The San Francisco call., 1908-03-12
RUEPS TRIAL IS NO
JOKE SAYS COURT
Ach Fails to Make Judge Lawlor
See Point of Murphy's
"WittiCism"

Frank J. Murphy of Abe Ruefs
counsel ought TO be allowed to have
his little Joke" without anybody TAX
ing him seriously, even if the Joke
is at the expense of the court So
argues Henry Ach, leading attorney
for the slippery one Murphy was not
fired yesterday with any great ambi-
ton to do his own crawfishing SO Ach
condescendingly crawfished in his be-
half and spent a good deal of time
trying to explain TO Judge Lawlor why
Murphy's agreement of Monday morn
ing to proceed to trial at once should
not be treated seriously.
This, and Assistant District Attorney
Heneys agreement to reduce Ruefs
enormous ball to a hgure which may
give Ruef a bare chance Of regaining
his liberty for the time being, We're the
principal features of the proceedin gs
before Judge Lawlor yesterday morn
ing AS usual, a few new affidavits
rained in upon the court, and then
the whole matter was put over until
this morning for further action.
The first open admission on the part
of the defense of the alliance between
Ruef and the corporation grafters was
given yesterday when Ach formally
introduced NJ. G. Chapman as an asso-
had Chapman's name entered as an at
torney Of record in all the trolley
cases
ALSO ACTS FOR DARGIE
Chapman has not only shown his
close association with Patrick Cal
houn at a number of times, but is the
attorney for w. z. Dargie, proprietor
OF the Oakland Tribune, and has off,
ciated as Dargie's counselor in the
100000 libel suit brought against
Dargie and his organ by Rudolph
Spreckels.
1t has been understood for some time
that Chapman was associated with the
Ruef defense, but the formal admins
sion was never made until Ach an
nounced it. At the same time Ach
asked that George B. Keane's name be
stricken from the list of counsel. as
Keane had only appeared formally and
was taking no active part in the case
When the trolley case charging Ruef
with the bribery of former Supervisor
Jennings j. Phillips was called Ach
was ready with his motion for per-
mission to cross examine Heney, Lang
don and Burns concerning the state
ments made in Heney's affidavits, and
supported this motion with, the aff1-
dayit signed by Ruef at midnight Tues
day. Judge Lawlor refused to consider
the motion until he finished reading
Heney's affidavit, which was delivered
to him Tuesday. He said that he
would complete the reading by this
morning, and asked that Ach also in
form himself fully of the contents of
the document by the same time.
Heney stated that the remaining coun-
ter affidavits to be prepared by the
prosecution probably would be ready
for fling this morning.
Putting the Indictment in the Phillips
case over until this morning, Judge
Lawlor called the case against Ruef
based on the Coleman Indictment, on
which Murphy declared Monday morn
ing the defense was ready to proceed
TO trial at once. The court declared
that by virtue of what had transpired
Monday morning the case was on trial
and he was ready to proceed.
The jury panel ordered into the court
for this purpose was, in fact, on hand,
and the list of talesmen was called.
Ach evidently hated to do it, but as
his plans for conducting Ruefs de-
fense do not contemplate going to trial
at any time, he had to face the court
and make himself the central figure
of an interesting backdown He tried
to do il without directly repudiatine
Murphy, who. made the fatal mistake.
but he failed to score a huge success
IN this particular.
Touched with the pity of the spec