The San Francisco call., 1909-02-17

Si""t"iE
that we didn't get along very we'll to-
gether anyhow. I'll tell you what I've
done to get off this jury. I've gone
around to all the saloons and to the
telephone office and to every place that
l thought l might be fired off the jury
for going to. / wanted TO get fired,
and II l can't get fired some other way
I'll ask the Judge to let me go.
Heney asked Rock about his rela-
tions with Mario Bollo and Pete
BolO
I've roasted them" answered Rock.
ITO their faces?" asked Heney.
Yes: to their faces. 1 never roast
man behind his back
Haven't you roasted me behind my
back?" persisted Heney.
Maybe I have" said Rock, but not
since you were shot by Haas thought
YOU did a game thing by coming back,
and I've told a good many other people
so. ! don't remember whether abused
you before that or not"
Rock denied that he had openly de-
nounced the prosecution at any time,
and in order to prove the contrary as
sertion made by the prosecution the
investigation was put over from the
morning to the afternoon session. II. {.
Thaxter. an electrical engineer OF $50
Mission street. was called TO refute
Rocks testimony, and declared that In
July or August of last year he had many
conversations and arguments with Rock
and that the latter was decidedly an-
tagonistic to the prosecution. Rock
himself put several questions to ThaX-
ter and tried to argue him out of the
testimony he had given. but without
success. The challenge was submitted
and allowed by the court
BAsKETTE DROPPED QUICKLY
Juror Walter L. Baskette was dis
missed after a very brief re-opening
Of his examination. He was asked by
Heney particularly about visit made
TO him shortly after he was taken on
the >Sury by his nephew, Frank ]. Bas
kettle OF San Mateo. The latter was
said by Heney to be a close friend of
William NJ Abbott of the United Rail-
roads. but it developed that the tales
man did not know this and that he
had not discussed the case at all with
his nephew Heney reverted to for
mer statement that Baskette had made
to the effect that the United Railroads
deal considerably with the firm for
which he worked and asked if that fact
might affect his verdict Baskette
seized at once on the opportunity given
him to make a statement.
When 1 was asked that before 1 said
No" he declared, but 1 have been
thinking it over since 1 gave that an
swer and 1 believe I spoke then with
out sufficient reflection. 1 am really
afraid that it would influence me. 1
don't mean that it would affect me per-
sonally but it might affect my house
if my decision should be adverse to the
defendant, and having the interests of
my house in view L am afraid 1 might
be Influenced unconsciously."
Baskette was earnest in his state
ment and repeated 1t emphatically
when questioned by the defense. Heney
interposed a challenge based on this
statement and it was allowed.
The remainder of the day was de-
voted to the examination of talesmen
with only one incident to break the
monotony. That occurred while George
NJ Rudebeek, cashier of the Sutter
street bank, was being questioned
Rudebeck asserted that he believed the
United Railroads bribery deal had been
a hoIdup and that at the time 1t would
have been impossible to transact that
kind of corporation business without
paying the money demanded by the SUI
pervisors. Despite this statement Stan
ley Moore passed the talesman to
Heney without challenging. and in
stead of challenging him at once
Heney began to question him.
Now this is a useless waste of time,
your honor" interrupted Moore. Mr.
Heney knows that he isn't going to
take the juror, but instead of chalIeng-
ing him he is making this an oppor-
tunity TO exploit his own views"
Il don't know whether I'll take him
or not" retorted Heney, and then with
sarcasm IN his voice he added: "Of
course you don't want any but per-
fectly fair jurors. and so when you
passed this juror without challenge I
take it for granted that you consider
him fair. Therefore 1 have a perfect
right to examine him and lay my own
ground for challenge If 1 wish to use
one. But 1 may develop enough civic
pride in this gentleman to make a good
juror out of him yet"
Il take exception to having Mr..
Heney hold his own civic spirit up as
being better than the jurors" inter
rupted Moore again.
The difference between me and the
juror, Mr.. Moore, is that 1 fight graft
and continue to fight IT and don't give
up" answered Heney slowly I'D like
to see the man who would hold me up"
ANOTHER OBJECTION
Moore objected again, declaring that
/
duct and that his purpose was mere
self-exploitation."
He seems to think he's the only
American citizen in this courtroom. !"
he concluded bitterly.
"Oh, no I don't" answered Heney.
You're just trying to prejudice me
in the minds of these jurors, but 1
don't care. You can't prejudice me in
the mind of an intelligent man, and
don't care about the others"
Judge Lawlor, who had been max
ing a vain effort to interrupt the in
terchange between Heney and Moore.
at last got in word and ordered them
to preserve quiet. A. A. Moore started
/ to speak and was also silenced The
challenge which Heney interposed a
few minutes later was promptly al
/ lowed.
other talesmen who were examined
and excused for cause were Hugh T.
Roberts, Amandus Repsold, Stephen E.
Nutting, Thomas F. Ryan, Harold w.
Robinson, Alfred Olson. Charles c.
Riedy, William F. Stone, Herman
Stale, Henry A. Morequist, Charles C.
Stallman, Andrew Olson, Louis Oes-
i