Note 394 — Chapter XXIV · Jury-Fixing Uncovered.
Reading edition
Murphy’s testimony on this point was as follows: “On a day between the 20th of July and the 1st day of August, I went to the office of Mr. Newburgh. Mr. Newburgh was then engaged in defending Mr. Ruef on a preliminary examination had in one of the Parkside cases. We were discussing generally the Ruef cases and the graft prosecution, and a man came into the office who was introduced to me by Mr. Newburgh as E. A. S. Blake. This present jury panel had been drawn, and we were discussing the Ruef cases generally, and finally I made a remark that the trial of Mr. Ruef in one of these cases—referring to 1436, 1437 and 1438, would proceed as soon as the Police Court examination was finished, and I stated that a jury had been impaneled, or a jury had been drawn, I had a list of the jury in my pocket, and I pulled it out and said to both Mr. Newburgh and to Mr. Blake: ‘Perhaps you might know some of these people.’ Mr. Blake glanced at the list, and he came down to the name of Mr. Kelly, and he said, ‘I know Mr. Kelly; I have known him for a number of years; I used to work at Shreve’s jewelry store with him; and he is an intimate acquaintance of mine.’ Then I said, having in mind the decision of your Honor in the contempt case of W. J. Burns and others—”
The Court: (interruption): “Did this occur after that decision?”
“A. Yes—no, your Honor—I don’t know—no, no. But having in mind—I will state what I had in mind—a statement your Honor had made at some previous time, that either side had the right to find out how the jury stood; that is, if they used legitimate means. I said to Mr. Blake, I said, ‘How do you think Mr. Kelly stands on the graft prosecution?’ ‘Well,’ he said, ‘Mr. Kelly is a very liberal-minded fellow and I think he would give Ruef a square deal.’ So I then said, ‘Well, I would like to find out whether any of Mr. Burns’ gumshoe men have interviewed him, or whether he belongs to the Good Government League or the League of Justice or any kindred organizations.’ He said he would find out the next time he met Mr. Kelly.”
See printed transcript on appeal The People vs. Abraham Ruef, Part II, Vol. II, p. 878. For Newburgh’s statement see same transcript, part and volume, pages 943 and 944.