The trial had been delayed by Ruef’s preliminary hearing. The hearing was held in order that Gallagher’s testimony might become of record in a way that would permit of its being used at Ruef’s trial, in the event of Gallagher’s assassination.
Ruef’s attorneys by lengthy cross-examinations and other delaying tactics, succeeded in dragging the case along for sixty-nine days. Further delays were caused by the usual efforts made to disqualify Judge Lawlor as trial judge. In this way, the defense managed to keep the attorneys for the State engaged until late in August. Then Ruef was made to face another jury.
Kelly claimed to have telephoned Langdon within a few minutes after Blake had left him. In this he was borne out by his employer, Samuel M. Snyder. Snyder testified that on his return to his office on the afternoon of July 31, he met Blake leaving. Kelly had followed him into his private office. Of the interview which followed Snyder testified at the hearing of the case as follows:
“I said (to Kelly) ‘Well, what is the matter now?’ And he said that Mr. Blake was just in and wanted to give him $500. I said, ‘What for?’ ‘Well,’ he said, ‘to do the right thing on the jury.’ He had been called on a jury case, the Ruef case. He said, ‘I had a notion to punch his head.’ That is just the remark Mr. Kelly used. I said, ‘Oh, I would not get excited like that; that is foolishness.’ He said, ‘What do you advise doing? If I go out and do anything rash I am liable to get into trouble, ain’t I?’ I said, ‘Yes, you better not do that.’ I said, ‘If I were you’—this is the language I used to Mr. Kelly, I said, ‘I would telephone to Mr. Langdon and tell him.’ He said, ‘Well, that might hurt your business.’ I said, ‘Well, I don’t believe that would hurt my business any. I firmly believe that jurors should not be tampered with by anyone to try any case, no matter what it is.’ And from there he did telephone to Mr. Langdon.”
The Court: “When was this, Mr. Snyder?”
“A. That was on the 31st of July, pretty close to 5 o’clock in the afternoon.
“Q. Did Mr. Kelly call up a telephone number from the office at that time?
“A. He called up Mr. Langdon from the office at that time. I was sitting right by the side of him.”