The San Francisco call., 1906-12-29

separate the codefendants he would
refuse to sit in the prosecution of
Ruef
The bunko attempt of Schmitz and
Ruef to create a revulsion of popular
sentiment through the demand Dor a
eparate and immediate trial of
ehmitz brought the graft prosecutions
o a dramatic sub-climax yesterday
morning The climax was produced
by Superior Judge Dunno. when he
summarily continued the Ruef case
until Wednesday morning and at the
same time fayed the presiding men,
ber of the Superior bench. The court
expressed itself in terms chosen with
judicial exactness to convey sensa-
tionally sarcastic estimate of the
large sympathies" of a member of the
bench who could be played upon at
the expense OF the proper adrniniatra-
tion of justice.
DUNNE Is INDIGNANT
1t was said briefly in terse sentences.
delivered in slightly heightened pitch
of Judge Dunne's modest voice. but
every word carried the sting OF
righteous Indignation. It's very quiet
ness served to add to it's effectiveness.
The crowd in the courtroom had fled
out into the corridors before it grasped
its breath and an appreciation of the
fact that an altogether unusual rebuke
had been administered not alone to
ho kr4%
Judge.
The thrills began in Presiding Judge
Graham's court when Attorney Barrett
for Schmitz presented his clients mo-
tion for separate and Immediate
trial Notice of the motion was served
on the prosecution during the after
noon of the day before while engaged
in Judge Dunne's court watching the
dilatory tactics of Ruef and his coun-
sci in an examination of the members
of the oliver Grand Jury. The prose-
cution had not the time to file am
davits in answer to the contentious of
the defense. but relying on the rule Of
the Superior Court of San. Francisco,
which unequivocally provides that all
motions in connection with any case
must be made in the court where the
action is pending. came into Judge
Graham's court expecting to hear the
motion dismissed out of hand
BARRETT's CONTENTION
Barrett for Schmitz contended that
the presiding Judge had the right to
take the case from Judge Dunno and
that inasmuch as Schmitz the Mayor
of San Francisco. had been derided for
demanding an immediate trial. it was
imperative that it be given him and in
some other court than that to which IL
was originally assigned. The attorney
also declared that Schmitz's co-defend-
ant. Ruef. persisted in the prosecution
of a play for delay that made i'm
mediate trial impossible
Hiram Johnson's attempt to answer
the arguments advanced by Barrett
and to show that the court under the
rules should send the defepdants and
their motion to Judge Dunno. was
promptly squelched by Judge Graham's
announcement that he would entertain
the motion. After the exchange OF
some unpleasantries by the attorneys.
Judge Graham granted the prosecution
until Monday morning to file afidavits.
at the same time announcing that he
would peremptorily dispose of the mo-
ton at that time
Attorneys and audience fled across
the hall to Judge Dunnes court. where
they were first regaled with reading
of long-winded motions to set aside
the indictments against Chief OF Police
Dinan individually and against Chief
of Police Dinan and A Ruef jointly on
the conspiracy charge. Arriving at .
resumption of the Ruef trial. the de-
fense had put Witness Robinson on the
stand for a prolongation Of the farcical
examination OF the members OF the
Grand Jury. when the court broke
in with the inquiry:
IT want to know something about
this petition fled by one Of these de-
PENDANTS; this motion that is pending.
What is itr'
GRAHAM Is GRILLED
The Judges mild eyes snapped a.
Hiram Johnson offered terse tech
meal explanation of what had oc-
Cured in Judge Graham's courtroom a
few minutes before Then, his voice
cold with biting sarcasm, the words
dropping slowly. Judge Dunno said:
AI. am not unfamiliar with Tactics
employed By the counsel defending ~