The San Francisco call., 1907-03-14
Simon Varnhagen. merchant; 1114 Fell.
Douglas S.sWatson. banker; 2TS2 Vallejo
ACH TRIES TO OBSTRUCT

=
1t was due to no lack of energy or
trick on the part of Henry Ach that
any progress was made. Ach COM
menced to obstruct from the opening of
court
The point for decision was the mo-
tion made by Ach Tuesday for change
OF venue. Assistant District Attorney
Heney had prepared afidavits TO con-
troyert the sworn statements of Ruef
and Paul M. Nippert, relative to pos
sible prejudice in the mind Of Judge
Dunno against the defendant Judge
Dunno, Francis J. Heney, DR.. Robert
Patek and Deputy County Clerk Frank
McManus were the atlantis for the
prosecutions; but Ach was not ready
then to consider those affidavits,
though he had one of his own to file
against the judges state of mind.
Heney read, from the codes TO the
effect that motion for a change of
venue must be made on the day prior
to the beginning of trial. AS the Ruef
trial started on March 5, Achs motion
was loo late, Heney contended. Then
Heney started to read his ahdavits, but
Ach thought that the jury should not
be allowed to listen to their contents,
so the papers were handed to the court
and proceedings paused while they
were perused in silence.
Judge Dunne's affidavit denied every
material allegation made by Ruef. He
insisted that he was not prejudiced
against the defense and that the fact
that he was a personal friend OF John
s. Partridge, defeated candidate for
Mayor, did not constitute prejudice
Judge Dunno defended all his actions
in court in connection with the Ruef
proceedings. He declared that he had
not spoken against Ruef and Schmitz,
as Paul Nippert had stated
DR.. Patek. resident physician OF the
City and County Hospital, who was
present at Big Meadows in September.
1906, when Nippert accused Dunno OF
denouncing the boss and the Mayor,
swore in his affidavit that Nippert was
the only one of the group present to
mention graft and that he had said he
lived in the neighborhood of the push
and that Mayor Schmitz and Schmitz's
friends, Hilbert and Deneen, lived in
the same neighborhood- Dunno said
the afiant took no part in the dis
cussion beyond listening.
Heney's affidavit attested to the le-
gality of all Dunnes acts and the
courts freedom from prejudice and
independent action in all matters.
ager of the surety company on Ruef's
bond. ar
McMaus, who is courtroom clerk,
contradicted part of Ruefs affidavit
by swearing that Judge Dunno lad
always, through him. notified Ruef and
Ruefs counsel of any drawing for
jurors.
DEFENSE CAUSES DELAY
Ach let the Judge read and then en-
tered objections to stated clauses in the
papers, objecting to passages from
-
escaped his carping spirit, which was
in excellent trim to delay matters.
This whole proceeding OF counsel
is an absurdity and is merely intro
duced for purposes of delay" objected
Heney.
Then Ach wanted to call in Judge
Coffey and put Judge Dunno on the
stand for cross examination on his
affidavit but 8he court would not al
low such step and ruled against Ach's
motion for a1change of venue on the
ground made by Heney. The court or
dered that the selection of jury pro-
ceed. The four names were then taken
from the box by Bailiff Moore.
Heney moved that Sheriff O'Nei1 and
Coroner Walsh be disqualified from
having the prisoner in their custody
on the strength of aff1davits already
n.Sd. -
Ach objected to the Incarceration of
Ruef as "tyrannical and arbitrary"
mo affidavits disqualifying officials
have yet been fled" added Ach.
-They were filed last week." replied
Heney.
But that was in the absence of the
defendant" said Ruef's lawyer, with
audacity and Ruef grinned.
II will grant the Districts Attor-
ney's motion" ruled the court II have
no confidence in the Sheriff or Coroner.
Shall give my reasons2 All that this,
court wants is to be sure that the de-
fendant will be in court when wanted.
If the qualified officers were able to
guarantee that. the court would rely
on them. but the court has no conf
dence in these officers"
Shortridge came back with an Inde-
pendence day style of address about
the rights of the prisoner, and Judge
Dunno interrupted his redundance. Il
just wanted to complete the record.
your Honor" replied the chastened at
torney, politely. AZ
KEANE IN COURT
Since Elisor Biggy has kept Ruef in
the close confinement to which he
would he suhiecfed were he at the