The San Francisco call., 1907-03-05
Judge Hebbard Aids Ruef to Take
His Case Before Federal Court
Prosecution Leaves Room During Farce
Continued From Page /, Column 1


sion of court unprecedented in San
Francisco jurisprudence--a session
marked by the appearance of we'll
primed but pallid, trembling judge,
searching after judicial phrases which
ever eluded fs mental grasp, and by
the departure of the entire legal force
representing the interests of the people
of the State of California, as the legal
verbiage goes, leaving theScourtroom TO
the sole possession of Ruefs legal ar
ray and Judge Hebbard, of whom AS
sistant District Attorney Heney said
last evening, "he was under the infiu-
ence of liquor all afternoon and unfit to
sit on the bench
"PROGRAMME,- HENEY SAYS
This play of Ruef was essentially
timely. 1t was made on the eve OF his
trial before Superior Judge Dunno on
charge of extortion. Heney declares
that Hebbard was programmed" to
carry out his share of the coup, which
will delay the bringing of the boss
to Justice until at least after May 2,
on which date the writ of error is set
for hearing before the United States
Supreme Court in Washington.
When the prosecution realized the
drift of the proceedings 1T withdrew
Hiram Johnson, declaring he would not
ing.
In the morning Ruef was surrendered
by his bondsmen, the Aetna Indemnity
Company, into the custody of the
Sheriff, and Immediately filed with
Hebbard petition for a writ of habeas
corpus on the ground that there was
a conflict between the California code
sections relative to the incompetency
sof grand jurors and the right to chal-
lenge such incompetent inquisitors
This conflict was declared to be mimi
cal TO the privileges of citizens as
granted by the third and fourth amend
ments to the constitution of the United
States. Hebbard heard the application
for the writ of habeas corpus in the
afternoon, innocuously denied it and
Immediately issued the writ of error.
which, under the law. Ruef having al
ready pleaded in the Superior Court.
can be heard before no tribunal other
than the highest court in the land.
BACCaANALIAN SESSION
Immediately after the ruling of the
court, Frank Murphy, one of Ruef's
many legal attaches, sped in an auto
mobile to the clerk of the Federal
courts for this circuit and filed the writ
of error. A citation was thereupon
issued Ruef filed a bond Of $1,000 to
cover costs, the indemnity company re-
assumed the responsibility it had so
lightly dropped before luncheon and
the programme had been carried out
from the overture to the printers name
Judge Hebbard's acceptance of the
Federal aspect of the case is char
acterized by Heney as too absurd to be
worthy a moments consideration. Dur
ing the proceedings Hiram Johnson de-
clared that 1t was worse than farce
that one Judge Should pass upon a
matter which had been decided by a
court of coordinate Jurisdiction. To
this Hebbard stammered an incoherent
reply. When the prosecution finally de-
parted, Hebbard tried vainly to bring
Attorney General Webb into the pro-
ceedings.
Last evening Heney and Johnson
would not say what action would be
taken to counteract the programme rul-
ing passed by Hebbard to aid Ruef, but
this morning the prosecution will ap-
pear before Judge Dunno, prepared TO
do what 1t can to maintain the con-
tinuity of justice, broken by baccha-
nalian session of the Superior Court.
BEGINNING OF FARCE
The programme of the days events
began,at 10 o'clock, when Ruefs bonds
man, Paul NJ. Nippert, delivered him
into the custody of Sheriff O'Neil, the
so-called arrest being accomplished
with the use of all the most improved
accessories, including Ruefs own auto
mobile, and without injury to the feel
ings of the accused. Accompanied
part of the time by Sheriff ONeil and
the remainder of the time by Deputy
William Noonan, Ruef was allowed to
spend the rest of the morning super
vising the carrying out of prearranged
details.
A few minutes after the surrender
into custody. the petition for a writ of
!, I<xa 1AI tn 1v-f
before Judge Hebbard and made re-
turnable at 1870 o'clock The instru-
ment set forth that the restraint. as
exercised by the Sheriff: was in viola
tion of the petitioners rights under the
constitution of the UnitedA States. In
stating the grounds for the writ the
application says:
THAT the restraint of your petitioner
upon said alleged bench warrants, and
each and every of them, is in violation
of the fifth and fourteenth amendments
of the constitution of the United States,
in that such restraint is a deprivation
of the liberty of your petitioner with
out due process of law, in this, that
by the laws of the State Of California
it is provided as follows"
The remainder of the petition cites at
length the provision of section 199 of
the Code of Civil Procedure, in which
it is declared that a person having
served on a trial jury within year
of his impeachment as grand juror
is ineligible to serve as such grand
juror, and the conflicting provisions of
sections 500 and 995 of the Penal Code,
which set forth the grounds of chal-
lenge. These sections provide certain
grounds of challenge as exclusive, and
that relating to previous jury service
is not among them. The alleged dis
qualification of Grand Juror Wallace C.
Wise is then cited in the petition as the
direct ground on which the claim is
based.
HEBBARD's CONDITION
At 1880 the contending parties ap-
peared before Judge Hebbard In his
courtroom on Clay street. Ruef was
represented by> Henry Ach. Samuel
Shortridge. Judge Fairall and Frank
Murphy, MYRTLE Cert, as usual being
in close attendance at the heels of his
chief. The State was represented by
District Attorney IAngdon and Specia1