The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-12
HENEY FORCING
RUFF TO TRIAL
Coils Of the Law Being Slowly
but Surely Wound Around
the Political Boss.
HABEAS CORPUS is DENIED
ALSO APPLICATION FOR WRIT OF
PROHIBITION.

san Francisco, March 1i.-This was the
most eventful. and for the defense the
most disastrous. day thus far the prose-
cuton OF alleged municipal graft in San
francisco. Its conclusion found the chief
figure against whom the efforts of the
sisfrict attorneys office are directed
Abraham Reuf-nearer by far than he
ever before had been to actual trial in
Department of the superior court TO
DELAY which his attorneys have been
drawing upon all their resources and
bending all their energies.
Incidents of the Day.
Among the many and fast following incl
dents OF a day full of strenuous action and
direct results the following were chief:
The supreme court of California denied
Ruefs application for writ of prohi-
hilton to restrain Judge Dunno from pro-
ceeding to try him on the grand jury ex-
fortion indictments in the superior court:
Judge De Haven in the United States
district court refused Ruefs petition for
q writ OF habeas corpus having in view
practically the same end, and denied Ruef
the right to appeal from this decision.
Mayor Schmitz demanded a separa te
trial and his case was set for hearing
tomorrow, but to follow the trial of Ruef.
Court Room Packed.
In charge Of Elisor Buggy, Ruef ap-
t,eared at 10 o'clock in Judge DUNES de-
nartment Of the superior court where an
immense crowd was assembled. their in
terest aroused to a great pitch by the
prospect Of seeing the indicted political
boss actually brought to the bar in Gus
todv Ii was RuefS first appearance in
public since he was declared by Judge
Dunne 10 he a fugitive from justice. and
since his capture at TrOcaderO by the
court elisor. Detective Burns and their
IDENTITIES Ruef was brought by autOmO-
a. m lpr- in 10
Francis hOltel. and the officers having
charge OF him had 10 literally fight
psssageway through the dense crowd that
hacked the corridors leading 10 the court
room in Temple Israel. at California and
Webster streets. Seated near Ruef when
the court opened was Mayor Schmitz, in
dicted by grand the jury on five counts
of eXtOrtiOn identical with those brought
BY the body against Ruef, Chief of Po-
lice Oman, indicted for perjury and con-
spiracy. occupied a seat in the rear OF
the room.
Hearing Continued.
The days jreceedings were opened by
Assistant District Attorney Heney with
a motion that Judge Dunno SET aside the
acts Of Superior Judge Hebbard by which
Ruef took appeal 10 the supreme court of
the United State for the purpose of sus-
pending his trial by Judge Dunno, This
motion. after nearly two hours Of heated
argument by counsel, was taken under
the defendant and in order to gain the
benefit OF an impending decision from the
state supreme court Judge Dunno con-
tinued the hearing until 10 o'clock tomor-
row morning.
Will Ask Change of Venue.
Ruefs counsel filed an affidavit of bias
against Judge Dunno and announced that
tomorrow they viii ask for a change OF
trial judges,
The latest development of the day came
in the United States district court. where
Ruef accompanied by Attorneys Ach and
Murphy. came before Judge De Haven in
defense of his application for writ Of
habeas corpus. Mr.. Heney and Special
Prosecutor Hiram johnson were present
10 oppose the issuance of the writ. The
courtroom in the postoffice building was
crowded with spectators, among them
many Of the best known attorneys in the
city.
Heney's Argument.
Mr.. Heney read the sworn return of
W j. Biggs as court elisor. and also a
lengthy affidavit sworn TO by Heney him
self detailing the capture of the indicted
boss. He denied that Ruef had been or
now was in custody in violation of the
sixth OF fourteenth amendments TO the
federal constitution, and pointed out that
before coming into the United States dis
trict court for habeas corpus he had
failed to exhaust the state courts. not
having applied for relief to either the
district court of appeal or the supreme
court. Heney maintained that in grant
ing the writ of error by which Ruef ap-
pealed 10 the supreme court of the Unit
ed States Superior Judge Hebbard acted
without jurisdiction-an assertion which,
he remarked. was well sustained by the
fact that both the district court Of ap-
peals and the state supreme court have
denied Ruefs application for a writ Of
prohibition TO prevent Superior Judge
Dunno from going ahead with mis- trial
while the determination of that appeal
Is pending.
Heney denounced the surrender of Ruef
by his bondsmen as pre-arranged
az inviting himself into nominal custody
so that he might then allege himself TO
be restrained of his liberty and on that
allegation sue out a writ Of habeas cor
pus. Under such circumstances" said
Heney, the constitution of the United
States offers this defendant no relief by
the writ he now seeks to obtain here"
Reply Of Defense.
Mr.. Murphy replied at great length,
denying all the important charges made
by the prosecution. and quoting many au-
thorfties in support of the contention of
Judge Hebbard in granting Ruef an ap-
peal by writ of error was a final judg-
ment In that particular cause and not re-
NeWable. Murphy asserted that Judge
Dunno, together with Heney and other
court officers had placed themselves
clearly in contempt of the supreme court
OF the United States by refusing to rec
ognize I'm Ruefs appeal a supersedeas
ssaspending his trial in the lower court.