The San Francisco call., 1907-03-12
JUDGE De HAVEN
KILLS HOPE OF
RUFF To ESCAPE
Lower Federal Courts Can
not Interfere With State
Tribunals
ELISOR HOLDS BOSS
Supreme Court Denies Writ
Restraining Superior
Judge Dunno
SCHMITZ ASKS FAVOR
Mayor Wants to Be Tried
Separately on Joint
Indictment
ASKS FAVOR

Abe Ruef goes to trial at 10
o'clock this morning on a charge
of extorting money by threat
from the proprietors of the Del
monico restaurant.
Judge de Haven. sitting in the
United States District Court, re-
fused yesterday afternoon to issue
an order granting Ruef the right
to- show cause why a writ OF
habeas corpus should issue to
him to free the petitioner from
the custody Of Elisor William J.
Biggy.
The Supreme Court Of the
State denied to the indicted boss
a writ of prohibition to restrain
Superior Judge Dunno from pro.
ceeding with the trial of the
accused in the face of Judge Heb
bard's issue of writ of error to the
Supreme Court of the United States.
De Haven's ground for ruling was
that the lower United States courts do
not interfere with State courts save
when a petitioners Federal rights are
involved
Before three tribunals the cornered
boss appeared with his legal STAN.
horse and foot. and in the end he
spent the night a prisoner in his pink
cell at the Hotel st. Francis. with
every move watched by the men ap-
pointed by Elisor Biggy, the men who
have assisted Special Agent Burns to
collect the evidence which Is aimed to
drive Ruef from his dainty hotel prison
to the stsrner cell at the Penitentiary.
At 10 o'clock today IN Department
of the Superior Court the impaneling
of jury will commence, with Assist
ant District Attorney Francis ]. Heney
and Special Prosecutor Hiram W. John
son representing the people.
HAD THREE OPPORTUNITIES
When Ruef awoke yesterday morn
ing and his wardens watched him rise
and prepare to enter court it was just
a week since he Jared so we'll before
Judge Hebbard. whose act no court has
justified, and went into hiding at Troca-
dero.
If the State Supreme Court would
grant his writ of prohibition Judge
Dunno could not proceed with the trial
until the United States Supreme Court
at Washington, in it's leisurely way.
had passed upon the writ Of error Sc
cured so unblushingly. Or II Judge
de Haven. sitting in the District Court
of the United States in the Postofice
building. would decide that Judge Heb
bard's act was legal and that Ruef
was not now answerable before Judge
Dunno. then again. Ruef could go free
until the Justices sitting in the capital
had considered his case.
with those chances before him he
left his cell. which is as gay as a
maiden's boudoir. and rode by auto
mobile to the Temple Sherieth Israel.
where he met his attorneys. weighed
the possibilities OF the day and ex-
changed greetings with Mayor schnlitz-
1t was morning of argument and
postponement before Judge Dunno.
Ruef and Schmitz had he satisfaction
Of knowing that as csnters OF the
stage they still have great drawing
powers. Men fought to be able to get
into court and watch the struggle for
municipal purity carried on by Heney.
Johnson and Langdon.
MAYORS CASE DETACHED
Yesterday was the time for setting
the date of the trial of Mayor Schmitz
on the charges of extorton on which