The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-01-24
HENEY WANTS TO
TRY RUFF FIRST

Francis J. Heney stated yesterday In
Judge DUNES court that IL was the
wish of the prosecution TO have the
trial of Ruef SET before that of SchmitE,
who. he said, had evidently OutgrOwn
hfs hurry 70 face a jury. That he was
correct IN this inference was apparent
from the fact that Campbell had left
town, and IN hfs absence Drew re-
nevved the plea for delay I'm the Mayors
case.
Supreme Court, Judge Dunno said that
NJ would be assistance TO him II
that court would pass on the question
OF the eligibility of Grand Juror Wise.
"A little more delay-just FIVE days
or possibly longer, II your Honor VIII
grant it."
with this familiar petition the law
gers for Ruef and Schmitz opened the
proceedings, IL being the sixty-third
SAY since they first expressed that
wish, and stiIl they wanted more
The excuse this time was that they
had been busy printing the briefs they
tiled with the Supreme Court on the
~ previous and that Lawyer Camp
bLI rad left town. deserving his eager
elfent at a moment when ne was very
anxious for a speedy trial
HENEY GIVES CONSENT
Heney had consented not to oppose
the petition for delay on the part OF
ne Mayor and had agreed to that
tnfect with Campbell before he left
m the case OF Ruef he opposed the
notion. But Judge Dunno insisted
hat both defendants submit their de-
nurrers' at the same time.
I viii say frankly" remarked
Heney, that the prosecution wishes
h proceed with the trial OF the de-
lendant Ruef first And inasmuch as
he defendant Schmitz has outgrown
lie hurry 10 60 to trial we DO not see
fhy they should raise an objection"
Judge Dunno intimated that he
Fould deny both motions for delay.
Ee said:
IF there is to be a continuance Il
must be in both cases. as 7 want both
defendants to demur al once. II you
Fish the trial OF the defendant Ruef
, be set first, the time 70 arrange that
riI be after the demurrers have been
.assed upon. II the delay cannot be
tade 20 apply TO both defendants now,
cannot be had al all"
This left Heney in q position where
o carry out his promise 20 Campbell
( was necessary for him 70 withdraw
fR opposition to the delay on the
b. The Judge then granted a con-
tnuance In both cases until Monday.
Judge Dunno had called the atten-
Ion Of Schmitz's attorneys 90 the fact
hat their petition before the Supreme
burt applied 10 only one OF the In
totments and had asked them II they
bere not willing 20 proceed on the
thsr four.
MAYOR Is PASSIVE
No, your Honor" we are not" re-
bonded Frank Drew. and the eager
l-be-trieo Mayor sat by while his
myers pleaded for more delay They
kged upon the Judge that the de-
kion IN the Supreme Court would be
cry important. but Judge Dunno had
is own opinion about that matter. He
I'd:
THE only point the Supreme Court
au consider, in all probability. will
the status OF Grand Juror wallace
Use We have no right 70 assume
tst they will consent TO pass upon the
ff7ciency Of the indictments at this
he, but the eligibility Of the Juror
Use is 2 question that should be de-
Tmine6 for the guidance OF this
hurt"
Evidently perplexed by the two
hed attitude OF the defense in con
h6ing for q speedy trial and for delay
the same time. he added:
II assume 7 am answering the call
the petitioner Schnitz for a speedy
tal."
But Frank Drew FASTENED to make 81
Ear to the court that the desire for
red had suffered an eclipse for the
hmeut. and as Heney agreed TO q
nttnusnce tiil Monday the court so
srAx woILMAR RETURNS
kfter rox-sterfouelv disappearing from