The San Francisco call., 1907-02-12
.DINAN CLAIMS He
WAS TRICkED
Innocent Pose of Chief of
Police in Seeking to
Set Aside Indictments
SCHMITZ RUFF STAY

5yfngtOn, attorney for the Chief of Po-
lice now under Indictment ON charges
of perjury and conspiracy with Abe
Ruef 10 protect houses Of Ill fame. In
sisted before Judge Dunno that his
client was trfclSed by n subterfuge into
testifStng before the Grand Jury and
for that reason the two indictments re-
turned against him should be set aside.
Assistant District Attorney Heney ex-
plained TO the court that Dinan was not
taken into the Grand Jury room under
duressi even the formality of subpena
was waived in his case, and he came al
a free agent Dinan's experience with
courts and criminal procedure, Heney
arg ued, should have qualified him to
know that he did not have TO testify
before the Grand Jury unless he wished.
and that the Chief was in no position
10 claim immunity from the action Of
the jury on the ground that he was
not aware OF the import of his presence
before that body. But Byington claimed
Dinan didn't get his sights
After morning of argument the case
was put over week by Judge Dunno
Both Ruef and Dinan also submitted
their cases on the qualification Of the
Jurors and the validity of the indict-
inents, TO rest on the ruling the court
will return in the matter of the first
Indictment returned by the jury against
graft, known as case No. 303.
sCHSIITZ-RUEF CASES co OVER
II was the eighty-second day in the
history Of the graft cases against Abe
Ruef and Mayor Schmitz, but when the
matter Of the ruling on the demurrer
10 the indictments by Judge Dunno was
called Attorney Frank Drew. appearing
for the Mayor, suggested that his client
was in Washington and that the Su-
preme Court Of the State had not yet
passed upon the application made by
the Mayor for a writ OF habeas cor
pus. stay of a week or ten DAYS
was asked for. Attorney Shortridge.
who alone of Ruef's counsel was pres
ent asked that the same stay apply to
his client. Heney had no objection to
a weeks continuance, and Judge Dunno
thereupon set the cases for next Mon
day at 10 o'clock.
Copies Of supplementary briefs filed
- Schmitz's attorneys with the Su-
preme Court were offered Judge Dunno.
The way was then cleared for the
Dinan case The Chief of Police was in
court and Ruef stayed at the bar all
morning.
Shortridge, after submitting Ruefs
case on the law involved in the de-
murrers before the court, made the
additional point that Heney was re-
puted TO have been a witness before
y =
appear in the Indictment in that ca
pacIty This was later controverted
by Henev. who said that the transcript
OF the proceedings before the Grand
Jury was in error and that he was not
a witness, but merely assisted in max
ing clear the broken French of wit
ness Andrieu.
OMAN WAS UNDER COVER
Byington insisted that from the rec
ord Of the proceedings of the Grand
Jury il would appear that no one testi-
fed that Dinan was paid money TO
protect the Pacifc-street house and
on that report he made the additional
motion that the Indictment be set aside
on the ground of insuficiency of evil
dence.
Dinan's attorney said that Heney
had acted improperly in calling TO the
attention Of the jury that Kid" Sui
livan. who was said TO have been the
chiefs go between with the keepers of
the evil resorts. had been across the
bay. had been convicted and served
time"
"Dinan admitted that himself: he
said that Sullivan had served time, -
declared Heney-
Hor wishing the indictment on the per-
jury charge set aside was that no one
particular lapse Of conduct on Dinan's
part was under investigation at the
time the chief is said 10 have testified
falsely. It appeared that when Dinan
first entered the jury-room he was
asked II he knew whether or not pool
rooms existed in the city, and then the
line OF investiga ton was suddenly
changed to the social evil It was not
fair to the not too nimble-witted Chief
Of Police TO shift the scenes that way
and Shortridge and Byington both dis
approved and wanted the indictment
set aside Immediately. Heney assured
the defense that poOlrooms We're under
investigation as well as other illegal
places
.aThe result Of these various investi-
cations were crystallized into this one
Indictment" asked Judge Dunno.
Yes" replied Heney.
POINTS FOR TRIAL JURY
In his reply to the arguments of BY
tngton Heney said that il was matter
for a trial jury to determine whether
or not Oman testified under compulsion
and cited authorities to show thai
Dinan, who for many years had beer
q detective. could not now claim thai
he was compelled to testify, for he was
IN a position to know just what com
nulsfon in such a case would amount
70 He said that Special Agent Burns
had gone for Dinan and did not serve
him with a subpoena. for il was the par
ticular wish Of the prosecution not Il
Mace the chief IN such position thai
he could claim immunity from punish
ment on the ground that he was com
pelled to testify TO his own prejudice
Heney said that he was ready to take
fhe stand and swear that he did not i'm.
properly state facts in the jury-room
but this was not required OF MIN by th'
defense. He promised to correct the
NJ errors IN the record. His final point
vas that the court could not go behind
the Indictment and question the sufh
cheney of evidence.
FEDERAL COURT DECISIONS
United States Judges Erskine NJ
Ross. J. J. de Haven and w. n Hum
sat in the United states circuit Cour
= Anrnais resfer6aY and handed doWr