The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-03-12
In His Effort 10 Della,
Trial for fxtortiOn.
CASE OF sCHMITz.
Mayor Of San francisco, indicted
with Ruet on Same Charge,
Goes to Trial To-day.

Sa0 FflnclScO, March l2.-lne StutS
Supreme court on Monday denied the
application OF Abraham Ruef. indicted
for extortion, for writ of prohibition
10 prevent Judge Dunno from proceed
ing with The trial of Rnef pending the
disposition of the writ of error to the
United States supreme court granted
by Judge Hebbard.
Judge lie Haven In the United
States district court refused Ruefs
petition for q writ of habeas corpGs
and denied Rucf the right to appeal
from this decision.
When Judge Dnnnes court opened
Monday n fierce scrimmage resulted
from the attempts of hundreds of per
sous TO get In For five minutes bailifrs
battled with the mob. perhaps 30 OF
whom succeeded In getting inside.
Judge Dunno ordered the doors lock
ed. but. until the adjournment of the
session many stood in the corridor
. the court room.
Huef appeared with all his attorneys
save Samuel M. Shortrldge. who, hav.
ing been ordered TO jail on Friday by
Judge Dunno for contempt and who Is
now at liberty on his recognzance by
virtue Of an appeal to the district
court OF appeals, withheld himself
from appearance Ruef took a seat
near the counsel table BY him sat
Mayor SchmitZ. Assistant District At.
torney Heney appeared for the people.
The contest was opened by Mr..
Heney, who moved that the court
quash the order made by Judge Heb.
bard In the superior court by which
Ruefs original $50, 900 bail was re.
duced.
Heney grounded his motion on the
declaration that Ruef never was acui'
ally In confinement; that his petition
to Judge Hebbard for release on
habeas corpus was not bona iide and
that court cannot reverse itself in a
habeas corpus decision.
Attorney Ach, chief counsel for
Ruef. opposed Heney's motion. assert.
ing that under the constitution of Cali.
fornia writ of habeas corpus is
granted not by the court. but by the
Judge. In his own discretion, and is all.
solutely final and may not under any
circumstances be set aside by another
Judge OF coordinate court.
I'm my opinion" said Judge Dnnne.
''the proceedings In Department Four
tJudge Hebbard'S) of the superior
court were had by means OF trlckery
and were fraud. believe that the
court had no jurisdiction In this
habeas corpus application, but II it did
have Jurisdiction Judge Hcbbards ac.
tion In refusing the writ of habeas cor
pus and remanding Reuf and then
granting by writ al error an appeal to
the highest court In the land with the
obvious intent OF restraining Il Judge
OF concurrent Jurisdiction from legal
procedure IN the same case, does not
operate as a supersedeas barring this
court from proceeding in the case"
Judge Dunno brought the argument
TO close by remarking: "As no hard.
ship can be worked by deferring this
hearing until the supreme court Is
heard from, win take under consid-
GRAFTON the motion TO set aside The or
der Ia Department Four and will ad.
Journ the present proceedings until TO-
morrow"
The court remanded Ruef to the Gus.
tody OF Elisor Biggy until that tine.
The case OF Mayor Schmitz in.
dicted with Rouf for extortion on five
counts, was then called Counsel an.
nounced that the defendant was ready
but demanded a separate trial
Schmitz announced his readiness To go
to trial to-day and Judge Dunno set
the case for 10 a. IN.