The San Francisco call., 1907-02-26
DATES SET FOR TRIALS
OF RUFF AND-SCHM|TZ
Judge Dunno Is Not Pleased
Over Mayors Absence
From City
RUSE TO GAIN TIME
Boss Fails to Profit by
Nonappearance of His
Confederate

al will put the case of Schmitz on
the calendar for next Thursday and
will continue 1T from day to day, and
If he does not return to the city within
reasonable time shall consult with
the District Attorneys office to see
what steps may be taken to bring him
into court. All that we are waiting
for now is the defendant who wanted
a speedy trial. The business on which
Mayor Schmitz went East is State
matter, with which he had no more do
than has any Citizen
Thus spoke Superior Judge Dunno
yesterday morning. when counsel for
Ruef and Schmitz sought to fnterpose
delays In the proceedings of the trial
of the cases.
Attorney j. J. Barrett, representing &
Schmitz, jumped to his feet.
'On behalf of the absent Mayor. l
deny the import of the gratuitous re-
marks of the court he cried.
Il am speaking of Mayor under in
dictment," replied Judge Dunno; "of a
man charged with a public offense.
And 1 think it is time to confer with
the District Attorney and learn where
this codefendent is.
RUEF's TRIAL SET
But the absence of the Mayor did not
avail his companion in indictments to
any extent, for Judge Dunno ruled that
on Tuesday, March 5. a week from to-
day, Abe Ruef must appear for trial on
Indictment No. 305, charging the boss
and his obedient Mayor with having
extorted $1175 from Joseph Malfanti
Charles Kelb and William Lafrez, pro-
prietors of the Delmonico restaurant
on OFarrell street, under threat OF
preventing them from obtaining a per-
nit to sell liquor.
When court opened Attorney Barrett
for Schmitz, said That counsel had re-
eeived telegram from Schmitz, who
announced that he had been called to
New York on business and would re-
turn to San Francisco at once, arriv-
ing here on Saturday. This informa.
tion was not satisfactory to Judge
Dunno. At the end of the court ses-
! sion Assistant District Attorney Heney
and Attorney Metson, for Schmitz, haC
| a conference, and it was agreed tha
| the defense would keep the prosecution
informed op the movements of the in
dicted tourist, should there be chang,
from his present itinerary.
THREATENS JOINT TRIAL
When Judge. Dunno set Ruef's tria
! for March 8 Ach declared that ther,
could be no separation of the defend
ants until Schmitz had entered his plea
Heney combated this.
Wen set Ruef's trial for Tuesday
and if Schmitz comes and wants
| speedy trial Wen try them both to
| gether,' declared Heney, emphatically
Attorney Shortridge tried to show
that the application for a writ o
habeas corpus brought by Schmitz il
/ the Supreme Court was test case, OF
which hung the fate of all the indict
ments against Ruef and Schmitz H
added that the Chief Justice had givel
his word that the question would no
be passed upon until Schmitz returned
The court refused to entertain tha
view.
] The work of selecting a jury will b.
| begun on Tuesday.
After stipulation on minor points O
argument by Assistant District Attor
ney Heney and Lewis F. Byington
counsel for Chief of Police Dinan
Judge Dunno yesterday took under ad
visement for week the motion to Sc
aside the indictments charging Rue
and Dinan with conspiracy and Dinar
| with perjury.