The San Francisco call., 1907-03-27

ensued. During the excitement
court and Judge Dunno ordered the
bailif to throw him out of the court
room II he repeated his insolence.
Ruef was brought 10 the court in an
automobile. he shared the back seat
between Biggy and Burns, while
Burns man Foley sat with the chauf.
feur. The precautions taken and the
disclosures Of the scene which followed
show that q desperate attempt to aio
Ruef to escape again is not only ap-
pretended but completely prepared for
At the opening of the proceedings
yesterday Heney arose and asked thai
a continuance of one week be granted
in the trial OF Ruef on the French res
taurant cases, or until the mandate is
seceived from the United States Su-
preme Court announcing formally that
the petition on the writ of error had
been dismissed
Ach. who ike the man in the provert
is as bold as a lion when no man pur-
sueth. was on his feet with an ob5ec-
tiOn and a claim that his client wanted
10 be tried Immediately.
ESCAPED A PENALTY
Heney replied by exposing the trick
OF the defense in sending the petition
10 washington 10 secure delay when
delay was their wish, and ended by
saying:
The gentlemen are fortunate that
they escaped a penalty from the Su-
preme Court for trying to trihe with
st. by bringing a case that didn't touch
the bottom or sides of any federal
question"
This case" said the Judge, has been
dragged out for i've months by various
proceedings instituted by the defend
ant-well within his legal rights, OF
course. Now for the first time the
District Attorney asks for a continu-
ance. and i do not think the request
unreasonable"
Ach noted an exception
Another reason for the request made
by the prosecution, as Heney explained
il to the court, was that witnesses had
been subpenaed from Los Angeles and
were here TO testify before the Grand
Jury. This was known to Ach the
night before and IL was evident that
his sudden desire for haste was merely
inspired by q desire to impede the
taking OF testimony before the Grand
Jury. AS a matter of fact, the whole
move was predicted in The Call. the
day before.
MYRTLE CERF IN TROUBLE
Then followed the disturbance insti-
gated by Ach's demand
MY client is a man Of large affairs %
declaimed Ach. He has law business,
a very large law business. and he is
engaged in the Improvement of the
city in building on his various pieces
Of real estate. He employs six clerks
in his law office; and we make the re-
quest that any one Of them at any
time may visit Mr.. Ruef and that he
may be permitted TO go to where he is
improving his real estate when he de-
sires"
In this way Ach laid the foundation
for one of his exceptions" To any
one familiar with Ruefs office and his
six law clerks" the demand seemed
pregnant with interesting possibilities.
Il think there is at least one man
who should not be admitted to the de-
fendant," said Heney. There is abund-
ant reason why MYRTLE Cert, who aided
him In his escape. should be excluded. 4"
Cert who was sitting against the
wall. jumped up and started toward
Heney with an incoherent threat on
his lips. Charley Haggerty, Ruefs
Office boy, who evidently is gifted with
more discretion than Cert, dragged him
TO his seat, where he sat mumbling out
his anger.
Mr.. Bailif, IL Mr.. Cert arises again
put him out Of the room without wait
ing for me TO tell you again" Judge
Dunno ordered.
Things looked souaIly, but Cerfs
brain storm subsided.
i can't see why the Assistant Dis
trict Attorney should speak in this way
of the gentleman" protested Ach.
Because MIR. Cert has once aided the
prisoner TO escape, and because Mr.
Biggy is well within his rights in keep
ing a man out of Mr. Ruefs room who
carries a sixshooter." answered Heney.
HENRY ACH sNEERED
The elisor must necessarily keep
men out who carry firearms" sneered
Ach.
Biggy then told the court OF his
troubles. and OF how fourteen men had
marched upon the hotel at one time
there is a suspicion that the fourteen
desperadoes were harmless Journalists.
Biggy said that il was the intention. to
transfer Ruef to permanent quarters.
where there would be less danger OF
an escape.
The good name of the ST Francis
has not been injured" he said, but it
would be If we made a permanent jail
of the hotel"
He described the attempt of one
Thomas Finn 10 force himself into
Ruefs room. and seemed TO be consid-
erably exercised by the Ruef heelers
who loafed in the hotel lobby, among
whom Cert has been conspicuous.
Heney pointed out that no one had
been refused permission to see Ruef
after applying TO the court in the
regular way, or 10 the District Attor-
ney's Office, and the judge said he
would presume that Biggy, like the
other officers OF the court was doing
his duty. and that a general order from
him WIS not necessary
Ach noted an exception
The court then adjourned and Rues
was removed to his former quarters
after the brief excursion, which had
been his first In nine days
Ruef Enjoys Excitement