The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-10

"JUST TAKING A REST"
is EXPLANATION MADE
SAYS That Intention Was to Get
Him Before Stuck" Jury
and Biased Court.

SAN FRANCISCO, March 9-The de-
Tense in the Ruef case gained tenta-
live point at noon today. when Judge
Dehaven in the United States circuit
lourt granted an order to show cause
why writ of habeas corpus for the
release of Ruef from the custody of the
court elisor, w. J. Buggy, should not
Monday, Ruef will have TO remain the
prisoner of Biggy until that time, no
provision for bail existing. Under the
brder of Judge Dunno. Biggy is 10 pro-
duce Ruef in the superior court al 10
clock Monday for trial, at which time
the prosecution proposes 10 begin the
work of selecting Jury.
Until 12 clock today Ruef S attor-
neys were hopeful Of decision from
the State Supreme Court in the matter
of Ruef 8 application for a writ Of
prohibition restraining Judge Dunno
from proceeding with the trial, but no
order was made by the Supreme Court,
and as Saturday afternoon is a half
holiday the application must 60 over
until Monday.
Ruef Guarded by Five.
Guarded by Elisor Biggy and four
deputies, Ruef is quartered in com
Portable bedchamber at the st. Fran
els hotel telephone connects him
with the outside world, and be spends
q large portion of the time nsing IT,
answering calls, replying to messages
of sympathy from his followers and or
ders TO his heutcnants. To relieve the
monotony of his quarters he is allowed
80 step outside into hallway as often
as he wishes. but there are constantly
two deputies at his elbows.
"While ] have no desire to impose
any undue hardship upon Ruef, said
Mr.. Biggy. ''the court has made him
and ifte RI
that he is safe in my hands when the
time comes to produce him in court,
unless, of course higher court has
in the meantime released him on habeas
corpus.
Biggy had dNhreakfast brought to Ruef
in his room; for the luncheon and din
ner the indicted boss was escorted by
deputies to the main dining room, where
his appearance in charge created stir
among the guests.
Statement of Ruef.
"Mr Biggy and Mr.. Burns and the
train, all together, forestslled me,
said Ruef to sn Associated Press rep
resentative this morning, "We had it
framed up Yesterday to charter a
launch at the Cliff house, walk two
miles across the sand dunes from Iroc.,
adero. 90 aboard. hoist flag and sail
up TO the city in state-.Just to an
nounce TO the public that | was not IN
hiding, despite the general supposition.
But it rained so hard we had TO give
that programme up, and ] am sorry
81 have not at any time been seek
ing TO avoid q fair trial. Even though
Judge Dunno has seen fit TO disregard
my habeas corpus application now pend
ing before the Supreme court of the
United States-which We claim acts as
4 stay TO all proceedings In the lower
court wonld have been, and ! am
now ready and willing, to go to trial
before Judge Dunno without further de
far trial But | don I propose to be
jobbed
During your stay at Thocadero
and since you were declared by Judge
Dunno a Fugitive, were you in com.
munication with your attorneys?'
Ruef was asked,
"Well, not directly" he replied
which he says;
"When the case was ended in Judge |
Hebbard's court last Monday and by
the writ of error put into the Supreme
court of the United States, knowing !
that Judge Dunno had no further juris-
diction of the proceedings, | thought |
would take a rest for three or four days.
cit never was my intention TO evade |
any process of the court or TO escape |
from the jurisdiction of the court or
leave the city.
81 never left the city nor will do
so.
''My reason for taking the case to |
the Supreme Court Of the United States
was that / had been advised that Judge
Dunno had practically contracted TO
pack a jury in the case which was TO |
be heard before him
81 am willing to be tried upon this |
infamous charge, of which I am not
guilty, but want fair judge and
fair jury ] do not propose, if it is pos.
sible to avoid it, TO go up against stuck
lpry and prejudiced Judge"