The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-01-23
DELAY IN GRAF 7
CASES WEAR|ES
JUDGE DUNE
Court Brings to Abrupt
End the Dilatory Tactics
of Schmitz and Ruef
LAWYERS PLEAD
FOR MORE TIME

Judge Dunno brought to an abrupt
end yesterday the dilatOry tactics of
Mayor Schmitz and Abe Ruef and
showed disposition to give them the
speedy trial" for which they have been
clamOring much sooner, as 1t proved,
than they desired. A few moments
after Judge Dunno had denied their
motion to set aside the indictments and
announced that he would be ready to
begin the trial today, If necessary, the
! Mayor and his attorneys were in the
Supreme Court begging for further
delay.
Judge DUNES positive ruling yester-
day morning cutting off all chance of
further delay came with a suddenneSS
that made the attorney for the grafters
gasp. Henry Ach, chief of counsel for
Ruef, fianked by Attorney j. c. Camp
bell of counsel for the Mayor, had just
put forward his most brazen PROPOSE
tiOn. He announced desire to go
through the recent farce again by
placing all the grand jurors on the
stand on each of the five indictments.
Judge Dunno Immediately announced
that he would tolerate no such pro-
cedure. He ordered the motion to set
aside the indictments submitted with
out argument and at once rendered his
decision against the grafters.
DELAY IN SUPREME COURT
This ended the contention which Ach
has endeavored to support by an array
of witnesses as large as an army or
attaches from the Legislature de-
murrer was at once filed on behalf of
Schmitz and the attorneys for Ruef
We're ordered to file their demurrer to-
day The Schmitz demurrer attacks
the Indictment from the point of law
and rehearses many of the old conten-
lions, but fails to introduce any new
issue. The plan of Judge Dunno, as
announced from the bench yesterday,
was to pass on the demurrers today
and then to order the interested par
ties to proceed to trial.
1t was expected that the Supreme
Court would have disposed of the May
ors application for writ of habeas
corpus today, but owing to the request
of the Mayors attorneys for time in
which to submit printed copies of their
argument the matter will remain in
allegiance for five days. Should Judge
Dunno proceed with the hearing today
the Mayor will be in the paradoxical
position of asking to be given a trial
when already on trial.
RUFF MUST BE TRIED>FIRsT
AS the situation stands. virtually the
same issues are before the Superior and
Supreme courts, in one case in the
shape of demurrer and in the other in
an application for writ of habeas
corpus.
The case has so shaped itself that
another clash is imminent. In announc-
ing his decision from the bench yester
day Judge Dunno said to Attorney
Compbell:
II want to say that If you will sub
NIT your motion on all the indictments
and il they are determined adversely,
and If you then file your demurrer and
If that also is decided adversely, we
shall be ready to proceed with the trial
of the defendant Schmitz the morning
after"
81 understand. then, that the defend
ant Schmitz will be given trial?" in
quired Campbell.
Immediately" replied the Judge.
Attorney Campbell announced yester-
day that 1t was his plan to proceed at
once with the trial of the Mayor. AT
the same time, it is understood that it
is the desire of the District Attorneys
Office to place Ruef on trial first. While
the grafters have decided to seek sep
arate trial, it rests with the District At
torney to decide the order of trial
LIVINGSTON ON STAND
The hollow mockery of the cry of the
grafters for a speedy hearing was
shown more clearly yesterday than ever
before Both sides attempted to de-
lay the issue with more testimony and
long arguments. But Judge Dunno had
heard enough. He allowed the defense
to place Grand Juror norris Levings-
ton on the stand and question him in
regard to some of his earlier testimony
as to the character of Ruefs affidavit
men. Nothing of Importance was de-
veloped' in this connection Then he
ordered the motion to set aside the in