Los Angeles herald., 1907-03-13
Close Guard Now Kept to
Prevent Escape of
Curly Boss
Application for Bail Is Denied and
the ImpaneIing of Jury
Will Commence TIE
Morning
BY Associated Press.

SAN FRANCISCO, March Eff the
expectation of Assistant District Attor-
ney Heney is realized, the impaneling
of jury to try Abraham Ruef for ex-
| tortion will be begun in Judge DUNES
department of the superior court to-
morrow morning.
While counsel for Ruef would not to-
day authorize the statement that they
had finally given up hope of judicial
interference in behalf of their client,
and would make no further effort to
stay Judge Dunno, it was admitted by
one of the attorneys conducting his de-
fense that Ruef expects to go on trial
tomorrow morning.
Ruefs application for bail was today
refused by Judge Dunno, and his coun-
sci then appealed for this relief to the
state supreme court, asking there
writ of habeas corpus.
Chief Justice Beatty, however, said
Of the Associated Press that it is, not
at all likely that action will be taken in
the matter before Thursday.
Had the application been made TO
one of the Justices said Judge Beatty,
"it could have been considered at any
time. But as 1t was made to the court
and the conference days of the court
are Monday and Thursday, 1 do not
think it will come up for consideration
before the day after tomorrow"
This contingency probably became
known to Ruefs attorneys, for they ap
| iaI 10 T11d of a TTTitad Gtatac
circuit court of appeals for an identical
writ, but it is stated on good authority
| that he refused to entertain the matter
at all.
Only One LoophoIe
"I know of but one happening that
could further delay the bringing of Ruef
to trial before Judge Dunne," said Mr..
Heney tonight, "and that is remote
possibility. 1 mean that if Judge
Dunno, after we have answered in
court at tomorrow mornings session
the affidavits of bias and prejudice filed
against him by the defense, should de-
eide that the defense had made out it's
case and declare himself to be an un-
fair judge to try Ruef, then change of
trial judges would by him be granted
and further delay would ensue
From the inception of this cause
Judge Dunno has demonstrated his
freedom from bias, and it would be un-
fortunate for the people and for justice
If the case were taken out of his hands
by any turn of events"
| An important move was made today
by the prosecution. They served notice
on the supreme court of the United
States of a motion to docket and dis
miss Ruef's appeal for writ of error
to prohibit Judge Dunno from any
further hearing of the Ruef case under
the five indictments returned by the
grand jury. This appeal has been per-
fected by Ruefs attorneys, who have
sixty days in which to do so.
Purpose Is Delay
The prosecution itself has perfected
Ruefs appeal and today notified the
supreme court at Washington that on
March 20 Attorney F. M. Mckinney of
that city will move the court to docket
and dismiss the appeal on the ground
that the record shows on it's face that
no federal question is involved, and
that the record shows on its face that
no federal question is involved. and
that it was taken for the purpose of
delay solely.
1t became known today that since the
action of Judge De Haven yesterday III
the United States district court deny
ing Ruefs application for admittance
his right to appeal. Ruef has been
much more closely and carefully guard
ed in the St. Francis hotel by Elisor
Biggy and his deputies. He is now al
lowed to see no one but his attorneys
and his immediate family.
Shortly after the rendering of Judge
De Haven's decision the elisor visited
the office of Mr.. Heney and informed
him that he feared an attempt to rescue
Ruef by force and that he considered
it would be but the part of prudence
TO guard his prisoner more strictly.
Ruef Carefully Guarded
would 1 be justified asked Biggy.
Sin hereafter refusing to allow any one
to see Ruef other than his attorneys
and his immediate family?"
IT told him." said Mr.. Heney that
he certainly would be justified In taking
that step, and he took it,"
Last night, after this order had gone
into effect, Attorneys Ach and Fairall
of counsel for Ruef hunted up Judge
Dunno at one of the theaters and COM
planned that Elisor Biggy would not
allow Ruef to be seen.
"Won't he permit you, his attorneys,
to see him?" questioned Judge Dunno.
EYES," they replied, "Biggy says his
counsel and the members OF his family
can come to the room. but he refuses