The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-03-12

San Francisco, March 11.-This was
the most eventful and for the defense
the disastrous day thus far in the
prosecution of alleged municipal
graft in San Francisco. It's conclu-
sion found the chief figure against
whom the efforts Of the district attor
ney's office are directed-"Abe" Ruef
nearer by far than, he ever before
had been to actual trial in department
six Of the superior court, to delay
which his attorneys have been draw
ing all their resources and bending all
their energies.
Among the many and fast following
incidents of day full of strenuous
action and direct results the follow
ing were chief:
The supreme court denied Ruef's
application for writ of error to re
strain Judge Dunno from trying the
case on the indictments; Judge De
haven in the United States district
court refused Ruef's petition for a
writ of habeas corpus and denied
Ruef the right to appeal from his de-
clsion.
Mayor Schmitz demanded separate
trial, and his case was set for hearing
tomorrow, but to follow the trial of
Ruef.
In charge of Elisor Bigby, Ruef ap-
peared at 10 O'clock in Judge Dunne's
department of the superior court,
where an immense crowd was assem-
bled, their interest aroused to a great
pitch by the prospect Of seeing the
indicted political boss actually brought
to the bar in custody. 1t was Ruefs
first appearance in public since he
was declared by Judge Dunno to be a
fugitive from justice, and since his
capture by Elisor Bigby, Detective
Burns and their deputies.
Ruef was brought by automobile
from his prison chamber in the ST.
Francis hotel, and the officers having
charge OF him had to literally fight a
passageway through the dense crowd
that packed the corridors leading to
the court room in Temple Israel, at
California and Webster streets. Seat
ed near Ruef when court opened was
Mayor schmitz, indicted by the grand
Jury on five counts of extortion, iden
tical with those brought by that body
against Ruef Chief of Police Dinan
indicted for perjury and conspiracy
Occupied seat in the rear of the room
The days proceedings were op
ened by Assistant District Attorney
Heney with a motion that Judge
Dunno set aside the acts of superior
Judge Hebbard by which Ruef tool
an appeal to the supreme court of the
United States for the purpose of sus
pending his trial by Judge Dunno
This motion, after nearly two hours
of heated argument by counsel, was
taken under consideration by the
court in fairness to the defendant anC
in order to gain the benefit of an I'M
pending decision from the state su
preme court. Judge Dunno continues
the hearing until 10 o'clock tomorrow
morning.
Ruef's counsel filed an affidavit Q
bias against Judge Dunno, and lar
nounced that tomorrow they would asl
for a change. of trial judges.
The latest development of the da,
came in the United States distric
court, where Ruef, accompanied b
Attorneys Ach and Murphy, came be
fore Judge Dehaven in defense OF HI
application for writ of habeas col
pus. Mr.. Heney and Special Attorne
Johnson were present to oppose tn
issuance of the writ. The court roof
in the postoffice building was crow.
ed with spectators, among them man
of the best known attorneys in tn
city.
Mr.. Heney read the sworn return
w. j. Bigby as court esilor, and ais
a lengthy affidavit sworn to by Hene
himself, detailing the capture of til
indicted boss. He denied that Rue
had been or now was in custody j
violation of the sixth or fourteent
amendments to the federal constit'
ton, and pointed out that before con