Los Angeles herald., 1907-03-19
RUEF'S TRIAL IS
AGAIN POSTPONED
ACTION OF SUPREME COURT
NOW AWAITED
Writ of Error to Come Up In WASH
lnuton Monday-Defense Is
Surprised by Heneys
Latest Move

BY Associated Press.
fSAN FRANCISCO, March 1S.-Upon
the request of the prosecution the trial
OF Abraham Ruef, accused of extortion,
was continued this morning by Judge
Dunno till Tuesday, March 26, in order
to await the action of the United states
supreme court at washington on the
writ of error granted to Ruef by Judge
Hebbard.
THE writ of error will come UP in
Washington next Monday. The defense
was somewhat surprised by the move
made by the prosecution, and readily
consented to a postponement of the
case Counsel for the defendant have
cpntended all along that the writ OF
error granted by Judge Hebbard acted
as a stay of proceedings in Ruefs trial
before Judge Dunno, pending the de-
cision in the United States court.
When court convened this morning
there were present besides Ruef, Mayor
Schmitz and Chief of Police Oman, with
their attorneys. The case against
Dinan and Ruef, in which the two are
Jointly charged with conspiracy, was
continued by consent of both sides till
next Monday morning.
1T was then agreed by the prosecution
and counsel for the defendant that
Mayor Schmitz is to be arraigned and
will plead to the second of the five In
dictments against him before Judge
Dunno tomorrow morning.
Writ Is Refused
1T was on this indictment that the
mayor surrendered himself into Gus
tody and applied to the state supreme
court for a writ of habeas corpus to
test the right of Judge Dunno to try
him. The supreme court refused to-
grant the writ.
with the other cases disposed of,
Assistant District Attorney Heney arose
and requested the court to continue the
trial of Abraham Ruef till next Mon
day morning, pending the hearing be-
fore the supreme court on the writ of
error granted by Judge Hebbard in this
city.
The district attorneys Office, said Mr..
Heney, had prepared and forwarded to
Washington a full transcript of the
record in the case, and the hearing
before the United States supreme court
had been set for next Monday.
s1The prosecution has no faith in the
proposition advanced by counsel for
the Defense" said Heney that the
writ granted by Judge Hebbard acts as
stay of proceedings, and we have
full confidence that the prosecution
will be sustained in it's contention that
we have right to go ahead with the
trial, but we desire to take no chances
whatever, and consider it a point of
wisdom to postpone further proceedings
until the supreme court has disposed of
the writ of error"
Ach Consents
Attorney Ach consented to the con-
tinuances, but suggested that the trial
be postponed until March 26 instead
of the 25th. as the hearing before the
United States supreme court is on the
latter date. Heney was agreeable to
this and Judge Dunno ordered all wit
nesses and jurors to be in court
week from tomorrow. Ruef was taken
hack to the st. Francis hotel by Elisor
Biggy.
In an interview with the Associated
Press representative, Attorney Ach,
representing Ruef, said he believed that
the defense had scored a point, and
considered the action of Heney in re-
duesting a continuance as evidence
that the prosecution was afraid of the
decision of the United States supreme
court, lest it might make null and
void the proceedings before Judge
Dunno and give the defense the op-
portunity to raise the question of ''once
in Jeopardy"
sRuef stated to the Associated Press
that he was ready to go on trial and
declared that no further attempts
would be made by the defense to de-
lay the proceedings.