Los Angeles herald., 1907-03-08
Political Leader in
Hiding Say the
Officials
Mayor Schmitz Tells the
Court That He Is
Innocent
Next Monday Designated az the Date
for Trial to Be Set-Attor-
neys Make State
ments
N@~~@~~~~0@4 . . ~~~~~

- y y v y - y " " " v
O BY Associated Press. o.
@ STOCKTON, March IA special <3
8 to the Mail from Byron states that @
o man who several persons de- @
@ cIared to be Abe Ruef was seen to @
@ get off the train from San Fran @
@ cisco this morning at that town @
@ and take the bus for Byron .
| @ Springs. At the hotel at the @
| @ springs, however, 1t was stated @
@ that no one had registered under @
@ the name of Ruef. o.
@@%%@ o o @ % @ @ 9 o @ 5000
BY Associated Press.
SAN FRANCISCO, March 7.-Mayor
Eugene E. Schmitz appeared before
Superior Judge Dunno today and plead
ed not guilty to four indictments charg-
ing him with extortion.
By agreement of counsel next Mon
day was designated as the time when
a date for his trial will be set. Sue
cess was with the prosecution at al
most every turn in today's develop
ments in the auef extortion case.
| The most notable instance was in
the district court of appeals, where
Justices Cooper, Hall and Kerrigan de-
MED Ruef's application for writ of
prohibition to restrain Judge Dunno
from any further proceedings against
Ruef in the superior court pending the
determination Of the accused mans ap-
peal to the United States supreme court
for permanent writ of error, the eff
Foot r1f trRta f..I k<N
summarily postpone the entire prosecu-
| ton.
| While the attorneys for Ruef-who
is still in hiding, supposedly in or near
| San Francisco-were hopefully awaiting
the decision of the appeal court Judge
Dunno proceeded with the two cases
of perjury and conspiracy against Ruef
and Chief of Police Dinan.
Won't Stand for Delay
| He was obdurate to the endeavors
of Attorney Shortridge to win delay
for Ruef. Motions to strike the case
from the files and to set aside the in
dictments were denied. To escape the
imminent necessity of pleading at once
Ruef's counsel entered a demurrer,
which had been previously prepared to
meet this emergency should it arise.
Arguments on this were set for tomor-
row morning.
Coroner Walsh, delegated In Sheriff
ONeils stead to apprehend Ruef, after
the court had declared the sheriff in
competent, reported his failure and was
given until tomorrow morning to make
good. Failing then, Judge Dunno will
probably appoint an elisor to bring the
fugitive into court.
Shortly before 8 o'clock this evening
counsel for Ruef made application to
the state supreme court for identically
III LII
earlier in the day by the district court
of appeals.
Pending the determination of this
move 1t is the purpose of Judge Dunno
to go right ahead with the case; and
1t is the Intention of counsel for the
defense not to produce Ruef in Judge
Dunne's court while the matter thus
stands. Samuel M. Shortridge said to-
night:
Attorney Is Defiant
1--WE shall not produce our client be-
cause we recognize no legal require
ment so to do. We look upon all of
the present proceedings before Judge
Dunno as null and void and of no ulti-
mate effect whatever. We deny that
he has jurisdiction in the case. We
claim that when the clerk of the circuit
court of appeals, as the representative
here of the United States supreme
court, allowed the filing of our appeal
to the highest court In the land that
act became of itself a complete bar to
the trial of Ruef in lower court dur
ing the pendency Of the appeal
"Hence Ruef is not a fugitive from
justice and is under no legal obligation
to present himself for trial before Judge
Dunne."
The district court of appeals handed
down no written decision in refusing
Ruefs application for writ Of prohibi-
tion, but after the denial had been en-
tered Justices Cooper Hall and Kerri-
gan made the following statement to
the Associated Press:
1--WE have denied the application be-
cause the writ of error did not lay in
Judge Hebbard's court and because
there was no ground for debate"
Heney Isn't Worried
Assistant District Attorney Heney,
interpreting this statement, said:
This means that in the opinion of
the appeal court no federal question
was involved; that hence the writ OF
error on which appeal has ben taken
to the supreme court at Washington
should not have been granted by Judge
Hebbard (of the superior court), and
that therefore the appeal court could
not restrain Judge Dunno from pro-
ceeding with the trial OF Ruef
I'VE are not greatly exercised about
the disappearance of Abe Ruef," con-
tinued Heney, laughingly. Hes not
bring him into court at 10 O'clock to-
court to appoint an elisor-not Mr..
\