The Birmingham age-herald., 1907-04-02
ABRAHAM RUFF WANTS FREEDOM Asks Supreme Court to Rid Him
 of HisoT BiggY PETITION IS VERY LENGTHY Complains That He Cannot Even Sleep Except Under the Glare of Lights
 and Watchful Eye of
 an Officer.
PETITION IS VERY LENGTHY

San Francisco, April Lon the eve of his trial for extorting s2S000 from tho French restaurant keepers of this city, which is to begin tomorrow morning be- fore Judge Dunne. in the superior court, court of California to free him from the custody of Elisor Bggy. and order him into the charge of the sheriff. whom Judge Dunne disqualified on the ground of personal interest.
 Ruef, by his ettcrneys, Shortridge. Aeh Farrell & Murphy filed in the higher court an application for writ of habeas corpus, so extensive in arguments and citations of authorities that 1t occupies twenty-one typewritton pages and em- braces sixty-two subdivisions.
 Ruef's Petition.
 Ruef sets up that his imprisonment and curtailment of liberty by Elisor Biggy in the house No 2S49 Fillmore street are illegal; that his case was in court for four months prior to March 1, and that on that date, being indisposed, he con- eluded to visit the frocadero, a suburban resort and there to recuperate. believing on the advces of his counsel, that his presence In court was not required, ow- ing to an appeal being taken b. him to ths supreme court of the United States by means of writ of error granted by Superior Judge Hebbard that he was there arrested without legal rgEt; that he has applied to Judge Dunne for ad- tAaff t. L..4I
 Is 42 years of age, has lived In San Fran cisco all his life: has been engaged in the practice of law for twenty years and has large business interests at stake; that he is constantly and minutely watched by eight private guards and the court elisor all of them bearing firearms. all of them employed by Rudolph SprckIes. Francis J. Heney aud William | Burr a. q all of -hen paid out of a private rund Of $iGoeo0 raised and guaranteed by Spreclkles; that his indictment by the grand jury was instigated and caused by Spreckles and Heney; that Spreckies, Heney and Judge Dunne are his enemies: that the espionage maintained over him by his guards it is impossible for him to have privacy even in conversation with ms attorneys. except by whispering; that lie has complained to Judge Dunne. through his counsel and been refused
 
 witnesses in his defense are rot permitted to visi. and converse with him in the preparation of his defense; that he is compelled to sleep in bed chamber oc- eupied by guards and wherein lights arc kept burning all night: that he is prac- tcally in state of solitary confinement not even his attorneys being allowed to Vlsit him except at the discretion of the elisor; that he is being punished, humil- lated before fri1l m ha erly prepare his defense under existing conditions of confinement tha. all this IS being done for the express purpose of hindering and hampering himself and his counsel in the preparation of hls defense: that he Is not held by lawful authority: that he is held 'ithout bail on the ground that his trial has begun under section 1129 Of the penal code, which is unconstitl- tonal and in violation of the fifth and eighth amendments to the constitution of the United States and of section of article l of the constitution of California referring to bail and to cruel and un usual punishment; that he is being cruelty and unusually punished
 Asks for Discharge.
 He asks to be discharged from inc cus- tody of the elisor on reasonable bail and to be then ordered into custody of tha sheriff and that pending airing of inc petition, an order of court be made direct ing the elisor to permit any one person at time to visit and talk to him with in reasonable hours and to permit any person to visit him upon written orders Of his attorneys and permit him to con- suit freely and openly with his attor- neys outside of the hearing of Elisor Big gy and his guards.
 The supreme court took no action on the appeal of today not even issuing an alternative writ.
 John T. Earl owner of the Los Angeles Evening Press. and Dr. John Haynes. president of the civil service commission of Los Angeles, and the direct legisla- ton league of California, were among those who presented themselves today be- fore the grand jury. Both had been sub poenaed without the Knowledge of As- sstant District Attorney Heney, accord ing to statement by the prosecution. and Dr. Haynes had been subsequently excused by wire. but the telegram did not reach him. MT. Earl and Dr. Haynes came early in the day to the office of MT. Heney and had q private interview with him. At it's conclusion, Dr. Haynes was excused from attendance in the grand jury and MT Earl was requested to re- main and testify inasmuch as he was director of the Western Trust company the Los Angeles corporation which was organized for the purpose of underwriting the bonds of the Home Telephone company af .,