Los Angeles herald., 1907-03-14
RUFF To REMAIN
BIGGY'5 PRISONER
LATTER WILL GUARD HIM
EVERY MINUTE
Names of Four Talesmen Drawn from
Jury Box-Case Continued Un-
til Next Monday
Morning
BY Associated Press.

BY Associated Press.
SAN FRANCISCO, March 13.-After
the names of four talesmen had been
drawn from the jury box the trial of
Abraham Ruef on the grand Jury
charge of extorting money from French
restaurant keepers was today contin-
ued in Judge Dunne's court until Mon
day morning.
Counsel for Ruef objected to the
drawing of any further names during
the absence from court Of Juryman
Dumbrell, who has been temporarily
excused and Judge Dunno thought it
well, as an adjournment for at least
one day was insisted on to take re-
cess until the state supreme court
renders its decision in Ruef's appli-
cation for release on habeas corpus.
1t was at the suggestion of Assistant
District Attorney Heney that the four
days suspension of the trial was finally
ordered.
The feature of today's session, aside
from the fact that the actual trial of
the indicted boss was begun by the
calling of talesmen, was the deter
mined and spirited attempt of Ruef's
lawyers to induce Judge Dunno to con-
fess himself biased and prejudiced
against the defendant and to grant a
change Of trial judges. This attempt
opposed vehemently by Mr.. Heney,
failed at every point.
Affidavits of Denial
In contravention of the affidavits of
bias and prejudice filed by the de-
tense the prosecution filed affidavits
Of denial, among them one by Judge
Dunno himself and another by Heney,
and it was by objecting to the weigh
ing of these carriages and counter
charges by Judge Dunno that the de-
Tense opened its battle for his replace
ment on the bench.
They contended that under q pro-
vision Of the civil code a trial Judge
is not proper person to pass upon
the ultimate question of fact raised
but should call in the judge Of another
court and to him submit the decision
as to whether he is or Is not possessed
of bias against the defendant.
The prosecution, opposing this last
effort TO save Ruef from trial before
a judge who, he declares, will treat
him unfairly, quoted the civil code as
bestowing upon Judge Dunno the very
power disputed by The defense and be-
slowing 1t upon him, as trial judge
exclusively. After more than an hour
had been spent in debate that was
lively throughout and at times de-
cidedly acrimonious, Judge Dunno
ruled against the motion for a change
of venue and ordered the case to pro-
ceed.
Must Remain a Prisoner
Just before court was adjourned
Heney asked that the disqualification
of the sheriff and coroner and the con-
tinuance Of the elisor be ordered and
that Ruef be remanded to the custody
of the elisor for so long as the trial
shall last.
This motion was bitterly attacked
by Attorney Ach, who denounced 1t
as ''tyrannical and arbitrary" and
fresh battle, participated in by counsel
and the court, was at once under way.
During it's course Judge Dunno re-
minded Mr.. Ach that he had no con-
fldence in either the sheriff or the
coroner as fit persons 20 have the Gus
tody of the prisoner, and he brought
the discussion to a close by making
the order that Heney had asked for.
This means that Ruef, unless freed
by higher court, must remain a close
ly watched and carefully guarded pris-
oner in the hands of Elisor Biggy,
Detective Burns and their deputies for
at least three or more weeks, Heney
having intimated that 1t will take
that long to try him.
The case against Mayor Schmitz,
which is similar to that against Ruef,
was set over to April 8.