The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-02

RUEF'S LAST CARD
San Francisco Boss Attempts to
Get Free From ElisOr.
Tells the Court He Is Illegally
Deprived of Liberty.
HABEAS CORPUS ASKED
Wants to BE Placed In Custody
of Sheriff.
Trial on Doodle Charges Begins
Tt day.
HABEAS CORPUS ASKED

San Francisco, April 2.-On the eve
of his trial on the charge of extorting
$4,000 from French restaurant keep
ers of this city, which was begun this
morning before Judge Dunno in the
| superior court. Abraham Ruef asked
the supreme court of California to free
him from the custody of Elisor Buggy
and order him into the charge of the
sheriff whom Judge Dunno disqualified
on the ground of personal interest.
Ruef. by his attorneys. Messrs. Short
ridge, Ach, Fairall, and Murphy, filed
in the higher court an application for
writ of habeas corpus so extensive
in allegations, arguments and citations
of authorities that it occupies twenty
one typewriter pages. and embraces
sixty-two subdivisions.
Ruef sets up that his imprisonment
detention and curtailment of liberty
by Elisor Buggy in the house at No.
2S49 Fillmore street are illegal; that
his case was in court for four months
prior to March 4; and that on that
date. being indisposed, he concluded
to visit the Trocadero, a suburban re-
sort, and there recuperate, believing,
on the advice of his counsel, that his
presence in court was not required ow-
ing to an appeal taken by him to the
supreme court by means of a writ of
error granted by Superior Judge Heb
bard; that he was there arrested with
out legal right; that he has applied to
Judge Dunno for admittance to bail
and been refused; that he is AZ years
of age; has lived in San Francisco all
his life; has been engaged in the prac-
tice of the law for twenty years, and
has large business interests at stake;
that he is constantly and infinitely
watched by eight private guards and
the court elisor. all of them bearing
firearms, all of them employed by Ru-
nj INV a0Ir al Nr-<,,, 1T.
VIM. J. Burns, and all of them paid out
of private fund of 100000 raised
and guaranteed by Spreckels; that his
Indictment by the grand jury was in
stigated and caused by Spreckels, Hen
ey and Burns; that Spreckels Heney
and Judge Dunno are his political en-
emies; that so strict is the espionage
maintained over him by his guards that
1t is impossible for him to have pri-
vacy even in conversation with his at
torneys, except by whispering softly;
that he has complained to Judge
Dunno, through his counsel and been
refused more liberty; that persons who
are to be witnesses in his defense are
not permitted to visit and converse
with him in the preparation of his de-
tense; that he is compelled to sleep in
a bed chamber occupied by guards and
wherein lights are kept burning all
night; that he is practically in d state
of solitary confinement, not even his
being allowed to visit him
except at the discretion of the elisor;
that he is being punished imprisoned
and Inundated before trial, and that
he can not properly prepare his de-
Tense under existing conditions of con-
fnement; that all this is being done
for the express purpose of hindering
and hampering himself and his counsel
in the preparation of his defense; that
he is not held by lawful liberties;
that he is held without bail on the |
ground that his trial has begun under |
l.
Is unconstitutional and violative of the |
fifth and eighth amendments to the |
constitution of the United States, and |
Of section of article 1 of the constitu- |
ton of California referring to bail and |
to cruel and unusual punishment; that |
he Is being cruelty and unusually pun
shed. He asks to be discharged from |
the custody of the elisor on reasonable |
bail. and to be then ordered into the
of the sheriff, and that pend
ng the hearing of this petition an
order of the court be made directing
he elisor to permit any one person at |
4 time to visit and talk to him within
hours, and to permit any
persons to visit him upon written order |
IF his attorneys and to permit him to
freely and openly with his at
orneys outside of the hearing of Elisor
8iggy and his guards.
The supreme court took no action
Upon the application today, not even
ssuing an alternative writ. Edwin T.
Earl. owner or the Los Angeles Even
ng Express, and DR.. John r. Haynes
president of the civil service commits
ion of Los Angeles and of the Direct
legislation league of California, were
lmong those who presented themselves
oday for Interrogation by the grand
ury. Both had been subpoenaed with
,ut the knowledge of Assistant District
Attorney Honey, according to a state
nent by the prosecution, and DR.
Haynes had been subsequently ex-
used by wire but the telegram did not
each him Mr.. Earl and Dr. Haynes
anne early in the day to the office of
dr. Heney and had a private interview
With him. At its conclusion DR.. Haynes
vas excused from attendance on the
rand jury and Earl was requested to
enain and testify. inasmuch as he was
director of the Western Trust com
ANY. the Los Angeles corporation
Which was organized for the purpose
f underwriting the bonds of the Home
telephone company of San Francisco.
1r. Heney said:
81 excused Mr. Haynes because 1
vas satisfied he knew nothing what
ver of the affairs under investigation.