The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-14
RUFF STILL HELD
GUARDED PRISONER
Trial of Alleged CRATER and
Politician TO Resume
Next Monday.
HIS ATTORNEYS UNABLE TO
SECURE FURTHER DELAY
Court Denies Motion for An
other Judge Because of
Alleged Bias.

SAN FRANCISCO, March l3.-Aft-
er 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 restau-
rant keepers was today continued in
Judge Dunne's court until Monday
morning Counsel for Ruef objected to
the drawing of any further names dur
ing the absence from court of Juryman
Dumbrell, who has been temporarily ex-
cused, and Judge Dunno thought it well,
as an adjournment for at least one day
was insisted on, to take recess until
the State Supreme Court renders its
decision in Ruef's application for re-
lease on habeas corpus. 1t was at the
ney Heney that the four days suspeu-
sion 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 call
ing OF talesmen was the determined and
spirited attempt of Rucf's lawyers to
induce Judge Dunno to confess himself
biased and Prejudiced against the de-
fendant, and to grant change of trial
mently by Mr.. Heney, failed at every
point.
Prosecution Denies Bias.
In contravention of the affidavits of
bias and prejudice filed by the defense,
the prosecution filed affidavlts of denial.
among them one of Judge Dunno him
self and another by Heney. and it was
by obJecting to the weighing of these
charges and countercharges by Judge
Dunno that the defense opened its bat.
tie for his replacement on the bench
They contended that under provision
or the civil code trial Judge is not
a proper person to pass upon the ulti-
mate question Of fact raised, but should
call IN the Judge of another court and
10 him submit the decision as to wheth-
er 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 Linn
unfairly, quoted the civil code as he
slowing upon Judge Dunno the very
power disputed By the defense and be
slowing ii upon his, is trial Judge, ex-
clusively. After more than an hour
had been spent in debate that was
lively throughout and al times decidedly
acrimonious, Judge Dunno ruled against
the motion for change of venue and
ordered the case 10 proceed
Ruef Held n Custody.
Just before court was adjourned Hem
ey asked that the disqualification of the
Sheriff and Coroner and the continu.
ance Of the elisor he ordered and that
Ruef be rcmanded TO the custody OF
the elisor for so long as the trial shall
last. This motion was bitterly at
tackled by Attorney Ach, who de-
nounced it rs "tyrannical and arbi.
trarv.' and a fresh battle. participated
in by counsel and the court, was at
once under way. During its course
Judge Dunno reminded Mr.. Ach that
he had no confidence in either the
Sheriff or Coroner as fit persons to have
the custody of the prisoner, and he
brought the discussion TO close by
making the order that Heney had
asked for.
This means that Ruef. unless freed
by a higher court must remain a closely
watched and carefully guarded prisoner
in the hands of E.iisor Biggy. Detec.
tive Burns and their deputies for at
least three or more weeks, Heuey bay-
ing iutimated that it will take that long
To try him.
The case against Mayor Schmtz
which is similar TO that against Ruef,
was set over TO April s