The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-14
TRIAL OF RUFF
BEGUN At LAST
Names of Four Talesmen
Drawn From Jury Box, Then
Recess of 4 Days Taken.
BIGGY REMAINS ON WATCH
DEVELOPMENTS OF THE DAY IN
COURT.

San Francisco. March ls.--After the
names of four taiesmen had been drawn
from the jury box. the trial of Abraham
Ruef on the grand jury charge Of ex-
Iorting money frfom French restaurant
keepers was today continued in Judge
Dunnes court until Monday morning.
Counsel for Ruef objected to the drawing
of any further names during the absence
from court of Juryman Dumbren, who
has been temporarily excused and Judge
Dunno thought 1t well, as an adjournment
for at least one day was insisted on, TO
take a recess until the state supreme
court reIders its decision in RuefS ap-
plication for release on habaes corpus. 1t
was at the suggestion of Assistant Dis
trict Attorney Heney that the four days
suspension of the trial was finally order
ed.
Fruitiess Attempt.
The feature of todays session. aside
from the fact that the actual trial of the
indicted boss was begun by the calling of
taiesmen. was the determined and spirit
ed attempt Of Ruefs lawyers to induce
Judge Dunno TO confess himself biased
ana pTejudiced against the defendant and
TO grant y change of trial judges. This
attempt, opposed vehemently By Mr.,
Heney. failed at every point In contra
VentiOn of the affiaavits of bias and pre-
JUDGE filed by the defense, the proseeu-
ton filed affidaVits of denial. among
them one by Judge Dunno himself and
another Dy Heney, ana ~ was Dy OBJECT
ing to the weighing o. these charges and
counter charges by Judge Dunno that the
defense opened It's legal battle rbr his re
placement on the bench. They cOntended
that under 2 provision of the civil code
a trial judge is not a 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 eff
fort 20 save Ruef from trial before a
Judge who, he declares. will treat him
unfairly, quoted the civil code - bestOw-
ing upon Judge Dunno the very power
disputed by the defense and bestowing II
upon him. as trial judge. exclusively. At
ter more than an hour had been spent in
a debate that was lively throughout and
at times decidedly acrimonious. Judge
Dunno ruled against the motion for
change of venue and ordered the case 20
proceed.
Ruef in Bieey's Charge.
Just before the court was adjourned
Heney asked that the disqualification Of
the sheriff annd coroner and the continu-
ance. Of the elisor be ordered and that
Ruef be remanded to the custody of the
elisor for SC long as the trial shall
last This motion was bitterly attacke1
by Attorney Ach. who denounced it as
''tyrannical and arbitrary" and fresh
battle. participated in by counsel and the
court, was at once under way. During
its course Judge Dunno reminded Mr.. Aeh
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 max
ing the order that Heney had asked for
This means that Ruef unless freed by
the higher court. must remain a closely
watched and carefully guarded prisoner
in the hands OF Elisor Buggy, Detective
Burns and their deputies for at least
three or four weeks Heney having in
timated that I viii take that long to
try him.
The case against Mayor Schmitz, which
is similar 10 that against Ruef, was set
over to April S.