The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-08
RUEF DODGING
THE OFFICERS
accused Man Apparently Not
Anxious to Prove His Inno-
cence to the World.
! awYERS ARE DESPERATE
..umITz IN COURT AND PLEADS
NOT GUILTY.

-. francisco. March Mayor Eugene
e.smitz appeared before Superior
- punne today and pleaded not gull
49, saur indictments charging him with
V..,,ion. BY agreement of counsel next
ss-.ssv was designated as the time when
s.,e for his trial viii be set. Success
- with the prosecution at almost every
-. n today's developments in the Ruef
.-..rtson case. The most notable instance
m the district court or appeals, where
T..-+;ces Cooper. Hall and Kerrigan denied
s-aes application for a writ of prohibit
49,, n restrain Judge Dunno from any
s.rtber proceedings against Ruef in the
sunsrior court pending the determine
-, If the accused mans appeal to the
W. ss,a n states supreme court for a per-
...sns1t writ of error the effect of which,
~ egranted. would be to summariiy post
none the entire prosecution
judge Dunno Determined.
while the attorneys for Ruef-who is
eli in hiding, supposedly In or near San
ranriseo-were hopefully awaiting the
sacision Of the appeal court, Judge Dunno
proceeded with the two cases OF perjury
md conspiracy against Ruef and Chief
- Police Oman. He was obdurate to the
endeavors of Attorney Shortridge to win
Sslav for Ruef. Motions to strike the
'.oss from the files and to set aside the
sndictments were denied; and TO escape
The imminent necessity Of pleading at
80 Ruef's counsel entered a demurrer
ehicb had been previously prepared to
meet This emergency should il arise. Ar
euments on this were set for tomorrow
Soroner Walsh. delegated in Sheriff
ONeiIPs stead to apprehend Ruef. after
the court had declared the sheriff incom-
netent. reported his failure and was given
until tomorrow morning to make good.
FAILING then. Judge Dunno will probably
appoint an elisOr TO bring the fugitive
into court.
counsel for Ruef made application to the
state supreme court for identically the
same writ Of prohibition refused earlier
In the day by the district court of appeals.
Pending the determination OF this move.
il Is the purpose of Judge Dunno to go
right ahead with the case and Ii Is the
Intention Of counsel for the defense not
10 produce Ruef in Judge DUNES court
while the matter thus stands. Samuel NJ.
Shortridge said tonight;
Statement of the Defense.
We shall not produce our client. be-
cause We recognize no legal requirements
So TO do We look upon all of the pres
ent proceedings before Judge Dunno as
null and void and of no ultimate effect
Whatever We ANllg Atiat ~ Aloo J01Ao
eiction in the case. We claim that when
the clerk Of the circuit court of appeals.
as the representative here of the United
States supreme court. allowed the filing
of our appeal TO the highest court In the
land that act became Of itself COM
plete bar TO the trial Of Ruef in lower
court during the tendency of the appeal
Hence Ruef is not fugitive from justice.
and is under no legal obligation to pre-
sent himself for trial before Judge
Danae."
The district court of appeals handed
down no written appeal in refusing Ruef s
application for writ Of prohibition, but
after the denial had been entered, JUS
tees Cooper. Hall and Kerrigan made the
following statement to the Associated
Press:
We have denied the application be-
esuss the writ of error did not lie in
Judge Richards court and because there
was no groand for debate"
Opinion of the Prosecution.
Assistant District Attorney Heney in
terpreting this statement. said:
This means that in the opinion of the
appeal court no federal question was in
viewed, that hence the writ of error on
which appeal has been taken TO the su-
preme court at Washington should not
have been granted by Judge Hebbard (of
thf superior COURT. and that therefore the
appeal court could not restrain Judge
Dune from proceeding with the trial OF
Ruef
We are not greatly exercised about the
disappearance of Abe Ruef," continued
Heney. laughingy. Hes not far away.
And If the coroner does not bring him
mo court at 10 o'clock tomorrow morn
ing I snail request the court to appoint
an eiisor-not Mr.. Burns. but some citi-
zen who is not a partisan. and yet a
nan who will 90 his duty we shall get
Ruet into court.