New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-02
RUFF TRIES NEW TACK
WOULD ESCAPE ELTSOR.
asks Court to Put Him IN Charge
of Sheriff.

San Francisco, April abraham Ruef. on
the eve Of his trial on the charge Of extorting
$4,000 from French restaurant keepers. to-day
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 filed an application for writ OF habeas
corpus so extensive that II occupies twenty-one
typewritten pages and embraces sxty-two sub
divisions. He sets up that his Imprisonment by
Ellison Buggy in the former home Of Mayor
Schmitz, at No. 2S49 Fillmore street. is Illegal;
that his was in court for four gnonths
before March 4, and that on that date, being
indisposed, he decided to visit the Trocadero,
suburban resort, and there recuperate, belieV-
ing. on the advice of his counsel, that his pres
ence in court was not required owing to an
appeal taken by him to the Supreme Court of
the United States by means Of a writ OF error
granted by Superior Judge Hebbard; that ne
was there arrested without legal right; that he
has applied to Judge Dunno for admittance to
bail and this has been refused.
He says that he is forty-two years Of age
has lived in San Francisco all his life. has been
engaged In the practice 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 Rudolph Spreckels. Francis ]. Heney and
William j. Burns. and all OF them paid out OF a
private fund Of 100000 guaranteed by
Spreckels: that his indictment by tho grand
jury was caused by Spreckels Heney and
Burns; that spreckels. Heney and Judge Dunno
are his enemies; that so strict is the espionage
maintained him by his guards that It is
impossible for him to have privacy even in
conversation with his attorneys. except by
whispering softly. and that he cannot properly
prepare his defence under existing conditions Of
confinement: that all this Is being done for the
express purpose OF hindering and hampeging
himself and his counsel IN the preparation OF
his defence.
Ruef charges that he is not held by lawful
authority; he says that he is held without bail
on the ground that his trial has begun under
Section 1.129 OF the Penal Code which IS IN
constitutional. He asks 70 be discharged from
the custody OF the ellsor on reasonable ball. and
then to be ordered into the custody OF the
Sheriff. and that, pending the hearing Of this
petition. order of the court be made direct
ing the elisor TO permit any ono person at a
time to visit and talk 20 him within reasonable
hours, and 70 permit any person 70 visit him
upon written order OF his attorneys, and to per-
nit him 20 consult freely and openly with his
attorneys outside OF the hearing OF Ellsor Buggy
and his guards
The Supreme Court took no action on the
application.
Edwin T. Earl. owner Of THE Los Angeles
Express" and director OF the Home Telephone
Company, testified before the grand jury to-day.
Il asked Mr.. Earl to appear before the Jury
to-day" Mr.. Heney said. because I thought
he might be able to enlghten the jury GER
tain Home Telephone Company matters.
afterward learned that Mr.. Earl had no knowl-
edge at all of wrongdoing In connection with
| the Western Trust Company the Home COM
pany. He answered readily questions put to
him, but he could add nothing to the investiga-
tion because he knew nothing"
Mr.. Burns special government agent to-day
announced the receipt OF a cable dispatch stat
ing that Theodore V. Halsey, indicted on ten
counts for the alleged bribing of supervisors in
behalf of the Pacific States Telephone Company.
viii start for San Francisco from Manila on
April .. Mr.. Heney told newspaper men that he
had zone Of the notebooks OF Halsey's former
stenographer and typewritten transcript Of its
contents" He would not give any information
as TO their Importance 20 the prosecution.