Los Angeles herald., 1907-03-12
Courts Decide That
Ruef Must Stand
Trial
Application for Writ of
Prohibition Is
Denied
Mayor Schmitz Demands a Separate
Hearing on Extortion Charges.
Further Developments
Expected Today
BY Associated Press.

BY Associated Press.
SAN FRANCISCO, March 11.-This
was the most eventful and, for the
defense, the most disastrous day thus
far in the prosecution of alleged NUM-
cipal graft in San Francisco.
Its conclusion found the chief figure
against whom the efforts Of the dis
trict attorneys office are directed
Abraham Ruef-nearer by far than he
ever before had been to actual trial
In department 6 of the superior court,
to delay which his attorneys have been
drawing upon all their resources and
bending all their energies Among the
day full of strenuous action and
direct results the following were chief:
The supreme court of California de-
MED Ruef's application for a writ of
prohibition to restrain Judge Dunno
from proceeding to try him on the
grand jury extortion indictments in the
superior court; Judge De Haven in the
United States district court refused
Ruef's petition for a writ of habeas
corpus, having in view practically the
same end, and denied Ruef the right
to appeal from this decision.
Separate Trial for Mayor
Mayor Schmitz demanded separate
trial ao' his case was set for hearing
tomorrow, but to follow the trial of
Ruef.
In charge of Elisor Biggy Ruef re-
ported at 10 o'clock in Judge Dunnes
department of the superior court,
s,,,,,,
bled, their interest aroused to a great
pitch by the prospect of seeing the
indicted political boss actually brought
to the bar in custody.
1t was Ruef's first appearance in
public since he was declared by Judge
Dunno to be a fugitive from justice,
and since his capture at Trocadero by
the court elfSor, Detective Burns ana
their deputies.
Ruef was brought by automobile
from his prison chamber in the St.
Francis hotel and the officers having
charge of him had to literally fight
a passageway through the dense crowd
that packed the corridors leading to
the court room in Temple Israel at
California and Webster streets.
Seated near Ruef when court opened
was Mayor Schmitz, indicted by the
grand jury on five counts of extortion,
Identical with those brought by that
body against Ruef. Chief of Police
Dinan, indicted for perjury and con-
spiracy, occupied seat in the rear of
the room.
Heney Loses No Time
The days proceedings were opened by
Assistant District Attorney Heney with
a motion that Judge Dunno set aside
the acts of Superior Judge Hebbard by
which Ruef took an appeal to the SUI
H. TT,,4A 30 No.
the purpose of suspending his trial by
Judge Dunno.
This motion, after nearly two hours
of heated argument by counsel, was
taken under consideration by the court
in fairness to the defendant, and in
order to gain the benefit of an impend-
ing decision from the state supreme
court Judge Dunno continued the hear
ing until 10 o'clock tomorrow morning.
Ruefs counsel filed an affidavit Of
bias against Judge Dunno, and an
nounced that tomorrow they will ask
for a change of trial judges.
The latest development of the day
came in the United States district
court, where Ruef, accompanied by
Attorneys Ach and Murphy, came be-
fore Judge De Haven in defense of his
application for writ of habeas corpus.
Mr.. Heney and Special Prosecutor
Hiram Johnson were present to oppose
the issuance of the writ. The court
room in the postofflce building was
crowded with spectators, among them
being many of the best known attor-
neys in the city.
Heney Stands Pat
Mr.. Heney read the sworn return OF
w. ]. Biggy as court elisor, and also u
lengthy affidavit sworn to by Heney
himself detailing the capture of the
indicted boss.
He denied that Ruef had been or was
now In custody in violation of the fifth
or fourteenth amendments to the fed
eral constitution, and pointed out that
before coming into the United States
district court for habeas corpus he had
failed to exhaust the state courts. not
having applied for relief to either the
district court of appeals or the supreme
court
Heney maintained that in granting
the writ of error by which Ruef APP
pealed to the supreme court of the
United States Superior Judge Hebbard
acted without jurisdiction-an asser-
tion which, he remarked, was we'll sus-
tained by the fact that both the district
court of appeal and the state supreme
court have denied Ruefs application
for a writ of prohibition to prevent SUI
perior Judge Dunno from going ahead
with his trial while the determination
OF that appeal Is pending.
Heney denounced the surrender or
Ruef by his bondsmen as prearranged
scheme for the purpose on Ruefs part
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