The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-04-02
PETITIONS SUPREME COURT
No Action Taken on Application Trial
Will Begin Today.

San Francisco, April 1.-On the eve
of his trial on the charge OF extortion
of S28,000 from the French restau-
rant keepers of this city, which is to
be begun tomorrow morning before
Judge Dunno in the superior court,
Abraham Ruef today asked the SUI
preme court Of California to free him
from the custody Of Elisor Biggy and
order him into the charge OF the
sheriff, whom Judge Dunno disquali-
fed.
Ruef and his attorneys, Messrs
Shortridge, Ach, Farrell and Murphy,
filed in the higher court an applica.
tion for writ OF habeas corpus SO ex-
tensive in allegations, arguments
and the citation Of authorities that it
occupies 81 typewriter pages and
embraces Sc subdivisions.
Ruef sets up that his imprisonment,
detention and curtailment of liberty
Fillmore street, are illegal; that his
case was in court for four months
prior to March A. and that on that
date, being indisposed, he concluded
to visit the Trocadero, suburban re-
sort, and there recuperate, believing.
on the advice OF his counsel. that his
presence in court was not required,
owing to an appeal taken by him to
the supreme court Of the United
States, by means of writ Of error
granted by Superior Judge Eebbard;
that he was there arrested without le-
gal right; that he has applied to
Judge Dunno for admittance to bail
and been refused; that he is 40 years
old and has lived in San Francisco
all his life; has been engaged in the
practice Of law for 20 years, and
has large business interests at stake;
that he is constantly and minutely
watched by eight private guards and
the court elisor, all of them bearing
firearms, all Of them employed by
Rudolph Spreckles, Francis ]. Heney
and William j. Burns. and all OF
them paid out of a private fund of
100000 raised and guaranteed by
Spreckles; that his indictment by the
grand jury was instigated and caused
by Spreckles, Heney and Burns; that
Spreckles, Heney and Judge Dunno
are his political enemies; that so
strict is the espionage maintained
over him by his guards, that it is
impossible for him to have privacy,
even in conversation with his attor-
news, except by whispering softly;
that he has complained to Judge
Dunno, through his counsel, and been
refused more liberty; that persons
who are to be witnesses in his de
fense are not permitted to visit and
converse with him in the preparation
Of his defense; that he is compelled
to sleep in bed chamber occupied
ty guards and wherein lights are
kept burning all night; that he is prac
tically in state of solitary confine
ment, not even his attorneys being
allowed to visit him, except at the
discretion of the elisor; that he il
being punished, imprisoned and hu
inflated before trial and that he can
not properly prepare his defense TN
der existing conditions of confine
nent; that all this is being done TO
tie express purpose of hindering ant
hampering himself and his counsel il
the preparation of his defense; tha
he is not held by lawful authority
that he is without bail on the groun,
that his trial has begun, under section
1929 of the penal code, which Is un
constitutional and violative Of tn
fifth and eighth amendments to tn
constitution Of the United Staes an
of Section 6 of Article of the const
tuition of California referring to bal
and to cruel and unusual punishment
that he is being cruelty and UNUSUAL
punished. He asks to be discharge
from the custody Of the e1isor on res
sonab1e bail, and to be then ordere
into the custody of the sheriff, an
that, pending the hearing of this pet
tion, an order Of the court be mad