New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-12
RUEF"S PLEAS FAIL.
DUNE HOLDS HEARING.
Croocds at Court HOuse-Schmitz' S
Case Set for To-day.

San Francisco, March 11-Judge De Haven
refused to-day TO grant Abraham Ruef a writ Of
habeas corpus. and also refused to give him an
appeal 10 the United States Circuit Court of APP
peals
The State Supreme Court denied Ruef's appii-
cation for writ Of prohibition to prevent Judge
Dunno from proceeding with the trial, pending
the disposition of the writ of error granted by
Judge Hebbard, The decision of the court fol-
lows:
We are satisfied that the writ Of error. II II
was properly granted, does not operate stay
OF proceedings in the court having jurisdiction
over the indictment, The petition is denied
An immense crowd surrounded the Temple
when the Schmitz-Ruef proceedings, before
Judge Dunno. were opened The corridors and
courtroom were iammed. and only those in au-
thorty were able TO force a way through the
crowd. Mayor Schmitz admitted through
a side entrance and Ruef was forced through in
football fashion by the stalWart form OF Elisor
Bggy. I'm whose custody he still remains.
Ruec appeared with all Of his attorneys. ex-
cept Samuel NJ Shortridge who was ordered 10
Jail Friday by Judge Dunno for contempt,
and who is now at liberty his recognizance
by virtue of appeal TO the District Court of
Appeals. Ruef took seat near tee counsel
table. BY him sat Mayor Schmitz, who was
accompanied by his special deputy. J. c. Camp
he'll. Francis ]. Heney, Assistant District At
torney appeared for the people.
Mr.. Heney moved that the court quash the
order made by Judge Hebbard in the Superior
Court. by which Ruef's original $4,000 bail was
released. He grounded his action the ale
cations that Ruef never was actually in con-
fnement; that his petition TO Judge Hebbard
for release on habeas corpus was not bona fide;
that a court cannot reverse itself in a habeas
corpus decision, and that the action of Judge
Hebbard in granting the appeal the United
States court. by which Ruef claimed a stay of
proceedings against him in the Superior Court.
was improvident and improper and for the pur-
pose of hinderins the due administration OF
justice.
Mr.. Ach, chief counsel for Ruef, opposed
Heneys motion. asserting that under the con-
stitution of California a writ of habeas corpus
is granted not by the court, but by the judge.
in his discretion. and is absolutely final and
may not under any circumstances be set aside
by another judge OF a coordinate court. and
objected on the further ground that. pending
the determination of Ruef's appeal TO the Su-
preme Court of the United States the Superior
Court was wholly without Jurisdiction
In my opinion, said Judge Dunno "the pro-
ceedings in Department Judge Hebbard's)
of the Superior Court were had by means Of
trckery and deceit and were in their entirety a
fraud l believe that the court had no jurisdic-
ton in this habeas corpus application, but if it
did have jurisdiction Judge Hebbard's action
in refusing the writ Of habeas corpus and re-
manding Ruef. and then granting by writ OF
error an appeal to the highest court in the
land, with the obvious intent OF restraining
judge of concurrent jurisdiction from legal pro-
cedure in the same case, does not operate as a
sdpersedeas barring this court from proceeding
in the case
Messrs. Heney and Ach engaged in long
debate on the law appertainlng to the formers
motion to set aside Judge Hebbard's act.
Judge Dunno brought the argument to a close
by remarking:
"As no hardship can be worked by deferring
this hearing until the Supreme Court is heard
from. will take under consideration the motion
To set aside the order made in Department 1
and will adjourn the present proceedings until
tomorrow morninE."
The court remanded Ruef to the custody of
Elisor Biggy until that time
The case of Mayor SchmitZ. indicted with Ruef
for eXtortion on five counts. was called at once.
Counsel announced that the defendant was
ready. but demanded a separate trial Mayor
SchmitZ expressed mis- readiness to go to trial
tomorrow morning, and Judge Dunno set the
case for Tomorrow at 10 o'clock
The cases against Chief of Police Dinan ac-
cused of perjury, and against Ruef and Dnan,
accused % conspiracy, were continued to
March 10.