The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-10
ORDER TO SHOW
CAUSE GRANTED
Abe Ruef viii Be Produced in
United States Court by
Mr.. Buggy.
KEPT UNDER CLOSE GUARD
ONE MORE HITCH IN REMARK.
ABLE CASE.

San Francisco. March 9.-The defense
in the Ruef case gained a tentative
point at noon today. when Judge De-
haven, in the United States circuit
court, granted an order to show cause
why writ of habeas corpus-for the
release of Ruef from the custody of
the court elisOr. w. J. Biggy-should
not issue. AS this order is made re-
turnable Monday, Ruef will have\to re-
main the prisoner of Buggy until that
time, no provision for bail existing
Under the order of Judge Dunno, Buggy
is to produce Ruef I'm the superior court
at 10 O'Clock Monday for trial. at which
time the prosecution purposes to begin
the work of selecting jury
Until II o'clock today Ruefs attor-
neys were hopeful of a decision from
the state supreme court in the matter
of Ruefs application for a writ of pro-
hibition restraining Judge Dunno from
proceeding with the trial but no order
was made by the supreme court and as
saturday afternoon is half a holiday
the application must go over Until
Monday.
Ruef's Statement.
Abraham Ruef has issued a state
ment. in which he says:
when the case was ended in Judge
Hebbard's court last Monday and by
the writ of error put into the supreme
court of the United States. knowing
that Judge Dunno had no further juris-
diction of the proceedings, I Thought |
would take a rest for three or four
days.
1T never was my intention TO evade
any process of the court or to escape
from the jurisdiction of the court or
leave the city. I never left the city,
do,
My reason for taking the case to the
supreme court of the United States
was that 1 had been advised that Judge
Dunno had practically contracted to
pack jury in the case which was to
be heard before him.
Il am willing to be tried upon this in
famous charge, of which | am not
guilty, but l want a fair judge and a
fair jury. l do not propose, if it is
possible to avoid it. to go up against
stuck jury and prejudiced Judge"
Guarded by 6iesy.
Guarded by Eliser Biggy and four
deputies, Ruef is ,auartered in COM
Portable bedchamber at the st. Francis
hotel A telephone connects him with
the outside world. and he spends a
large portion of the time using it. an
swering calls, replying TO messages of
u
ing orders 10 his lieutenants To re-
lieve the monotony of his quarters he is
allowed to step outside into a hallway
as often as he wishes, but there are
constantly two deputies at his elbows.
While l have no desire to impose
any undue hardship upon Ruef," said
MIR. Biggy, the court has made him
my prisoner and it is up to me to see
that he is safe in my hands when the
time comes to produce him i'm court.
unless, of course, a higher court has i'm
the meantime released him on habeas
corpus
Biggy had breakfast brought to Ruef
in his room; for the luncheon and din
ner the indicted boss was escorted by
deputies to the main dining room.
where his appearance in charge creates
a stir among the guests.
Claims He Was Not Hiding.
Mr.. Buggy and Mr. Burns and the
train, altogether, forestalled me-" said
Ruef to an Associated Press repre-
sentative this morning. I'VE had it
framed up yesterday to charter a
launch at the Cliff House, walk two
miles across the sand dunes from Tro-
caderO, go aboard, hoist a flag and sail
up to the city in state-just TO an
nounce to the public that / was not i'm
hiding, despite the general supposition.
But ii rained so hard we had to give
that program up. and am sorry.
Il have not at any time been seeking
to avoid fair trial. Even though
Judge Dunno has seen fit to disregard
my habeas corpus application now
pending before the supreme court of
the United States-which we claim acts
as a stay to all proceedings in the low
er COURT would have been. and / am
now ready and willing to go to trial be-
fore Judge Dunno without further de-
lay, if there were any assurance of a
fair trial But l don't propose to be
iobbed."
During your stay at Trooadero and
since you were declared by Judge /