Los Angeles herald., 1907-04-13
COURT OF APPEALS
FREES SH0RTRIDGE
RUEF'S HABEAS CORPUS PLEA
NOT SETTLED
Supreme Court VIII Hold Session in
Los Angeles Next Week and
Announce Its Decision
While Here
Rv Associated Press.

BY Associated Press.
SAN FRANCISCO, April 12.-The dis
trict court of appeals freed Attorney
Samuel M. Shortridge from the con-
tempt order and Jail sentence imposed
by Superior Judge Dunno; Justice NC
Farland announced that the state SUI
nreme court will not make known be-
fore next Monday it's decision in Abra-
ham Ruefs application for release by
babeas corpus from the custody oil
Elisor Biggy; Judge Dunno, reiterated
his total lack of confidence in the
sheriff and the coroner to honestly sum-
mon fresh venire of talesmen to COM
plete the Ruef trial panel, and ad-
iourned court until next Monday 10
give the defense an opportunity TO pre-
sent counter affidavits in support or ITS
objection to the decentralization of the
sheriff and the coroner. These were to-
days developments in the bribery
graft Investigation. No session Of the
grand jury was held.
Attorney Shortridge of Ruef's coun-
sci more than a month ago was Dy
Judge Dunno declared guilty of con-
tempt of court and ordered confined IN
the county Jail for twenty-four hours
because. after repeated admonitions to
sit down, he persisted In obtectng 10
a question asked of Coroner Walsh dur
ing the examination of that official in
ctdent to his sworn declaration that he
the sheriff having been disqualified
was unable to find and arrest Ruef, a
fugitive from justice.
Flaw In Order
The appellate court, in refusing to
sustain Judge Dunno. takes the position
that the latter, as respondent to Snort
ridges application for discharge on
habeas corpus, failed to set forth the
fact that at the moment of the declara-
ton of the contempt Shortridge's client,
Ruef, was a fugitive from justice.
The supreme court sits in Los An
yeles next Monday and the justices de-
parted today for the south. There was
a general impression abroad that they
would either make known their de-
cision in the Ruef habeas corpus appn-
cation before leaving the city or would
direct that it is announced after their
departure. Justice Mcfarland cor
rected this impression by saying that
the court has not determined the mat
ter and will not announce the result be-
fore Monday.
In Judge Dunne's court lively ses-
sion was held. Ruefs prosecutors
moved the decentralization of Sheriff
O'Neil and Coroner Walsh for bias and
prejudice in favor of the defendant, the
ordering by the court Oh d SpeCldl NeIlll {
of 100 or more names from which to
complete the trial panel, and the ap-
pointment of an elisor to summon the
veniremen.
Defense Objects
The defense objected with great show
of spirit, and a verbal battle between
counsel followed. The prosecution filed
affidavits to re-prove the personal IN
terest of the sheriff and the coroner,
and though Judge Dunno stated from
the bench that he had no confidence in
those officials and was sure that they
could not properly be allowed to sum-
mon additional jurors or have charge Of
the jury after 1t has been chosen he
neyertheless granted the defense until
Skbnday morning to prepare affidavits
an contravention of those filed by the
state. The court refused to permit wit
nesses to be called in refutation of the
charges of bias, stating that in the form
of affidavits only would counter testi-
mony be admitted. Adjournment was
taken over Sunday.