Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-04-03
|HENEY SCORES
THE COURTS
Also Takes a Fall Out of Ach
and MilliOnaireS

distant District Attorney Francis ].
Heney this afternoon replied to the
argument of Frank ]. Murphy, who
raised the question of an immunity
contract before Judge Dooling this
morning and contended that through
Boss" Abe Ruef's reliance upon the
promise made him, his constitutional
lights were invaded when he testified
before the grand jury and that he
vas entitled to be placed back where
be could attack the validity of the
many indictments against him for
bribery and graft.
The assistant district attorney, in
Feplying, commented upon some of
he decisions of the United States SUI
breme court and the tribunals of
lone of the states in unfolding what
beemed to him to be unimportant
|echnicalities and declared such de-
kisions and opinions to be absurd
md mischievous in results and
calculated to bring courts into dis
epute."
Laws" he said, apparently are
lot made for the purpose of protect
ng society against criminals, but are
made to aid criminals in escaping
Justice. No wonder we occasionally
ave quick justice through mob VIC
ence. 1t is Just such trifiing with
he law that brings about such a
tate of public mind that makes mob
Fiolence possible"
Leave 1t to Governor.
Touching upon the Ruef immunity
contract, he stated that it was un-
enforceable, but could be considered
by the governor after a certain In
Vestigation as grounds for a pardon.
Ieney suggested that 1t would be
wise and expedient for the defendant
o plead guilty and submit to the
governor the question of immunity
Ind leave to the wide discretion of
he state executive whether Ruef had
hcted in good faith and had earned
immunity"
Henry Ach, in reply, with dramat-
e eloquence presented Ruef's case TO
the court as hypothetical case with
personalities eliminated, dwelling
hpon Ruef's faith in the promises OF
he prosecution, which induced him
o testify before the grand jury, re-
ulting in the return of many indict.
hents and incidentally adding to the
ssistant district attorneys reputa.
Ion. He painted a vivid word pic
lure of what the arbitrary and sum
harry procedure of courts of justice
you'd be IL Heney had the making Of
he laws and the control of the courts
Takes Rap at Ach.
Political bosses and millionaire
you'd not be bribing and lawyeri
Ike you would be starving" inter
ected the assistant district attorney
Aeh will conclude his argument to
borrow morning.
Judge Lawlor this afternoon rules
hat affidavits of Doctors Nieto ant
kaplen and of Ruef would not be ad
hissible in the district disqualified
on proceedings brought by Tirey L
ord. The defense submitted its cas-
pom the showing made against Law
2 and the prosecution will file 1t
idavits tomorrow afternoon.
With the decision of Judge Mau
e T. Dooling, as announced fror
bench. that an immunity contrac
nonresident in law. illegal IL en-
red into by a district attorney an
Aenforceable by a defendant, ind
ting a probable adverse ruling b
court on the objection of Abrs
I'M Ruef TO further proceeding
Iainst him because of the promis
immunity made to him by In
Osecution, but afterward repudl
ed, Ruef. through his attorneys. tC
~ made a petition to the state 81
RENE court for a writ Of mandat
I'D petitioned for q writ OF prOhibi
on.
The application and petition ar
entical with the ones denied yestel
~ by the district court Of appeals
he supreme court Is asked to prC
ibit Judge Dooling from eontfnuin
nth the trial OF Ruef and to issue
nit Of mandate ordering him {
ransfer the case 10 another deparI
hent OF the superior court