Los Angeles herald., 1908-03-12
VT
WAR RACES
ABOUT RUEF
MORE LONG DOCUMENTS ARE
FILED
HENEY MAKES DENIAL OF BOSS
ALLEGATIONS
Attorneys for Former Political Leader
Take steps to Have Him Re-
leased from County
Jail
no Assoolsiad press.

BY Associated Press.
SAN FRANCISCO. March 1l.-Fol-
towing the setting at liberty upon oaii
aggregating $345,000 of former Mayor
Eugene e. Schmitz yesterday evening
after being confined for nine months
in the county jail the preliminary steps
were taken thi- morning Tor the re-
lease of Abraham Ruef.
Immediate advantage was taken or
the admission of Assistant District At
torney Francis ]. Heney in the Volum-
inous affidavit filed by him yesterday
that Ruef had been twice indicted on
every charge against him with the ex-
ception of half dozen charges on
which he was indicted separately.
Henry Ach, leading counsel for Ruef,
in court this morning asked that the
bail on the second set of indictments
be REDUCED to a nominal sum or prefer
ably that Ruef be released on his own
recognizance on those indictments and
would then give bail on the others.
Judge William p. Lawlor held that
the defendant should be relieved from
the burden of the additional indict-
rnents Assistant District Attorney
Heney stated that he would take action
tomorrow morning and designate on
which indictments Ruef is to be re-
leased on his own recognizance.
This will reduce Ruefs required bail
y L.
he declared this morning he could give
the moment his plea Of guilty TO the
charge of extortion before Judge Dunno
is withdrawn, the supreme court in its
decision having sustained the appel
late court in Sehmitz' case to the
effect that before the defective indict-
ments, no crime was committed.
Incidentally Ruef this morning
blocked the move of the prosecution
on Monday to place him OH trial i'm
mediately upon another of the United
Railroads trolley indictments by the
motion of Henry Ach that, all the affi-
davits and proceedings on Indictment
No. S2S also apply to the other thir-
teen indictments of that series. Judge
Lawlor said it was his impression that
it was understood the proceedings
should apply to all of the indictments.
but continued the matter until next
Monday morning to look it up in the
record.
Affidavits in regard to the indemnity
contract were filed in Judge Lawlor's
court today by Rudolph Spreckels and
by Ruef himself. Spreckels affidavit !
contained the declaration that he al |
ways understood, believed and insisted !
that Ruef would be given substantial
punishment and that Heney always
agreed with him in this respect and al |
ways declared his intention of sending |
Ruef to prison. =
Spreckels further says that he never
saw the partial immunity contract OF
knew it's contents until after it was
made public January 10 last. The bulk
of his affidavit is given to explicit de-
malls of certain details of the aftidavits
of Ruef and Rabbis Kaplan and Nieto.
The affidavit of Ruef is largely de-
voted to a bitter attack on the prose- |
cution and a vigorous denial of the
statements contained in the affidavits |
it has filed.
keane Retires
Attorney Ach this morning announced |
to Judge Lawlor that State Senator |
George b. keane had retired as one of
Ruef's attorneys ana he asked that |
land, one of the most prominent at
torneys of that city, be entered upon
the record as one of the associate coun-
sci for the defendant.
The prosecution in the bribery cases
SO far as concerns Ruef had developed |
into a war of af1davits," with re-
sumed intensified Vigor before Su-
perior Judge Lawlor this morning.
when Ach filed an affidavit made by
Ruef and signed by the latter at the
county Jail at midnight last night, in
which Heney is bitterly attacked.
This affidavit was filed by Aoh as the
foundation for a motion made by him :
1pi rllillSolDli " I]icNS ilNilC9S IDul iIo
and Langdon on the stand for cross ex-
animation with ref erence to the state
ments in their aftidavits. Ruef states in
the affidavit that upon cross eXamina
tion he can establish tina. Heney made |
deliberate statements of falsehood, that |
he expects to show thereby that Heney
was employed for political purposes to
involve e. Fl. Hartman. W. f. Herrin
and Governor James n. Gillett that
he expects to force Heney to admit !
that many of the statements in his affi-
davit are deliberate and willful per.
juries," and attacks his credibility as 1
witness, charging that Heney is guilty
of homicide.
May Put Heney on Stand
Judge Lawler continued the consid-
Grafton of the affidavit and the ques
ton of putting Heney on the stand
until tomorrow morning, when he will
make known his decision.
Late this afternoon another batch of
affidavits were filed by the prosecu-
tion in Judge LaWlor's court These
consist Of statements signeo and sworn
10 by John Z. Mccarthy, who was A
guard during the time Ruef was con-
fined in the Fillmore street house;
George w .Burnell, who vas formerly
Ruef's teacher and Assistant District
Attorney Heney.
McCarthys affidavit details some of
the scenes that took place at the FIJI
more street place, and denies state
ments mace by the former landlord and
a servant in the place n affidavits
presented by the defense.
Burnell's affidavit alleges that RaObi
Nieto told MIN On one occasion, dur
ing conversation, that ne would not
believe statements made by Ruef
Heneys affidavit presents nothing
new, but is a brief and specific denial
of every allegation made in Ruef first
affidavit.
ATTORNEYS IN LIBEL. SUIT
UNABLE TO FIND TEVIS