Los Angeles herald., 1908-04-02
RULINGS ARE
ADVERSE TO
BOSS RUEF
MOTION TO TRANSFER CASE
is DENIED
-
JUDGE oooLINe DECLARES HE
is UNBIASED
Many Clogs to Trial Removed and
Case Is Now Expected to Pro-
coed RapldIy-Immunlty
Not Legal
BY Associated I.ress.

R<a4N It A4s1l01Os ADTlI IA DId-
ham Ruef, former political boss of
this city against whom more than 100
indictments charging bribery of the
former board of supervisors were re-
turned and whose preliminary legal
skirmishes to avoid trial have kept
some OF the courts occupied for two
months, sustained three adverse rul-
ings today, one in the superior and
two in the appellate court.
Judge Maurice T. Dooling of San
Benito county. requested by Judge
Frank II. Dunno to preside in the lat
ters department of the superior court
in the trial of Ruef, denied the mo-
tion of counsel for Rucf to transfer
the case to another court and refused
to make an order upon the showing of
the defense, disqualifying himself. rul-
ing that he was not biased or preju-
diced. and that he was qualified to sit
in the trial,
The district court of appeals late in
the afternoon denied Ruefs petition
for writ of prohibition restraining
Judge Doolng from proceeding with
the trial on the ground of alleged dis
qualification, and also refused to grant
his petition for writ OF mandate COM
pelling Judge Dooling 10 transfer the
case to some other department of the
superior court.
Make Technical Fight
Henry Ach and Frank J. Murphy
counsel for Rucf, have made strong
technical fight for two months to pre-
vent Ruefs trial and were Instrumental
in clogSing Judge Lawlors department.
of the superior court With an avalanche
OF affidavits bearing upon the much
discussed immunity contract be-
tween Ruef and the prosecution
SO numerous nd voluminous We're
the affidavits of both sides that Judge
LaWlq. has not yet been able TO read
all Of them and render his decision.
Nth The rulings today. however. of
Judge Dooling md uf the appellate
court. the preliminary defensive re-
sources OF Bucf's counsel seem to be
about exhausted and the actual trial
OF the many-times indicted political
boss. who has now been III custody one
year appears 10 he within sight.
Immediately upon Judge Dooling
passing upon his own qualification to
PFC dc, Frank J. Murphy. Ruefs ssso-
ciate couTfel. raised the question of
the ''inm nifty contract" as bar to
further proceedings and sought to in
troducc the mass of evidenciary show
ing made upon that point before Judge
LaNlor. Judge Dooing however, re-
fused to receive the affidavits and
mad his position on the question very
clear. He held that an immunity con-
tract was unknown to the law. that 1t
was not enforceable and that if such
contract was In existence the defendant
must rely upon the good faith of the
prosecution and upon the complacency
of the court TO consider it.
Question of Immunity
While Judge Dooling refused to re-
....tr- Mt aff f<Iox.
ing upon the existence of such n con-
tract between Rucf and the prosecu-
ton, he was willing to give the defense
an opportunity to cite authorities upon
the question whether Ruef could claim
any legal relief by reason of his re-
lance upon the promises of immunity
made by the prosecution. Argument
upon this point win be made tomor-
row morning.
Should the court hold. as it inti-
mated today that it would hold. that
the immunity contract and its repudia-
tion by the prosecution has no legal
bearing upon the cause at issue, Ruef's
defensive works would practically be
swept away and his trial follow.
In Judge Lawlor's court Patrick CAL
houn, president of the United Rail-
roads: Tirey l.. Ford general counsel
for the same corporation, and Ruef
We're arraigned upon the three joint
indictments returned by the grand jury
but drawn up with view of avoiding
some of the technical objections that
have been raised.
The pleadings of the three joint de-
PENDANTS was continued until Friday
afternoon.
The remainder of the day in that de-
partment was occupied with argument
and motions to strike out portions of
the affidavits filed by the defense,
seeking to disqualify Judge Lawlor
from presiding at the third trial of
Tirey L. Ford.