Los Angeles herald., 1908-04-03
RUFF AGAIN
SEEKS WRIT
OF FMANDAT TE
ASKS THE SUPREME COURT TO
PROHIBIT TRIAL
Question Of Validity Of ImmUs:ry Con-
tract EIlclts caustie Criticisms
from Prosecutor-Aeh Re-
plies Dramatically

Ey Associated Press.
SAN FRANCISCO. April 2.-With
the views of Judge Maurice 4. Dooiing
as announced from the bench, that an
immunity contract is nonexistent In
law, illegal if entered into by dis
trict attorney and unenforceable by z
defendant, indicating a probable ad'
verse ruling by the court on the OBJ
lection of Abraham Ruef to further
proceedings against him because of the
promise of immunity made to him by
the prosecution, but afterward repu-
dated, Ruef, through his attorneys
today made application to the state
supreme court for writ of mandate
and petitioned for writ of prohibi-
tion.
The application and petition are
identical with the ones denied yester-
day by the district court of appeals.
The supreme court is asked to pro-
hibit Judge Dooling from continuing
with the trial of Ruef and to issue
writ of mandate ordering him to trans
fer the case to aonther department OF
the superior court.
Heney Makes Answer
Assistant District Attorney Francis
J, Heney this afternoon replied to the
argument of Frank j. Murphy, who
raised the QutSLlOH VI lHO
contract before Judge Dooling this
morning and contended that through
Ruef's reliance upon the promise made
him his constitutional rights were In
vaded when he testified before the
grand jury, and that he was entitled to
be placed back where he could attack
the validity of the indictments.
The assistant district attorney, in re.
plying. commented upon some of the
| A.. %aS
court and the tribunals of some of the
states in upholding what seemed tC
him to be unimportant technicalities
and declared such decisions and opin'
ions to be "absurd and mischievous In
results" and Calculated to bring
courts into disrepute."
"Laws Aid Criminals"
'Iaws," he said, apparently are moi
made for the purpose of protecting So
fciety against criminals. but are made
to aid criminals in escaping Justice
mo wonder we occasionally have
quick Justice through mob violence.
at is Just such trif1ing with the law
that brings about such state of pub
lie mind that makes mob violence pos
sible.''
Touching upon the immunity con-
tract, he stated it was unenforceable,
but could be considered by the gov
ernor after a conviction as grounds for
a pardon.
Heney suggested that it would be
wise and expedient for the defendant
to pIead guilty and submit to the gov
ernor the question of immunity and
leave to the wide discretion of the
state executive whether Ruef had act
ed in good faith and had earned i'm
munity."
Henry Ach, in replying to the as
sistant district attorney, employed dra-
matte eloquence and presented Ruef s
case to the court as a Hypothetical
case with personalities eliminated
dwelling upon Ruefs faith in the prom
ises of the prosecution which induced
him to testify before the grand jury
resulting in the return of many in
dictments and incidentally adding to
the assistant district attorneys repu-
tation.
And Paints Picture
He painted vivid word picture OF
what the arbitrary and summary pro-
cedure of courts of justice would be
If Heney had the making of laws and
the control Of the courts
"Political bosses and millionaires
would not be bribing and lawyers like
YOU would be starving" interjected
Mr.. Heney
Ach will conclude his argument to-
morrow morning.
Judge Lawlor this afternoon ruled
that affidavits of Drs. Nieto and Kap-
Ian and of Ruef would not be admis-
sible in the disqualification proceed
ings brought by TREY L. Ford. The
defense submitted It's case upon the
showing made against Lawlor. and
the prosecution will file its attidavits
! tomorrow afternoon.