Los Angeles herald., 1908-01-11
FORMER BOSS
TO BE MADE
SCAFEGOAT
HENEY AND LANGD0N, ANGRY,
SEEK REVENGE
DETHRoNED POLITICAL DlcTA-
TOR THREATENED
District Attorneys Office Declares
Confessed 6oodler Must Help
Them Convict Others or Go
to Prison for Life

By Associated Press.
SAN FRANCISCO. Jan. 1O.--That the
prosecution in the bribery-graft cases
will endeavor to revenge itself upon
Abraham Ruef for the reversal by the APP
pellate court of the conviction of former
Mayor Eugene Schmitz on the charge OF
extortion and nullifying all the extor-
ton indictments against Schmitz and
Ruef. by refusing all immunity to the
former political boss and by prosecuting
him on enough of the 1OO-odd indictments
returned against him to insure in case
of conviction what would be practically
a life sentence, even though it were found
necessary to drop all the other cases.
was the statement made tonight by a
person closely identified with Ruef.
Ruef to Be scapegoat
The prosecution was charged with
breaking faith with Ruef, and it was as
serted that the district attorney was en-
deavoring to visit its defeat upon the
former political dictator and companion
of Schmitz by making him a scapegoat
for it's failure after it had promised him
at least partial immunity for the infor-
nation he had impaired in his confession.
Coming, as it did. at the end of a day
in which mystery and silence enshrouded
the movements and activity of both the
prosecution and Ruef and Schmitz and
a two-hour conference between District
and Ruef, at the formers office, it had
some significance.
Following tn1 continuance until Tues
day of the cases against Calhoun, Ford
Mullaly. Abbott Schmitz and Ruet,
charged with bribery In connection with
the United Railroads trolley franchise,
which came UP before Superior Judge
Lawlor this morning, Ruef went to the
office of the district attorney at the tat
ter's request.
When he emerged two hours later
neither he nor Langdon would give the
slightest intimation what the purport OF
the conference was, but it was later
learned that Ruef was severely ques-
toned and thc. the results were salts
factory to neither side.
Ruef proceeded to Temple Israel, where
he was closeted for an hour with Rabbis
Jacob Niete and Bernard Kaplan. Ia
OTueT That IL ullSlll llOl DSlidy Ills RAE1-
ence, he ordered his automobile to pro-
ceed around the block and wait for him.
1t was learned that a break had occurred
between Ruef and the prosecution and
that the district attorney was in no mood
to temporize N'th RTef any longer. The
latter stated the district attorney de-
sired another conference with him next
Monday.
Threaten Ruef
A member of the prosecution remarked
Significantly: 'Ruet VIII be tractable
enough when we get through with him.
While the reversal by the appellate
court was on the appeal of former Mayor
Schmitz, it has had the effect of again
making Ruef the central figure, one ac-
ouittal and one mistria of Tirey l.. Ford
having caused the prosecution to prac-
tically ncede that Ruef's testimony is
essential TO convection in the bribery
graft cases
Schmitz also declined to make state
ment today but 1t was announced to-
night by one of his attorneys that appli-
cation for the release of the former mayor
on bail would be made tomorrow morning
1t developed during the day that coun-
sci for Schmitz and Ruef and the district
attorneys office disagreed on whether
or not the judgment OF the appellate
court can he effective at once, or not
0NNt1AcAA
was handed down.
The defense maintains that under q
statute passed in 1905 a remittitur must
be sent down by the higher court forth
with which. as pointed out by the pros
ecution, is in direct conflict with the
constitutional provision that Judgment
cannot go into effect or a remittitur be
sent down until after thirty days, except
with the consent of the people
Schmitz May Get Bail
Another question over which there Is
difference of opinion between the law
yers for the two sides is whether or not
Schmitzs bond of s350,OOO was exonerated
when he was convicted. If held by the
court that it was not, the former mayor
will only have to put up an additional
bond for the bail upon the nine prize
fight trust indictments returned by the
Oliver grand jury just before it was dis
charged last month.
Some of the members of the prosecu.
tion declared tonight that Schnitz appli-
cation for bail tomorrow will be refused
on the ground that no remittitur has been
returned by the appellate court and that
officially the trial court is not aware OF
the reversal
Should a remittitur be sent down It was
said that its legality would be attacked.
1t was also asserted that the prosecu-s
tion will not ask the appellate court for
a rehearing of the appeal or take an ap-
peal from its decision to the supreme
court,
A continuance of two more weeks was
granted to 7. v. TIalsey in the telephone
bribery case this morning by Judge
Dunno. 1t was learned when the court
convened this morning that HaIseys
health was still in so delicate condition
from the operation for appendicitis. per-
formed on the defendant several months
ago, that he could not go to trial at
this time
The bribery cases of @. II. Umbsen,
J. Z. Green. w. /. Brobeck and Abraham
Ruef. in the Parkside franchise. were
continued this morning by Superior Judge
Dunno for two weeks. Brobeok was
present, while the other three defendants
were represented BY counsel.