Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-02
RUFF AGAIN
GETS DELAY
DATE OF TRIAL WILL BE SET ON
FEBRUARY II
AssembIyman Grove L. johnson Does
Not Appear in List of Attorneys
for Former Boss-Hitch
Rumored

BY Associated Press.
SAN FRANCISCO, Feb. 1.--District
Attorney Langdon announced in court
this morning that Abraham Ruef will
be tried first on No. 1923 of the four
teen indictments in the United Rail-
road trolley cases, in which he was
Jointly indicted with Patrick Calhoun,
Thornwell Mutually, TREY L. Ford, Will
liam M. Abbott and former Mayor Eu-
gene e. Schmitz.
The date when Ruef's trial will actuh
ally begin is still indefinite, and waY
not determined today, Judge Lawlor
continuing all the trolley cases until 2
o'clock next Thursday afternoon.
The particular indictment which the
district attorney has selected as the
one on which Ruef is first to be tried
charges him and the other defendants
with bribing former Supervisor Jen-
nings Phillips
Court Crowded
AS the examination of the members
of the former grand jury for bias and
prejudice in the demurrers to the in
dictments against Ruef, Schmitz, Ed
die Graney, James W. Coffroth and
Willis Britt, in the so-called prize
fight trust" cases, was on the calendar
before Judge Dunno, there was an i'm
InenSe array VI legal talent PRESENT.
each defendant being represented by
from one to three attorneys. There
were not enough chairs for all the de-
PENDANTS, and their attorneys had to
sit in the box while a crowd of specta-
tors, many of them standing, filed the
rest of the court room.
After District Attorney Langdon an
nounced on what particular indictment
Ruef would first be tried. this counsel
for Ruef was entered on the record:
Henry Ach, Frank J. Murphy and
State Senator George B. Keane. Muir
ply stated that the defense was not
prepared to announce the names of all
who would compose Ruefs counsel. 1t
was Immediately noticed that Assem-
blyman Grove L. Johnson of Sacra-
mento, whom Ruef announced Thurs
day as one of his principal counsel,
had not been entered in the record.
This gave color to the report that some
hitch had occurred in the arrangement
between johnson and Ruef after Ach
returned from Los Angeles Thursday
afternoon.
1t was rumored that Johnson had
declined to defend Ruef because his
son, Hiram w. johnson, might again
be retained by the prosecution as spe-
cial prosecutor to assist Heney. Ruef
declined to deny or affirm that john
son would not be one of his counsel,
but stated that he would see him again
this afternoon, at which time 1t would
be definitely decided.
Ach Asks Delay
On the ground that he had just been
retained. had not time to confer with
Ruef or familiarize himself with the
case, had not even seen copy of the
indictment upon which he was to be
tried and had some other cases to first
be disposed of, Ach asked that the case
II od II ftacr
incidentally:
I'm the meantime we have some mo-
lions in mind, which can be presented,
argued and submitted, and should 1t
happen that the court is of the same
mind as we are, this case may never be
tried"
Judge Lawlor held that motions could
not lawfully arise until the case had
actually been set for rial, therefore he
granted a continuance only until Feb
ruary 6, when such motions as counsel
for Ruef indicated could be presented
and with the Understanding that the
date of trial then be set. Ach made
formal objection to this continuance for
the purpose of preserving the record,
he said, on the ground that the defend
ant had not been given time to pre-
pare and that the ruling of the court
was unreasonable.
Judge Lawlor then attempted to place
some restriction upon the time that
Ruef might leave the county jail and
be in town in conference with his at
torneys.
This met with vigorous protest on
the part of Ach, who even threatened
to drop the case, which led to a modifi-
cation of the order. The court asked
counsel for the defendant to specify two
hours a day at which time Ruef should
be allowed to leave the county jail and
come into town to confer. Ach was on
his feet in an instant protesting vigor-
ously
This case has been ordered to trial
on such short time 1 have not even seen
the indictment and know absolutely
nothing about the case Your honor
certainly does not intend to limit our
conferences to but two hours day now
when we need more time than ever.
have just come into the case. If am
not going to be given time to discuss
and make the necessary preparations
will simply have to drop the case"
kuef Out Each Day
Judge Lawlor reminded him that 1t
was a concession that was not granted
to every prisoner. Ach admitted this
and asked that Ruef be allowed to visit
his office from II to every, afternoon
The court granted this and then sought
to restrict Ruefs leaving the county
Jail to visiting Ach's office only and
not permit him to go elsewhere except
by first getting the permission OF the
court.
Ach again vehemently objected. de-
claring, I'VE might want the defendant
to visit with those whom we would not
even want to disclose to the court.
He maintained that the court was ex-