The San Francisco call., 1908-12-30
FOURTEEN YEARS
FOR CURLY BOSS
Ruef Hopes to Appeal Case, but
Lawyers Say No Reversible
Error Exists
Grafter's Two Years Fight
Against Justice eliminates
in Maximum Sentence
Continued. from Page 1


turn and finally announced that he had
no further reason TO present for the
Withholding of the sentence Ruef
was ordered TO stand up, and he faced
the court calmly. nerved to the ordeal
by the weeks that have been given
him to look forward TO the inevitable.
He chewed gum continually while the
brief formaiity was gone through with.
and once he half turned and faced
the crowd in the courtroom with
cynical smile on his face.
Judge LawlOr read the section Of
the penal code describing the crime
Of which Ruef was found guilty, and
in which the penalty is set at not less
than. one nor more than fourteen years.
For the last time Dozier responded that
he had no further legal cause to ad-
vance to stay the sentence. Judge Law
lor looked the defendant squarely in the
face and uttered the formal words of
judgment.
sIt is the judgment of the law and
the sentence Of the court that you be
and you are hereby ordered confined in
the state prison of the state of Cali
fornia at San Quentin for the term of
IA years
Notice Of Appeal
There was no lecture-no comment
merely the formal sentence, and
Ruef was not on his feet more than a
minute and a half before the formality
was concluded Dozier at once served
written notice of an appeal to the first
district court Of appeal, accompanying
ii with a motion for a stay of eXecu-
tiOn. He later withdrew the latter
motion at the suggestion Of the court
and substituted a blank order for a
certificate Of probable cause. No OBJ
lection was made by Assistant District
Attorney O'Gara to the signing of the
paper, and the certificate was made
our by Judge LawlOr Ten minutes
later Ruef was hustled into sheriff's
van and whirled away 10 the county
Jail al lngleside.
The crowd in the courtroom when
the sentence was pronounced scarcely
filled the available seats. The room
was well filed, but. that was all. There
was no jam of humanity in the street
outside the building as there was dur
ing the last days OF the trial, and the
policemen and deputy sheriffs in the
courtroom had no trouble in preserv-
ing order. One or two men started
10 leave their seats as soon as the
judgment was given, but were ordered
10 sit down and await the adjourn
ment. which followed within a few
minutes.
Ruef's Fate Certain
All speculation as to Ruef's ultimate
fate is at an end. pending, of course,
the action Of the higher courts. The
ex-bOss viii not be tried again unless
reversal should occur in the pres
ent case, for any other sentence pro-
nOunced against him would run con-
currently with the one already given.
and would not extend the time of his
confinement in the state prison. This
being so. another trial would be use
less Should the present sentence
stand, it is probable that a year, or
even two years, will elapse while the
case is on appeal, but this will not
affect the length of time that Ruef
must serve after he is finally con-
signed TO the penitentiary With good
behavior Ruef viii not have to serve
a full IA years, however, but may gain
credits for good behavior which will
alton TO a minimum of nine years and
seven months This is the very least
time that he can hope to serve after
the gates of the penitentiary close be-
hind him.
Ruef was alone in court yesterday,
save for the regular members of his
court retinue and his brother in law.
Aaron Altman. who sat with him at
the counsel table. No members of his
immediate family we're present, but he
communicated with his sister by tele-
phone Immediately sentence had been
pronounced. He refused to discuss
the sentence at all, beyond dropping
the remark that the expected does
not always fail to happen"
Battle for Delay
The sessions Of court which imme-
diately preceded the passing of judg-
ment were devoted to a last long bat
tie for delay by Ruefs attorney. 1t had
been agreed that the prosecution
should have an opportunity yesterday
morning TO present af1idavits in an
swer TO those filed last week by the
defense in support of a motion for a
new trial AS soon as the case was
called, however, DoZier announced his
ACNA4E ~ GlCcGAN luIlntI dIuQdfllS.
which, he declared, contained new
matter that had not been brought to
Ruef's attention when the former
showing was attempted O'Gara OBJ
5ected and Dozier was silenced for the
time being.
The showing made by the prosecu-
tiOn consisted of affidayits by Bailiff
Frank ]. COyle, Bailiff John p Lynch.
MahlOn F. Perkins of Berkeley John
T. Fankhauser OF New York city. As
sistant Special Agent Charles F. Oliver,
Assistant Special Agent John F. Nc
Carthy. Assistant Special Agent Ray
mond j. Burns. Detective Sergeant
Charles Gof. Policeman Charles F.
Groth Chief Clerk Alexander McCabe
of the district attorneys Office and
Assistant District Attorney O'Gara.
These all related to the occurrences in
court on the day that Francis J. Heney
was shot and to the demonstration in