The San Francisco call., 1908-03-21
RUFF WAITS BAIL
TO FLEE COUNTRY
Heney, in Appellate Court, Ac.
> cuses Rich Grafters of
Plot to Kidnap
If Sum We're Reduced, Prosecu-
tor Says, Bribe Agent Would
Promptly Jump Bond

II Abe Ruef We're admitted to bail his
rich codefendants and accomplices in
corrupting San Francisco officials
would subscribe to his bond and permit
him to escape the penalty for his
crimes. Assistant District Attorney
Heney insisted yesterday, both in an
affidavit and in oral argument before
the district court of appeal.
Ruef's case was before the court on
petition for writ of habeas corpus,
which carried with it motion for a
reduction of bail. The court took the
plea under advisement, but Presiding
Justice Cooper said that, even though
there might. be a danger of Ruef dis
appearing, bail that was not excessive
would have to be granted him.
Oral argument was made by Heney
to sustain his point that Ruefs present
bail is not excessive He declared that
not only was there danger of Ruef
being spirited away, but that efforts
had been made to kidnap former Su
pervisor James L. Gallagher, who was
Doodle agent between Ruef and the
other supervisors and now is the chief
witness for the prosecution in the
Ruef cases. In his affidavit Heney
AYERS:
That in said indictments charging the said
Ruef with bribery he is alleged to have given
anu oHeEeu pripes 70 members or tne BOARD or
supervisors Of the city and county of San Fran
cisco and Eugene E. Schmitz. mayor of San
Francisco, aggregating in round numbers nearly
$500, 600; that in the commission of said of
fenses the said Ruef had numerous and wealthy
accomplices, number Of whom Jointly in
dicted with him and who could afford 10 pay
the amount of bail now required of the said
Ruef under said indictments by the superior
court in order TO prevail upon and assist said
RT1nf pfrx~ ffnn f.rrsc dfaftr-
of the said superior court and absent himself so
that he 1 could not be procured after his own ,
accomplices and codefendants.
ENOUGH FOR LIFE TERN
In opening his affidavit Heney enum-
Grated the groups of indictments
against Ruef. He continued with
brief history of Ruef's flight to and
capture at the Trocadero in March, 1906,
after juggling a writ of error out OF
Judge Hebbard and concluded with
statement of the status of Ruefs posi-
tion before the court. showing that
when Ruef made his application to the
district court of appeal he was In
error, in that he was then held on but
IS instead of 116 warrants issued on
indictments, as he averred.
During the morning proceedings Ruef
heard little that would cheer him.
We should presume said Justice
Hall. in considering the motion that
this defendant certainly will be con-
victed on a sufficient number of indict-
ments to insure life Imprisonment"
Ruef showed no panic at such a dire
presumption, nor did he when Heney
declared that he intended to proceed
with the prosecution of Ruef. if every
one of the 116 indictments standing
against him had to be brought to trial
before single conviction could be OBJ
tanned
The three Justices of the appellate
bench-Cooper, Hall and Kerrigan-
heard the petition and arguments in
bank The district attorneys office
was represented by Heney and Assist
ant District Attorney John OGara
Ruef was attended by Henry Ach and
Frank J. Murphy.
At the opening of the proceedings
Heney filed his affidavit. He reiterated
the facts contained in the affidavit that
Ruef at one time was a fugitive from
justice, and that there were rich CO.
defendants in conspiracy to get him
out of the country
INvokEs IMMUNITY PACT
1T is not in the interest of justice
that the details be given" Heney de-
elared in answer to Murphys call for
the particulars.
Presiding Justice Cooper commented
that it was material for the affidavit
to show that Ruef at one time was a
fugitive and Ach asked leave to con-
trovert that point in an affidavit which
he stated would be filed in the after
noon.
Murphy invoked the NEUROLOGICAL
permanency of the immunity agreement
to show that Ruef would have no rea-
son for fleeing the law, but the court
would not consider that point.
Wen stipuiate the facts of Ruef
being in hiding, suggested Ach insidi-
ously.
Wen stipulate nothing" replied
Heney.
On the question of duplicate indict-
ments, Heney said that they raised a
/ point for a jury to decide. not for the
court to pass upon. He added that the
district attorneys Office preferred not
/ to enter list of those duplicates. Muir
ply was willing to accommodate the
court, however, and Cooper asked him
! TO present. the list, which he said would