The San Francisco call., 1908-04-01
JUDGE DOOLING
|. WILL REPLY TO
RU[FS CHARGES
CRATER Seeks Disqualification
of Court on Ground of
Prejudice
Declares That Jurist Attacked
Him in Speech Before
Native Sons
Briber's Lawyers Ask Appellate
Court to Order the Case
Transferred


his career yesterday. He succeeded
in getting four courts embroiled all
at once in the muddle of a single
clients affairs, and that's going some,
even for Ach. There was enough do
ing in the various departments to
satiate the legal whims of half a
dozen first class criminals, yet the
only crook involved was Abraham
Ruef. The appellate court and Judges
Sturtevant. Dooling and Lawlor of
the supreme court all had hand in
Ruefs affairs. but Ruef failed to make
a single winning from it all.
In Judge Sturtevant's court Ruef's
attorneys applied for a reassignment
of the Parkside bribery case, on which
Ruef is about to be tried by Judge
Dooling- Judge Sturtevant refused to
interfere, and the case was taken to
the court of appeal on petitions for a
writ of mandamus and a writ of
prohibition directed against Judge
IOOliHS. w iillS Ills pndcC VI tnC
proceedings was being attended to by
Ach's colleague, Frank j. Murphy,
Ruef and Ach were in Judge Dooling' s
court, making the effort there to dis
qualify him from presiding over the
coming trial They stole enough time,
however, to get into Judge Lawlor's
court and witness the fling of an affi-
davit by Judge Dunno in the trolley
bribery case.
When Judge Dooling called the
Parkside matter yesterday morning
Ach at once objected to any further
proceedings, renewing his contention
that the department had lost juris-
diction, regardless of whether Judge
Dunno or Judge Dooiing occupied the
bench. Judge Dooling interrupted
Monday and overruled the objection.
Ach then introduced a motion for a
transfer of the case. supporting 1t by
reading Ruef's affidavit accusing Judge
Dooling of bias and prejudice. The
affidavit was similar TO the one pre-
PaiCa Oh nlUnAdy anu NV cit dL iS1S III
on Ruefs expulsion from the Native
Sons of the Golden West under the
order signed by DooIing as grand pres
ident of the organization.
NATIVE SONS DRAGGED IN
After reading the affidavit Ach
stated that he had been informed that
Judge Dooling had attacked Ruef at a
speech made at a Native Sons dinner
within the last year. Though Judge
Dooling at once denied that he had
ever specifically mentioned Ruefs
name in any speech he admitted that
he might have said that any man
guilty of a crime should be ex-
PEELED from the order. Ach persisted
in reserving the right to file sup
elemental anldavit concerning this
matter in case heSshould desire to do
SO after making . personal investiga-
ton.
so far as the court is concerned"
Judge Dooling responded. Il have
never mentioned Mr.. Ruefs name in
any speech Up to the time Ruef and
ssself ceased to speak. about year
ago. we were always friendly
Assistant District Attorney Heney
asked to have the case go over until
counter affidavit from Judge Dooling,
and the continuance was granted.
Heney declared that the, adroit man
ner in which Ruers charges were
worded required an explicit answer,
although he asserted that the facts
set forth by Ruef did not constitute
showing of bias or prejudice.
When Judge Sturtevant was ap-
pealed to early in the morning by
Frank J. Murphy. who requested him
to take the .Parkside case out of Judge
Dooling's hands by exercising his
authority as presiding judge to trans
fer it to some other department, Judge
Sturtevant refused to take any action,
saying that after the case had once
been assigned he had no authority to
order 1T transferred.
Il didn't expect you to grant this
notion" said Murphy. Il have my
record straight now. however. and cen
take the matter to the appellate court"
GOES TO APPELLATE CoUR
Murphy at once filed his two petit
tions in the appellate court. support
ing them with afiidavits similar to
those filed in the superior court by
Ruef. One of the petitions is for.
writ of mandamus to compel Judge
Dooling to order the transfer of the
Ruef case to some other department,
and the other is for a writ of prohibi-
tion nnnln,andir<y .hlllms nnnling to