The San Francisco call., 1908-03-13
RUEFS PLEAS FOR
RELEASE REDUFFED
Judge DOoIing Sarcastically Re-
fers to ExtOrtiOn as Made
Legal by Supreme Court
Refuses to Dismiss Other Cases
Against Curly Boss in
Dunne'S Absence

"As the supreme court has decided
that the industry In which the de-
fendant in this case was engaged was
q lawful one 1 have no doubt that the
Indictments in these cases will be dis
missed, but have not been authorized
10 act in the matter for Judge
Dunno" was the sarcastic response of
Judge Dooling when Attorney Ach
asked that judgment be deferred on
Ruef's plea Of guilty in extortion case
No. sos.
Ruers visions of the possibility of
an immediate release from the county
jail glimmered away yesterday be-
fore rebuffs in two courts where he
had the matter taken up. Applica-
tions concerning ban were made be-
fore both Judge Dooling and Judge
Lswlor. but both refused to take af-
nrmatiye action without delay.
Ach also made a motion to have the
I'VE eNtortion cases in which Ruef was
jointly charged with Schmitz. and
which have become nullifed by the
action OF the supreme court, dismissed,
but Judge Dooling stated that this
was a matter for the attention Of
Judge Dunno, and continued it until
Saturday morning.
RIEf'S FIRST HBBlfES
Ruef and his counsel and Assistant
District Attorney Heney were all pres
ent in department of the superior
court when Judge Dooling called the
court to order yesterday morning. The
Bulletin-Tevis libel suit was at once
called for trial, but Ach interrupted to
ask that. in view Of the decision of
the supreme court in the SchmitZ case
no judgment be entered on Ruefs plea
of guilt in case 3e5-
After Judge Dooling's rebuff, Ach
presented a short affidavit signed by
Ruef reciting the facts concerning
procedure in the case in which he
pleaded guilty, and all five extortion
cases We're then continued until Satur-
day morning over Ach's objections. Ach
then asked that the defendant be ad
mitted TO bail in all cases pending
in the department except those in
which duplicate indictments were re-
turned.
Heney. who promised Wednesday to
take the initiative in this matter him
self, stated that he had not found time
TO check UP on the duplicate cases,
but had referred the matter 10 Assist
ant District Attorney OGara, and this
matter was also continued by Judge
Dooling.
When Ach filed Ruefs brief affidavit,
his attempt to serve a copy on the
prosecution was coupled with an Incl
dent which caused considerable laugh
ter in the courtroom. Heney was
standing at some distance from Ach,
and with the remark that he would
hand the paper to Heney's assistant,
Ach rendered 81 to Hiram W. johnson
who was standing near him.
REFUSES TO TOUCH 1T
Johnson put his hands behind his
back and said he didn't want ii, and
Jieney made the suggestion that Ach
serve il on his own assistant. pointing
10 Ruef Ach reached over RuefTs head
and showed the paper before the eyes
Of Assistant District Attorney Cook
who turned away. declaring that
Heney was conducting the case and
that he didn't want the copy of the
afidavit Cook. however, finally took
u from Ach and handed it on to Heney.
From Judge Doolings court all the
attorneys crossed the hall into Judge
l-awlor's department. where Heney
stated that the afadavits Of the prose
cution were not quite complete Judge
Lawlor put the case over until Nom
day, declaring that he wanted all aff7-
davits, including the answers of the
defense, on file by that time
Ach objected that such an order was
unreasonable in view of the time taken
by the prosecution to prepare its show
ing, but Heney answered that the de-
Tense had been given the opportunity
10 make its showing complete in the
first place and had no right to ask a
further extension. The order of the
court stood, but Judge Lawlor signifed
that II reasonable grounds were shown
for another delay he might grant it
Monday.
HENEY FLARES Up
Ach again brought up the bail oues-
ton and was told by Judge -Lawlor
that Ruefs bonds in his department
would amount TO s2s00O0 and that he
would take the matter up whenever
the bail was ready. In referring to
the question Of dismissing duplicate in
dietments Ach said that Heney had
instructed o'Gara to proceed The
words used by Ach caused Henev 70
become angry at once and precipitated
a quarrel.
Mr. Ach, I understand you said 7
instructed Mr.. O'Gara to do this" vo-
ciferated Heney, ~and I want You to
understand that I never instruct Mr.
OGaIa. Mr.. O'Gara is my equal and
am not his superior
NO. / don't think you are his su-
perior," answered Ach.
It's immaterial to me what vor
think Of me- Your opinion is no good
IN anything" retorted Heney
Judge Lawlor stopped the exchange
OF words and closed both the incida,,+