The San Francisco call., 1908-03-14
CHIEF BIGGY IS
NOT IN CONTEMPT
Errors in the Papers Drawn by
Ruef's Attorneys Cause
of Dismissal
New Order Is Issued, However,
for Subpoena to Testify
Before Notary

Omissions and errors In the papers
drawn by Ruefs attorneys, Frank j.
Murphy and Henry Ach, caused the dis
missal by Superior Judge Buck yester-
day of the contempt proceedings insti-
tuted by Ruef against Chief of Police
Biggy Murphy says he will start all
over again, and prepare new papers
which, he hopes, the opposing attor-
neys will not be able Co hlow to pieces
with their legal objections.
Doubt as to whether Gus Hartman,
before whom Biggy's deposition was to
have been taken, actually was no.
tary public March 6, the date set by
Judge Buck for the taking of the de-
position, occa stoned the downfall Of
the proceedings. In an affidavit by
Hartman he set forth that he was
notary March 8, the date he swore to
the affidavit, but did not aver that he
was notary March 6, the date upon
which Biggy disobeyed the order to
furnish his deposition j. J. Webb,
Bfggy's attorney, directed the atten-
tlon of the court to the omission.
PAPERS INSUFFICIENT
rs that so. Mr. Murphy asked
Judge Buck of Ruef's counsel
Yes, SIR answered Murphy.
We'll, it seems your papers are in
sufficient said the Judge.
Then ensued long argument, lasting
for about an hour and half, in which
Murphy, Webb and Charles S. Wheeler,
representing Rudolph Spreckels, took
part. Murphy tried to show that the
Judge should take judicial note of the
fact that Hartman was a notary March
g. Suppose these proceedings had been
before Judge Ogden of Oakland, would
| be compelled to prove that Judge
Ogden is a judge?" asked Murphy.
But there is some difference between
Judge Ogden and Gus Hartman" re-
marked the court.
Personally. yes, but both are officers
of the state Murphy argued.
In the order of the judge to his
clerk instructing that a subpoena be is
sued requiring Biggy to give his depo-
sitfon, Gus Hartman was mentioned as
a notary public, and Judge Buck sug-
gested that this might relieve Murphy
from his difficulty, but Attorney Wheel
er pointed out that in the order of the
judge directed to Biggy there was no
mention OF Hartman
Attorney Webb drew attention to the
fact that the supreme court had re-
fused to take judicial note of the fact
that Eugene e. Scnmitz was mayor of
San Francisco, and he did not see,
therefore, how the superior court could
take judicial note of >Hartman's no
taryship.
PROCEEDINGS DISMISSED
Finally Judge Buck said he certainly
would not take away a mans liberty
on defective papers, but he put the
matter over until O'Clock in the aft
ernoon for Murphy to submit authori-
r-nfJ ,aI I,o
mentioned loaded down with books,
from some of which he quoted. but
without altering the judges view. In
the end he asked permission to with
draw the matter, which was granted
and the proceedings were dismissed
At the outset of the proceedings in
the morning, before the raising of the
fatal point. Attorney Wheeler. for
Spreckels, who Is a defendant in the
action OF Ruef for the recovery Of the
money spent in maintaining the ex-
.boss's private prison, raised the point
under a recent amendment Of the code
of civil procedure that notice of the
proceedings should have been given to
all the parties concerned, but the judge
ruled against him, although through
out the proceedings he heard Wheeler
as a friend of the court
The court was crowded during the
argument by attorneys interested in the
legal fight. Detective Burns, one of
the defendants. was present; Heney was
represented by his partner, Cobb; Lang
don by his assistant, Robert W.. Har-
rison. and Judge Dunno by Attorney
/. Harris. Buggy attended at the out
set, but was excused so that he could
attend to his official duties.
Murphy subsequently obtained new
order from Judge Buck, directing that
subpoena be issued calling upon Big
gy to appear before Gus Hartman
March 16 and furnish a deposition.