Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-11-18
COURT DENIES
VENUE CHANGE
IN RUEF'E CASE
JUDGE LAWL0R REFUSES ALL
MOTIONS TO DELAY
PROSECUTION OF 5ooDLER TO
CONTINUE RAPIDLY
Thirty-seven Counter AffidaVlts Filed
by Lanadon Declare No Turbu-
lenee Prevails and Defend
ant is Safe


a. AN FRANCISCO, Nov. 1.-THE
trial of Abraham Ruef, interrupt
~ ed by the shooting of special
Prosecutor Francis ]. Heney in the
court room, will be resumed at o CLOCK
tomorrow morning. where II was is1 co
last Friday afternoon by the pullel OIL
the assassin. =
Judge William P. Lawlor today de-
MED the application of counsel for RueI
for a change of venue to some olileI
city or town in the state; denied also
in quick succession the motions lot
continuance of thirty days, until pupnc
FEELING subsidized, for the dismissal of
the Jury and the empanelment OF ne"
one, and finally ruled against the de-
tense on the request made to lnterfo-
gate the trial twelve as to whether any
OF them was prejudiced against the oe-
PENDANT as a result of the tragedy III
the court room.
Court Impatient
Brushing aside all motions and tech
nicalities interposed by the deIense,
the court announced that the trlai
would proceed tomorrow morning ana
that it would countenance no further
delays.
The action of the court followed the
filing of thirty-seven counter affidaVlts
bv the prosecution, which in general
terms denied many of the allegations
made by Ruef and his counsel in their
affidavits yesterday in support OF tlleil
application for change OF venue, anu
set forth that no excitement or turpu-
lence prevailed; that neither Ruet nor
his attorneys were threatened with Vio-
lence or their lives endangered, ana
finally that no conditions existed thal
would prevent the defendant having
fair and impartial trial.
Mass Meeting Echoed
For an hour this afternoon there was
an echo of the mass meeting at Dream
lang rink Saturday night as Henry
Ach, chief counsel for Ruef, read an
affidavit giving a stenographie report
OF the speeches made there, and the
court room rang with the eulogles OF
the stricken prosecuting attorney.
Hiram Johnson and Matthew l. Sulli-
van interrupted the reading of the am
davit repeatedly with objections to It's
admissibility, but the court ruled Tor
the defense.
Then followed af1davits from E. r.
Kirke, an attorney, and William f.
Murphy, a contractor, aVerring that
certain ministers Of the gospel had IN
dulged in incendiary and inf1ammatory
addresses from the pulpit, and that
there was much talk about the city
that "Ruef ought to be hanged"
Mr.. Ach then asked for permission to
put on witnesses and introduce oral
testimony in support of his application
for a change of venue.
Rapid Fire DenlaIs
Denied said the court.
counsel for the defense asks until
tomorrow to file further affidavits,"
said Ach
Denied" ruled the court.
Judge Lawlor then announced in
lengthy decision his denial of the ap-
plieation of a change of venue. lie
said the apprehension which the court
naturally felt after Fridays tragedy
in the court room, which was well cal
culated to arouse the resentment Of the
community, had not been realized and
that lie had seen nothing to indicate
threatened violence, excitement or tur-
buIance, or that the defendant and his
attorneys were in any danger, and that
nothing prejudicial to the defendant
had come to the attention of the jury.
Counsel for the defendant moves
the court for a continuance of thirty
days in the trial, until the feeling Of
the public has somewhat subsidized"
said Ach.
Some More DenIaIs
Denied" was the reply of the court.
"Then counsel makes a motion that
the Jury be dismissed and a new jury
empaneled to try the defendant, on
the ground that the present jurors,
knowing that Mr.. Heney was shot in
the court room, are prejudiced against
this defendant, believing he was in
some manner connected with the
crime"
1.-THE motion is denied"
1--WE make application to interrogate
the Jurors and ascertain whether they
have any prejudice against the de-
PENDANT as a result of the shooting of
the assistant district attorney" con-
finued Ach.
1.-THE application is denied"
I'VE are ready to proceed with the
trial" announced the detected attor-
uey with considerable vim.
The only incident of the day was the
election from the court room of r. A.
Adams before court convened this
morning. Adams had taken a seat di-
xectly behind Ruef and was said TO
be cursing and threatening him.
Deputy Sheriff Doud declared he rec
MODERN EXPERT