Los Angeles herald., 1908-01-22
EARL ROGERS
SAYSLANGDON
is BLUFFING
ATTORNEY CALLS DEAL WITH
RUFF 4 FARCE
DlscREnlTs PROSECUTIONS NEW
MOVE
Declares Former Boss Was Worthless
as Witness and That Now Ats
tempt is Being Made to
Fool Public
~ Associated Press.

Ky Associated Press.
SAN FRANCISCO, Jan. fit was
a tragedy; now 1t is a farce" This
was the opinion expressed today by
Earl Rogers of Los Angeles, counsel
for Patrick Calhoun, of the present
status of the San Francisco bribery
graft cases, and the prosecutions
change of attitude toward Abraham
Ruef.
Rogers came from Los Angeles last
night and was present in court this
morning when Luther Brown, associ-
ated with the defense in the United
Railroad cases, was arraigned before
Judge Dunno on the charge Of sub
ornation of perjury, growing out of the
alleged attempt to kidnap Fremont
Older, managing editor of the Bulletin.
Browns pleading was continued until
February g.
Rogers not only questioned the sin
cerity of the prosecution in turning
upon Ruef after promising him immun-
ity, but declared it to be his opinion
that the "whole matter was framed up
to fool the public"
"The apparent sudden change OF at
titude on the part of the district at
torney's office toward Ruef was no
surprise to u.s." said Rogers. Neither
was the disclosure of an immunity
contract any news to us.
Knew of Immunity Contract
I'VE had long been aware of the ex-
istence of this contract, knew who had
it and were we'll informed as to its pro-
visions. What we did not know, how
ever. WAS the fact that Judge Dunno
and Judge Lawlor had been consulted
in the matter.
There was practically no other move
for the prosecution to make. Heney
fhuf had the facts
in our possession concerning the pros
ccutions dickering with Ruef. They
knew that if they ever put Ruef on the
stand we would spring the entire
matter on them in cross-examlnation,
which would utterly have discredited
Ruef's testimony.
LAWYERS sometimes will spring what
appears to be a sudden surprise, not be-
cause they want to or that it will help
their case particularly, but that 1t will
hurt it less than II the other side sprung
IL. That was the position the prose-
cution was in reference to Ruef.
Grinding that Ruef was useless to
them as a witness, first because his
testimony was unsatisfactory, insufff-
cient to convict and that he refused to
strengthen it; second. because the deal
ines with him would be revealed and
exposed; hence, in order to save It's
face with the public, there was moth
ing for the prosecution to do but to
throw him down and apparently pros
ecute him.
Doubts Sincerity
ct say apparently because I do not
for a. moment think that the prosecu-
fion is sincere in its latest move, be-
lieve that there is still some pact with
Ruef and that the whole matter was
framed up to fool the public, as has
been done before by the prosecution.
Asked about the reports that the pros
ecution had broken faith with Ruef be-
cause the latter had been found TO ne
negotiating with the defense In the
United Railroad cases, Rogers said;
seThat is hut another falsehood cir
culated by the other side in their at
tempts to discredit the defense.
Rogers will leave for Los Angeles to-
night. and said he would return to San
Francisco in d few days, preparatory
to the trial of Patrick Calhoun the
date of which has not yet been fixed
nv the district attorneys office.
To Set Case for Trial
The date for the trial of Ruef on one
of the fourteen bribery indictments
against him in connection with lne
granting of a trolley franchise to the
United Railroads by former board
of Supervisors will be set by Judge
IxaWlGf lOllpA1OM
Ruef left the county Jail in his auto
mobile at 10 o'clock this morning ana
had a busy day. spending some time at
his office and holding many conferences
with attorneys down town. Ruet Is
suffering from a severe cold, contracted
at the county Jail, which, with the
strain he IS now laboring under has
had marked effect upon his appear
ance. $500.
lust what arrangements he succeed
ed In making today for counsel RueI
declined to state. He was equally as
silent as to his plans of defense.
n has been rumored that one OF
3uef's first moves would be an effort
to disqualify Judge Lawlor ana Judge
Dunno from presiding at his trials be-
cause these two judges had been con-
suited by the prosecution at various
times. The criticisms of the appellate
court decision by Judge Dunno ana
the latter's expressed opinion regarding
Ruef's guilt. will, it is said, be MADE
an additional ground for the allegations
of bias and prejudice against that
judge.