The San Francisco call., 1908-03-18

anu CVA-nNy OF sun ETHnClHCO AT least
one day prior to said hearing.
COOPER,
HALL,
kERRIGAN.
Bsned at every turn in his desperate
fight in the lower courts for release
from the chafng bars of his cell at
Fngleside. Abe Ruef hurried TO the dis
trict court of appeal yesterday
afternoon, and in quick 1me his
plea was granted and g writ of
habeas corpus issued. The writ means
that the district attorney will be com
PEELED TO appear before the court TO
contest motion for a reduction of
RueEs bail
When the decision was handed down
Attorney Frank Murphy, Of counsel for
Ruef was waiting for II. As soon as
he had received the official writ from
the clerk OF the court Murphy jumped
into waiting automobile and hurried
10 the Office OF Assistant Attorney
Heney, where he served it
n was grafters' day in the higher
courts. but in the proceedings before
Judge Lawlor the boodlers received a
staggering setback when a crafty trick
planned 10 place B. P. Oliver, foreman
Of the grand jury which indicted Ruef
in a false position as to the immunity
pact, was exposed in an affidavit filed
by Oliver. Henry Ach. counsel for
Ruefs was shown as seeking to ensnare
Oliver into swearing that 4aeney had
given him 10 understand that no i'm
munity contract had been made at the
time Ruef was giving his testimony
before the grand jury.
ACH CHANGES HIS MIND
The Ach boomerang was contained
in q letter TO the court, filed by Oliver
q l. s.
said that Henry Ach had approached
him on the subject of fling an afi-
dsvit and that the result of the con-
Versation had been that Ach had sent
him an affidavit TO sign which con-
Jained Phrases which might be con-
strueo 10 mean exactly the opposite
Of what he had told Ach. Oliver wrote
that he had. therefore, prepared an
affidavit which contained the true facts
and fled il with the court of his own
free viii and without having advised
with any one. The affidavit was a
startling one IN its exposure Of the
hearing OF Ruef while testifying in the
grand jury room
The affidavit was presented in court
by Judge Lawlor and was sprung at an
opportune moment when Ach was
pleading for more delay for the pro-
curing OF affldavits to support his
charges Of misconduct Of the graft
prosecution. When the paper was
placed on Ach's desk the lawyer picked
il up, glanced through ii. and then laid
it back on his desk without a word.
The affidavit of Oliver had been called
for by Ruef's attorneys, but there was
no motion made TO have il made a part
Of the court record after Ach had
seen it.
A desperate fight WAS then begun by
Ruefs lawyers for more delay, and
they finally got II. Judge Lawlor ad-
Journing court until today at o'clock
tor further hearing on q motion by Ach
10 strike out certain portions of the
sfidavits previously filed by Heney.
'Spreckels, Langdon and Bunnel, and
also that of Detective Burns, whose
name was added yesterday TO the list
OF persons whose statements of the
truth have displeased the forces of cor
ruption.
CONTRACT NOT DENIED
The affidavit Of Oliver contains many
interesting sidelights on the conduct
Of Ruef in the grand jury room and
proves beyond question that there had
been no denial Of an immunity contract
by Heney while conducting the inves-
tigation, nor evidence of any intention
TO show leniency to the complacently
confessing criminal
who seemed to sincerely consider that
being a lawyer he could commit no
crime, violate no law and disturb no
conscience provided he labeled any
money he accepted to influence the
mayor or board Of supervisors as a
fee" Continuing, Oliver testified:
He. Abraham Ruef, even suggested
to the grand jury that it should not
indict certain persons as they were
only little fellows, and he could not
understand why the members were not
satisfied with the big fellows they had
indicted and did not let up on the
others" The affidavit goes on:
After listening 10 the testimony of Abraham
Ruef 1 never believed that Ruef would receive
immunity and be dealt with leniently. Ruef tes-
flfed in such 6 manner. and after his testimony
addressed the jury in such q manner, TO en-
deavor 10 impress them with the fact that he
the savior Of San Francisco and had never
committed a crime. All the money he had re-
ceiVed he had received only fees. and he had
never asked any OF the persons charged with
giving bribes for money. Money had always been
offered 10 him by whoever wanted privileges or
franchises, and IN one particular case, that OF
the night trust" he protested vehemently
against taking fee from those who were his
friends and supporters, and only took the money
when IL was forced upon him.
When be gave Supervisor Gallagher the money
10 give TO the supervisors be gave 1t to prevent
them from getting away from his. Ruefs, con-
troll and doing great harm to the city by trying
10 graft independently.
RUFF GUARDED CITY
On account OF their ignorance and greed if
they tr1ed independent grating they would fall
into ySfaps laid for them. be exposed and bring
great discredit on the Schrnitz adminIsfrsf5onS
Ruef never gave money TO Supervisor Gallagher
10 give 70 the other supervisors except in cases
where the measures 10 be voted on fsvorably by
the supervisors were for the benefit Of the city
and the convenience OF the citizens
The good Of the city was always his first con-
Sidcration. By giving money 70 the supervisors
Tor voting for measures he believed good he sat
lsted their Voracity, ana Dy thus appeaslng their
appetiteS. and In addition threatening them
that be would send the first one he caught
grating on the side 70 the penitentiary he
stopped private individuals well as corpora
lions from being unJustly bled.
This affant after listening 20 the testimony
and remarks Of Abraham Ruef In the grand jury
room, thought that IN place OF listening TO the
confessions OF a criminal he had been listening
10 the defense Of a man who considered himself
un5ustly accused. and who. being lawyer, could
commit no crime. violate no law. disturb con-
science. provided he labeled any money he ac-
cepted TO influence the mayor or board Of super
vieJrs a fee.