The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-02-07
Curly Boss Bases Battle for
Delay on the Omission
of Intent
TechnicaIity of Such FIimsy
Gossamer That Trolley
Attorney Smiles
Lawyer Ach's Plea Makes His
Client Grin at Anxiety TO
Be Arraigned"

cry q the -zW Aoc RLcI began A-s
battle yesterday 70 avoid being
brought 70 rizl OF the indictment
charging hin with the bribery Of for
uer Supervisor Jennings ! Phillips
IN connection with the trolley fran
chise steal Gosded on By the des-
perzrou which the knowledge OF NJ
svoidzble conviction II the hands of
jury has caused. Ruef and his At
sorneys. Henry Ach and Frank J.
Murphy. have sought ont the most
absurd possible technioaEty IS
ground for fighting Of the trisl which
they 50 fear
On the absence OF I single word
OF SIX letters from the copy Of the
fu6ictment which was served upon him
e. the sine of his srrsinment OF the
trolley bribery charges Ruef is basing
his attempt 10 rurn legal proceeding
into g farce and crown justice With q
feels cap. 50 utterly beyond the
realms If sll reason Is the contention
advanced hy Ruef ard his attorneys
zns- even Pat-sck Calhoun and his At
rorners dared not hroach 81 as
r5ous ground OF objection though IN
hsruiug through me preliminary pro-
cse5ings fn their eases they clutched
f-ant5raliy ~ every straw of hope AZ
fordes - techuiczI twists u ihs law
INTENT j. o-ETTED
-ntsnt--throuEr ere oversight or
corrist this H-sle wo-d was once
suirtea f-ou rhs transcription q the
long legal Document charging Ruef and
his co6efendauts with bribery. and on
ms omission in rle copy of The indict-
1uent with which he wss served Ruef
centsrs his hope of future liberty
Henri Act mas long since deIved deep into
the nirs of technical chickering's ia his
endezrors - save Ruef from Just pm
fszunert ror his crimes. but hs sounded
me verr depths yesterday when hs
brszenIv demanded that al proceed
inzs against Ruef he Immediately
stopped by Judge Lswlor on the ground
rhar Ruef lad never been arrsigue6--
IN brief Ach bzssd his contention OF
section SIS q lhe penal code. which
makes the essentials of srrsignulent
the reading or the charge 10 the de-
fenosnt. the delivery 20 him of q COPY
q the Indictment in which he is
charged. ard the asking of the question
as 20 whether OF not he is guilty Il
Is claimed fhat Ruef was never served
with q copy q the indlcrmeur. for ths
reason that the paper handed him does
not contain any allegation Of intent 10.
commit bribery. which IS an essential
q the crime
II is not even claimed in Ruefs he
half that the sense OF the Indictment
was changed or that the meaning q
The copy served on him was obscure.
but simply thar through the error OF q
oopvfst single ~o-d was dropped out
o< one line q the document TIE copy
served on Ruef reads in this particular
connection as follows.
cory LACKS ONE WORD
That the cefsncauts. did
vlIlfolIs. unlzEfuIlr. 1eloniousiy.
knowingly and cor-up-ly give and orer
10 said Jennings J. Phillips. while said
Jennings J. Philips was such member
of sssd board of supervisors. a brfbe.
to Wit the sun OF 1our thousand
fssoe1l dollars In lswful money Of the
United States q Amersca as a bribe.
vith the v-iilfuL unlawful feionious
ard corrupt in them. said Patrick
calhoun and ThornwelI NuIiaily. and
TREY L Ford. ard william n Abbott
and Abraham guef and Eugene E.
schnItz. 10 then and there wsIifuIiy.
feloniOusiy and oOrruPty inauenoe--
&C
where tie appears in the above
excerpt the word Intent hzx been
dropped from the copy of the fndict-
ment served On Ruef though IL zp-
pears in the original indictment From
The context The meaning is 50 clear as
10 defy any construction bur thst In
TENDED. yet Il j. IN this absence OF q
single word that tke ez-boss pins his
hope q defeating AL efforts 10 bring
him before jury
For two hours yesterday afternoon
Ruers attorners argued il support q
tsefr contention that rhis error was
fstaI with simulated sincerity thar
st the outset amazed the spectators il
arc courtroom and then caused scores
OF them 10 withdraw il disgust
EVEN MOORE II AMAZED
Even Attorney A A. Moore. chief of
cslhOun's legal counsel. who noted this
omission months ago. but treated Il
then zs TOO Insignificant 10 warrant
o.-1;.-es On rare ;, column