The San Francisco call., 1908-04-02
EVEN THE CRATER SMILES

be allowed TO renew demurrer ana
preliminary motions which he waived
at that time.
EVEN THE CRATER SMILES
The shallowness of the contention
became evident when Heney called
Murphy's attention to the fact that the
immunity contract had been annulled
before Ruefs plea was entered. Murphy
drifted helplessly for a minute and
then attempted to explain that the
shock had been too great for Ruef and
that he had not been given the oppor-
tunity to seek advice of counsel before
entering his plea.
"Ruef was without counsel and did
not know his rights when he entered
that plea" said Murphy gravely. Even
Ruef smiled
when did the relations between
Ruef and the prosecution become
strained?' questioned Judge Dooling.
Your honor is certainly putting that
delicately," said Murphy. Il should
cali il a compound fracture"
-'All right" assented the court.
when did the compound fracture oc-
cur?"
Informed that the immunity con-
tract was annulled January is and
that Ruefs plea was entered nearly two
weeks later, Judge Dooling refused to
davits with which Murphy was pre-
pared He stated his conception of the
law to be that an immunity contract
was not recognized and was not en-
forcable, and asserted that the defense
must show the legal bearing of such
a document before he would consent
to listen to any statement of facts con-
cerning conditions resulting from its
existence.
.I,---xx civ
to prepare an argument on this point,
but Judge Dooling let it be definitely
understood that unless he could be con-
vinced that the immunity contract had
q legal bearing on the case he would
deny the pending motion without TAX
ing the time to consider its bearing on
the facts. He said that he did not
want the record TO become encumbered
with a lot of useless material.
CHAGRIN Is EVIDENT
Murphy's disappointment and chagrin
at the unexpected turn of affairs,
which deprived the defense of the last
hope of delay they had counted upon
so confidently, was evident in his state
ment to the court.
IF I were on the bench l would de-
termine the evidence first and the law
afterwards" he said.
just DclOIG lit VI C~A I
there was a short tiff between Heney
and Murphy, in which some very un-
complimentary personalities played a
prominent part.
Now. we've got along very nicely
so far. let's don't indulge in these
things" Interrupted Judge Dooling.
The warning was given with smile
and was needed. AS he left the bench
a minute later. after adjourning court,
Judge Dooling said:
Now, gentlemen, you can have 1t
out"
The afidavits filed during the morn
ing session by Judges Dunno and Dool-
ing are both interesting documents and
are both explicit denials of the charges
of bias and prejudice made by Ruef.
Judge Dunno explains that Judge Dool-
ing was called 10 sit in his depart
ment early in February and TO preside
at all times except on Saturdays. He
denounces the civil suit brought by
Ruef against himself and the members
of the prosecution as means adopted
with the intention of defeating the due
administration Of the law, particularly
in regard to the case on trial. There
is also denial by Judge Dunno that
he has ever discussed the merits of
the Ruef case with Judge Dooling, or
that he instilled in the latter's mind a
hatred toward Ruef.
ACTS WITHOUT PREJUDICE
Judge Dooling also fatty denies that
he is prejudiced against Ruef. He ex-
plains that because of his lack of
knowledge of the exact status of the
cases in Judge DUNES department he
refused to take up the extortion mat
ters when requested to Go so by Ruefs
attorneys, and while admitting the re-
mark made concerning the probability
that the supreme court would dismiss
the French restaurant cases. denies
that the reference to the supreme court
decision in the Schmitz case was made
or intended sarcastically. Dooling fur
Their AYERS that while he and Judge
knows nothing Of any attacks made by
the latter on Ruef, and says that he
does not believe Judge Dunno would
have made the remarks that Ruef was
the greatest criminal ever brought be-
fore him unless he firmly believed it to
be true. Judge Dooling also states that
he acted without prejudice in ordering
the investigation which led to Ruefs
expulsion from the Order of the Native
Sons of the Golden West, of which
Dooling is grand president. The affi-
davit concludes:
Finally affiant AYERS that 1t is not
true that he has any bias and prejudice
against the defendant. Ruef, and AYERS
that It is not true that the defendant
Ruef cannot have a fair and impartial
trial before affiant in this or any other
cause; AYERS that If he presides at the