Los Angeles herald., 1908-03-15
TERROR GRIPS
RUFF FACING
PRISON TERM
DAY OF THRILLS AND HORROR
FOR BOSS
DuNNE ON POINT OF SENTENCING
"GRAFTER"
Defendant Stands Pale and Trembling
as He Hears Himself De-
nounced as Monstrous
Criminal


SAN FRANCISCO, March 14-Pale
and agitated, Abraham Ruef, former
POLITICAL boss of San Francisco, for a
few brief moments today apparently
stood in the shadow of the peniten-
tiary, heard himself denounced from
the bench as the greatest criminal
who had ever appeared before the bar
in this court and the next moment
had liberty almost within his grasp.
Judge Dunno reluctantly and regret
fully granted motion to arrest judg-
ment on his plea of guilty to the
charges of extorting money from the
French restaurants.
Only the bail on the other indict-
ments, about 100000, which he de-
clares he can promptly furnish. now
stands between Ruef and his release
from the county jail.
Scene Is Dramatic
The scene in department of the su-
perior court today was intensely dra-
matte. Assistant District Attorney
Heney the special prosecutor in the
bribery-graft cases. had asked for a
weeks time to see if good indictments
could tie carved out of the extortion
indictments declared by the appellate
court in the case of former Mayor
Schmjtz, who was convicted on the
samef charge, to be fatally defective,
which decision was unanimously sus-
tanned by the supreme court.
Judge Dunno, however, dismissed
four of the five indictments, at the
same time directing the district at
torney to resubmit the facts to an
other grand jury. When indictment
EOS, to which Ruef had pleaded guilty
came up Attorney Frank ]. Murphy,
associate counsel for Ruef. asked that
the defendant be allowed to withdraw
his plea, and filed a lengthy affidavit
several days ago as a foundation for
this motion.
Assistant District Attorney Heney
opposed the withdrawal of the plea,
argued that the facts in the indictment
had only been "defectively stated" and
that the defendant by pleading guilty
had waived all rights and was not en-
titled to be discharged because of the
decision of the supreme court.
"He now stands before the court for
sentence" said the assistant district
attorney, land the recommendation OF
the district attorney, in view of the evil
cence in the Schmitz case. is that the
defendant be given the full term of
punishment provided by law for such
cases."
Ruef in Dire Straits
Counsel for Ruef then began to sum-
marize the grounds upon which the
rnotion was made. When Murphy
reached that part of Ruef's affidavit
where he read that DR.. Jacob Nieto
and DIR. Bernard Kaplan, two promi-
nent Jewish rabbis, had stated to the
defendant that Judge Dunno had prom
70 xxrifI l1rly w hi
plea if he plead guilty, as desired by
the prosecution, Judge Dunno inter-
posed with: "Stop, Mr.. Murphy; / want
to stop you right there to say that any
person making any such statements as
that is telling a willful falsehood and a
deliberate untruth, made for no other
purpose than to interfere with the ad-
ministration of justice and to assist the
greatest criminal that has ever ap-
peared before the bar of this court to
es cape his just deserts.
"I want to say that If L had the
power would order this whole matter
submitted to the grand jury. to the end
that indictments might be returned,
but that power does not lie with the
court. but with the district attorney.
"Iaet me tell you again, all persons, no
matter how high their station or re-
spectacle their calling, should be
brought to the bar of justice, and the
higher their station and the more re-
spectacle their calling the more repre-
hensible their conduct and the more
certain and severe should be their pun
ishment.
"The motion is denied. Abraham
Ruef. stand up"
Stands Pale and Trembling
The color fled from Ruef's face. For
hol 70 nn mr.
from his chair. Then slowly he arose
and pale and agitated, he stood by
the side of his counsel, expecting that
the next few words from Judge Dunno
would be his sentence, and only re-
course to habeas corpus would save
him from going to the penitentiary.
Murphy, Ruef's assistant counsel, was
utterly taken aback by the sudden turn
of affairs.
Judge Dunno slowly recited the his
tory of the case and the defendant s
plea of guilty. When the court said:
abraham Ruef, do you know of any
legal grounds why sentence should not
be passed upon your" Murphy hastily
interposed a motion to arrest judg-
ment, while Ruef sank back into his
chair
"The only chance the people have to
have Mr. Ruef punished under this
plea" said Heney, sis for his honor to
sentence him. The defendant has the
right of appeal.
1.-The people have never had an oppor-
tunity to argue this case before the
supreme court. We asked for hear
ing in the Schmitz case, but we We're
refused. 1t may be that the supreme
court of this state may discover that 1t
has committed error. 1t would not be
the first time that it has acknowledged
committing error nor would 1t he the
first time that the same sort of thing
happened in other states. ~
Il recall that in Missouri, when the
political boss, Butler, was convicted
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