The San Francisco call., 1908-07-01
RUEf'S BAIL PLEA
TAKEN FROM dunno
Appellate Court Gives Grafter's
Case to Seawell, but He
Goes on Vacation

After brief hearing held yesterday
afternoon the state district court of
appeal referred to Superior Judge James
NJ Seawell the petition of Abe Ruef
Tor writ of habeas corpus applied
for by the ex-boss in his effort to Sc
cure admission to bail.
Ruef and Ach appeared to be in high
glee over the order of the court, but
they were gloomy spectacle half an
hour later, when they learned that
Judge Seawell would leave today on a
six weeks vacation In the interior. Ach
hurried to Judge SeawelFs residence,
where he pleaded with the judge for
half an hour to defer his departure
until Ruef could be heard. Judge Sea-
well, however. refused to delay his trip,
saying he had made all his arrange
ments and purposed leaving town to-
day. Ach will have to go before the
appellate court again for a fresh as
signment of his case.
In its decision the appellate court
questioned the rulings of Judge Dunno
in refusing to accept sureties in the
Ruef case who could not qualify with
San Francisco real estate, and also the
decision Of Judge Dunno that relatives
of Ruef, particularly his father, M.
Ruef. and his sister. Mrs. Henrietta
Sittenfeld, could not qualify. 1t was
ordered that the matter be re-
ferred to Judge Seawell to hear the
testimony as to the qualifications of
sufficient sureties are produced, and upon
sufficient sureties being produced and the
bonds approved in the amounts fixed,
that the prisoner be discharged from
custody. Thus the case was taken out
of Dunne's hands.
The decision was written by Presid-
ing Judge Cooper and concurred in by
Justices Hall and Kerrigan. The case
was submitted shortly before o'clock
and the decision came down before 5
o'clock.
In the decision the justices find that
the judge of the superior court de-
clined to accept any surety who was
not owner of real estate to the amount
offered in the bond; that he refused to
accept any relative as surety; that
the hearings on the application for bail
were continued from time to time over
the protests of the defendants and that
the court directed his reporter not to
take down any proceedings in the ex-
animation of sureties.
After quoting the law in the mat
ter of admission to bail the justices
continued "it is the duty of the court
to follow the law regardless of his
own personal opinions
During the hearing of the petition
Justice Cooper had to check Henry
Ach's attempts to slur Judge Dunno,
which slurs were Incorporated in the
application for the writ which Ach
read. Achs activity yesterday after
noon was his first appearance since
his return from the east.
District Attorney Langdon and Fran
els j. Heney defended Judge DUNES
rulings at the hearing. Langdon de-
clared that it was within the discre-
tion :of the court to satisfy himself
personally on the qualifications of the
surety, a point with which the court
did not entirely agree, saying that if
the judge has any information con-
corning a surety he should convey Ii
to the district attorney.
Heney intimated that Ruef planned
to leave the country IL released on bail
and that the transfer OF property made
to his relatives was In such form that
a transfer could be readily effected and
that the Ruef family intended also to
leave the state.
Heney further advised that the court
pass on the question OF judges dis
cretion in bail matters and that If there
was at present an evil in the system
the legislature could be called upon to
cure the evil.
Ruefs preliminary hearing in the po-
lice court was continued by Judge Ca
baniss until this afternoon at O'Clock,
owing to the matter in the appellate
court.