The San Francisco call., 1908-03-31
RUFF BAFFLED IN
ATTACK ON COURT
Prepares Objections TO Judge
Dunno, but Finds DOOling
on the Bench
Bunch of TechnicaIities Submit
ted and San Benito Jurist's
Right Questioned

Abe Ruef, impresario of technical
objections. presented q quartet Of
legal hindrances before Superior
an endesvor TO escape immediate. II
not ultimate. trial in the Parkside
bribery cases set for that time.
Ruef, through his assistant impre-
sarios Attorneys Henry Ach and
Frank J. Murphy. raised. in the course
sf half an hour. these points: That
when Ruef was arraigned in the Park
side case he was in court because he
was dragged there by an elisor and
was not present volitionally, that he
had never been served with a bench
warrant IN the Parkside case. and so
was not in the Jurisdiction Of the
court that Judge Dooling was not
regularly appointed 70 sit in the Park
side case. and that steps viii be taken
to discualify the san Benito jurist
from sitting on the ground that he is
prejudiced against the defendant
Ruef also appeared ready to dis
qualify Judge Dunno from the trial of
the case and TO make an effort to have
the matter put into another depart
ment presumably Judge Carroll
Cooks, but this step was abortive, as
Judge Dunno made no effort 10 oc-
cupy she bench
MOTIONS NOT CONSIDERED
This morning the court viii receive
an affidavit from Ruef touching upon
the alleged disquslihcations OF the
Judge from HolIister. The first two
motions that Ruef made yesterday
were not considered well taken by the
court In regard 70 his own right TO
sit on the bench in department S
Dooling said that he would perfect the
court record The point Of personal
disqualification viii come up this
morning.
Ruef is not 70 be tried with his CO.
defendants IN the Parksioe indict-
ments-Gus H Umbsen, Joseph Green
and William Brobeck- When the case
was called he demanded a severance.
The three members OF the Parkside
corporation. however, viii probably
stand trial together. although that
point Was not raised They were rep
resented yesterday by Attorneys
Frank D NicoI Of Stockton and Henry
Eichon OF this city.
II Ruef does not succeed in disQuali-
flying Judge Dooling or creating other
rare bubbles OF the law the iinpaneI-
ment Of jurors in the case in which he
Is charged with the bribery OF ex-
Supervisor Jennings J. Phillips viii be
taken I'D tomorrow morning.
Assistant District Attorney Heney is
20 conduct the Parkside case District
Attorney Langdon and Attorneys J. ].
Owyer and c. ". Cobb were in court
Assistant District Attorney William
HOh Cook. who is regularly assigned
70 department s, did not appear
ACH POINT UNTENABLE
Ach was the first spokesman in the
case yesterday. He presented an afi-
isvit fled last Saturday 10 the effect
Ruaf could mn obtain faf
-ng before the Judge OF record in the
csse-Judge Dune He insisted that
under the law the case should be trans
ferred 10 another department Of the
superior court Dooling refused to
hear anything concerning Judge Dunno
and declared that he was convinced Of
the untenability OF Ach's point
That disposed OF. Heney asked that
hey proceed with the trial Of Ruef on
the Philips Indictment
Murphy interposed an objection He
said that the court had no jurisdiction
over the person OF Ruef. as when he
was srrsigned last June no bench war
rant had been issued for his arrest,
nor served on him The warrant was
not issued until this March
Heney said that at no time had Ruef
objected 10 any of the proceedings.
When he pleaded guilty" Heney de-
clsred, he was in the custody OF the
sheriff
Murphy admitted that but went
further back He insisted that the ar
rafgnment was faulty
The time TO make objections was
then." said DO0ling.
He was forcibIy taken into court by
the elisor. he couldn't object" Murphy
reiterated on behalf OF the formerly
suppressed" Ruef
ARRANGEMENT NOT VOID
Heney quoted precedents 10 show
that il was not necessary that e man
be served with bench warrant prior
70 his srraignment
The record has to show that there
was an arraigument" said Dooiing
Ruef whispered 10 Murphy and the
attorney announced TO the court that
Ruef had not been served with q bench
warrant in the case at issue. Heney
pointed out that the sheriff's return had
shown service Of the warrant
Dooling denied the motion that the
arraignment be void. Then Murphy
took I'D the point OF DooIing's right TO
sit in the case
The Judge explained that he came on
the request Of Judge Dunno. which was
made in a letter six weeks before. Muir
ply contended that Dooling was there
solely 10 try the Bulletin libel case and
had not been asked by Judge Dunno
nor assigned BY Governor G1llett or
the presiding judge TO sit IN the Park
side cases Ach raised the point that
Dooling had previously refused 70 con-
sider other matter than the Bulletin
case.
We were prepared this morning to
make q showing against the qualifica-
tions OF Judge Dunno. we did not know
that your honor was 70 sit here" said
Murphy. but il is not out of the range
OF probability that we shall make a
similar showing against your honor"
IF you wish 70 make e show OF per-
sOnal disqualification against me
shall certainly give you the opportuni-
". replied Dooling. placidly stroking
his shaven chin You may have until
tomorrow morning at 10 o'clock to pre-
sent your af1idavits." he continued after
Heney had waived notice for the fling
Of papers
SETS FORD CASE FOR TONIGHT