Los Angeles herald., 1908-01-21
FORMER BOSS GIVEN LITTLE
TIME TO PREPARE
PROSECUTION PoSTPoNES CASE
OF CALHOUN
All Efforts Will Be Put Forth by Heney
and His Associates to Send Fallen
Political Dictator to
Prison
Rv Associated Press.

SAN FRANCISCO, Jan. 20-Em- |
phasizing the break that has occurred
between the prosecution in the San
Francisco bribery graft cases and Abb
raham Ruef because of the latter s
alleged failure to live up to the i'm
munity contract signed last May by
himself District Attorney William H. |
Iangdon and Prosecutor Francis
Heney the prosecution today made its
first move to place Ruef on trial on
one of the III indictments returned
against him.
The sentiments and feelings of the
prosecution against the former politi-
cal boss were plainly shown by the
announcement in court this morning
that no, oplr is Ruef to be placed on
trial, but the prosecution is insistent
that he be tried at once, and that the
cases against Patrick Calhoun, pres1-
dent of the United Railroads, against
whom the former political bass as al
legged "go between" was to have be-
come the star witness who was to
have been tried next, may be post
poned so that Ruef may be tried first
When tie cases of Calhoun. TREY l..
Ford, Thornwell Mutually, Eugene r
Schmitz and Ruef, in the matter OF
the trolley franchises, came up before
Superior Judge Lawlor this morning
Iangdon asked that all the cases be
continued until January 2S, and an
nounced, "On that day we will pro-
ceed with the trial of Abraham Ruef."
Keane Objects
In answer to q question by the court
Langdon stated that he was not yet
prepared to say on what particular
Indictment Ruet would be tried. State
Senator George P. Keane, who repre-
sented Ruef, made a vigorous protest
against such action, declaring that
this was the first official information
that Ruef had had that the prosecu-
tion would proceed against him In view
of the promise of the district attorney
that all the charges in the trolley
cases against Ruef would be dismissed
He declared that Ruef had made no
preparations for trial, had secured no
counsel and now on such short notice
was being ordered on trial.
He asked for two or three weeks
time that Ruef might obtain counsel,
which, Keanc declared, would be very
difficult. and to prepare his case.
Judge Lawlor said that the defend
ants rights would not be infringed
upon and that the court would take
into consideration the various circum-
stances in setting the date of trial, but
declined to give Ruef more than two
days to secure counsel and continued
all the cases until Wednesday morning
to be set.
When the United Railroads case came
up before JuGge Lawlor, District At
torney Langdon said:
"I ask that all the cases be con'
tinued until January 81"
Are you prepared to say what cases
you will take up then?" asked the
court.
"On January 27 we will proceed with
The trial of Abraham Ruef," was the
reply.
two to say on what particular indict-
ment he will be tried first"
State Senator Keane, who represented
Ruef, arose and addressed the court.
Before your honor makes an order
in this case we would like to be heard
and state that this is the first official
information that the defendant has had
that the prosecution would proceed
against him.
Rights Wrune from Him
I'VE would like to state that his con-
stitutional rights have probably been
wrung from him. We would further
state that the defendant is confined
in the county Jail and l do not think
that the interests of the state would
suffer If he is given reasonable time
to accustom himself to the change OF
attitude on the Lart of the prosecution
Il ask that the defendant be allowed
reasonable time to procure counsel who
will be able 10 do him Justice in THIS
critical situation and that the case now
be continued for two or three weeks TO
be set. / ask in all justice that Mr.
Ruef be given reasonable time"
''It might be well to correct the I'M
preston of counsel that Ruef was first
officially informed this morning of the
prosecutions intentions" said Lang
don.
At this juncture A. A. Moore, sr.,
counsel for Patrick Calhoun, arose ana
demanded to know when it was the in
tention to place Calhoun on trial I'VE
want Mr.. Calhoun tried next, and as
soon after February 1 as possible
said Moore. He declared that Calhoun
was in New York, where his time was
valuable and that IL would be an in
justice to compel him to come to San
Francisco when perhaps his trlai
would not commence for many weeks.
The court stated that the order of
trial was a matter for the district at
torney to decide, but the latter vouch-
safed no answer to Moore's question.
Denies Both Motions
Judge Lawlor then denied both the
motions of the district attorney to con-
\ tinue the cases until next Monday say
ing the court had been idle for several
weeks and also that of Keane asking
for more time. and continued all cases
until Wednesday morning to be set.
Keane again arose and made a vigor-
Gus protest, but in vain.
"The time L. too short" said he "It
viii be very difficult for the defendant
to secure counsel. We spent all day
yesterday in selecting counsel Mr.
Ruef has relied upon the assurances of
the prosecution that he need not pre-.
pare for trial, in fact, the direct state
ment was made to him that these cases
would be dismissed.
Louis Glass. former vice president
(Continued ON page two)