The San Francisco call., 1910-07-01
RUEF MAY RETURN
TO COUNTY JAIL
Judge LawIor Orders Boodler to
Appear Before Court To-
morrow
Reported Improvement in Health
May Result in Curtailment
of Liberty

Abe Ruef may have to return to
the county jail Saturday night and
| there take up his residence pending
| determination of his appeal. Judge
Lawlor of his own motion yesterday
cited the big boodler to appear in
court at 10 o'clock tomorrow morn
ing and show cause why he should
not be remanded to the custody of the
sheriff
Ruef has been at liberty since De-
cember 2, 1909, on 100000 bail. Judge
/ Cabaniss having opened the doors of
the county Jail to him during the abb
sence from the state of Judge Law
Ior The convicted bribe giver had at
that time been in custody almost a
| year. having been convicted December
10, 1908
The grounds upon which Ruef based
| his petition to be admitted to bail
were that he was in III health. that
! members of his family were sick, and
| that he required time and opportunity
| to confer with his attorneys in pre-
pairing the bill of exceptions upon
which his appeal was to be taken. The
bill of exceptions has now been signed
and fled with the district court or
appeal. That reason for his liberty
therefore no longer obtains. The IN
quiry before Judge Lawlor tomorrow
thus will have reference to the health
of Ruef and his family. 1t is said
that Ruef is now in much better physi-
cal condition than when he was I'D
Grated by Judge Cabaniss.
FIRST MOVE BY LAwLOR
When Judge Lawlor returned to the
state at the end of last year and
learned that in his absence Ruef had
been admitted to bail he refused TO
make any statement as TO his views on
the matter. The order to show cause
signed yesterday is the first indication
the Judge has given of his objection
to the convicted CRATER remaining a
free man.
The attorneys for Ruef say they
will make the contention that the same
conditions as to Ruef's health exist
now as at the time he was admitted TO
bail George Keane said yesterday
that Ruef was leaving his physicians
office at the time the order was served
upon him. The order@to show cause as
prepared by Judge Lawlor is as fol-
lows:
RESUME OF PROCEEDINGS
1t appearing that the indictment
in the above entitled cause was
presented and filed in the said su-
the defendant pleaded not guilty
thereto on June 20, 1908, and that
upon the trial of the general Is
sue the jury, on December 10, 1908,
rendered a verdict of guilty as
charged in the said Indictment;
And it further appearing that
December "a, 1908. interposed by
the defendant in the cause;
And it further 5n ,a1s aa1pspefabring fba gnotfo1 tha5
for new trial was ordered de-
MED:
Ans it 5urthsr ss yg5s sg5gsarndE adEgmeat eat
was pronounced on the verdict and
the defendant sentenced to q term
of IA years in the state prison.
And it further appearing that
after the said judgment was pro-
nounced the defendant was re-
manded to the custody of the
sheriff of the said city and county;
HISTORY OF RUEF's APPEAL
December 20. 1905 an appeal was
taken by the defendant from the
order and Judgment to the district
court Of aglRsai 5glRsaiet n ana Tor 'ne nrst
And It further appearing that
the said cause was, on March 26,
1908. assigned to department lent IL d oI
determination, and that the Hon.
William P Lawlor. Judge of the
department, presided over the pro-
And it further appearing that
the Hon. William P. Lawlor was
absent from the state of California
from October 9, 1909, to December
And it further appearing that on
Noyember 80 1sog tfe fee snernr
court seeking the release OF the
defendant from custody pending
the determination of the appeal;
upon the ground of the state of
his health at that time;
CABANIss GRANTS PETITION
And it further appearing that on
December 2, 1909, the Hon. George
II. Cabaniss, then and there the
presiding. judge OF the superior
granted and that the defendant be
admitted to bail pending the de-
termination of the appeal;
December 2, 1909, the Hon. George
H. Cabaniss accepted and approved
of an undertaking on bail in pnr-
mitting the defendant to bail, and
ordered that the defendant be dis
charged from custody pending the
determination of the appeal, which
order was by the sheriff executed
on December 2, 1903;
And it further appearing that
ever since December 2, 1909, the
defendant has been and now is at
large under and by virtue of the
said order in the said cause ad-
hitting him to bail pending the
determination of the said appeal;
And 1t further appearing that on
or about May 20, 1910, all the bills
of exception in the said cause on
the said appeal were, by the said
Hon. william P. Ilawlor duly set
tied. allowed and approved and filed
with the clerk OF the superior
court;
APPEAL NOT DETERMINED
And it further appearing that on
June 27, 1910. the clerk filed in
the said district court of appeal
the printed transcript on appeal,
constituting the record on appeal
in the cause:
And 1t further appearing that
the appeal is still pending and un-
determined;
Now, therefore. it is hereby-or-
dered that the defendant be and
appear before department No. IL
of the superior court. at the court
room thereof, in Carpenters hall,
130 Fulton street, at 10 a. m, Sat
urday, July 2. 1910. then and there
to show cause why he should not
be remanded to the custody of the
sheriff pending the determination of
the appeal