Show RUH RUEF ASKS FOR HABEAS CORPUS Accused Attorney Weary Neary of Ii Close Watch Kept Upon Him by Elisor Biggy LONG PETITION IS FILED CLAIMS HIS DETENTION IS IL ILLEGAL ILLEGAL ILLEGAL LEGAL San Francisco Cal April 1 IOn On the of extort extorting extorting eve of his trial on the charge charle ing In from French restaurant keep keepers keepers ers era of this city cit which is to begin tomor tomorrow tomorrow tomorrow row morning before Judge Dunne in the superior court Abraham Thief Rue today ask asked asked ed ro the supreme court of o California to free rree him from the custody custod of Elisor Biggy and order him into the charge of the sheriff sherif whom Judge Dunne disqualified on the ground of personal Interest bY bv his attorneys Short ridge Aril Ah I Fairall and Murphy filed flied in inthe Inthe Inthe the higher court an all application for a writ of habeas corpus so extensive In allegations arguments arg and citations of authorities that it occupied typewritten pages and embraces sixty two Iwo subdivisions Alleged Alleg d Illegality sets up that his imprisonment de do detention detention and anti curtailment of liberty libert by Elisor Biggy Big In III the thc house No 0 Fill Fillmore Fillmore Fillmore more street are an illegal that his case ca e was in court for four months prior to March MarchI 4 1 I and anti that on that date dat being indis indisposed Indisposed Indisposed posed he concluded to visit the Trocadero Trocadero Trocadero dero a suburban resort and there thero recuperate recuperate recuperate believing on oti the advice pf of his hie hl counsel that his Ills presence In court was not required owing to an appeal taken by b bhim him to the supreme court of the United States that thai he lie was there arrested with without without without out legal right that he has applied to l Judge Dunne for admittance to lo bail bait and been refused that he is 4 12 I years ears of age has lived livell in San Francisco all his life has been engaged in the practice of the law for twenty years and has large busi business business I ness Interests at stake that he lie is con constantly conI I f and minutely watched by b eight private guards and the court elisor all I of them bearing firearms all of or them employed employ d by b Rudolph Spreckels Francis FrancisJ FrancisI J Heney and William J Burns and all allot I of ot them paid out of a private fund of oC raised and guaranteed by b Spreckels eta els Privacy Denied Him j That Thai this Indictment by b the grand jury jur was instigated and caused by b Spreckels I Honey Hene and Burns that Spreckels Honey Heney I and Judge Dunne are arc his political ene one enemies roles mies that so strict Is the espionage I maintained over him by bv his guards that I it is impossible for him hh to have hae privacy I even e n in conversation with his attorneys except by whispering softly soft that he has hasi i complained to Judge Dunne through his j counsel and been refused more liberty j I that persons who arc to te be witnesses In If j I his defense ire to not permitted to visit and i converse with him in the Iho preparation of his defense that he lie is compelled to sleep In it a bed 4 guards oni wherein lights are kept burning all aU night that he lie Is practically In a state stale of soIl soll solitary tary lary confinement not even his attorneys attorney being allowed to lo visit him except at the discretion of the elisor that thai he ho is being punished imprisoned and humiliated be before before before fore tm and that he lie cannot properly proper prepare his defense under existing condi conditions conditions tione of confinement that all this Is 15 be beIng beIng being Ing done for the express purpose of hin hindering hindering hindering dering and hampering himself and h hi counsel coun el In tha preparation of his defense Held Without Bail That he ho is not held by lawful author authority authority ity It that he is held without ball bail on the th ground that thai t at his trial has begun under section 1129 n of the penal code which IS s unconstitutional and of the thc fifth I and eighth amendments to the constitution llon tion of the United States and of oC section I 6 of article 1 of the constitution of Cali Call California California fornia forum referring lo to bail and to lo cruel and unusual punishment that he Is being j cruelly ruell and unusually punished He asks to be bf discharged from the custody custod of or the elisor on reasonable bail ball and to be then ordered Into the custody of or the sheriff and that pending the hearing of this pe petition petition an order of the court be made di directing directing the elisor to permit any an one per person person person son at a time to visit and talk to him within reasonable hours and to permit any person to visit him upon written or order ort order t der of his attorneys and to lo permit him himI I to lo consult freely freel and openly with Ith his at al attorneys outside of the hearing of Elisor j Biggy BI gy and his guards Tie T e supreme court took no action upon the application today toda not even Issuing an alternative writ Los Angeles Witnesses Edwin T Earl o er of or the tho Los Ios An Angeles Angeles geles Evening Express and Dr John R H HHaynes Haynes Hanes president of the civil service of Los and of or the direct legislation league e of California were ere among amon those who presented them themselves themselves selves today for interrogation lion by the grand jury Both had b 4 n subpoenaed without the knowledge of oC Assistant A Dis District District District Attorney Heney V according to lo a statement by the prosecution and Dr Haynes Hancs had been sUbsequently excused by b wire but the tho telegram did not reach him Mr Earl and Dr Haynes came early In Inthe Inthe inthe the day to the office of or Mr Heney and antI had a private interview with him At AtUs Its Us conclusion Dr Haynes Hanes was excused from attendance on the grand jury and Mr Ir Earl Barl was requested to remain and testify inasmuch as he was a director ol or orthe the Western Vestern Trust company com pan the Los An Angeles Angeles geles corporation which was organized for forthe forthe forthe the purpose of writing the bonds of the Home Telephone company of or San Francisco Mr Heney said I r excused Mr Haynes because I was satisfied he knew nothing whatever of the affairs under in I asked Mr Earl to appear because be I 1 I thought he lie might be able to enlighten the Jury on certain Home Tele Telephone Telephone Telephone phone company matters mailers I afterward learned that Mr Earl had no knowledge at all of wrongdoing In connection with either the Western estern Trust company or the Home Telephone company com pan lIe He answered readily the questions put to him in the tho jury room roum but he could add nothing to I the because he knew noth nothing inc ing in |