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Show STATE IS SCORINQ IN JEPS CASE Yet Alleged Political Grafter of San Francisco Continues in Hiding. COURT BLOCKS MOVES FOR SECURING DELAY Attorneys for Accused Say They Will Not Produce Their Client for Trial. SAN- FRANCISCO, March 7. Mayor Eugene E. Schmltz appeared before Superior' Su-perior' Judge Dunne tod3y and pleaded not guilty to four IndlctmentE charging him with extortion. By agreement of counsel, next Monday was designated as the time when a date for his trial will be sot. Success -was with the prosecution at almost every turn in today's developments develop-ments In the Ruef extortion case. The most notable instance was In the District court of appeals, where Justices Cooper, Hall and Kerrigan denied Ruof's. application appli-cation for a writ of prohibition to restrain re-strain Judge Dunne from any further proceedings against Ruef In the Superior court, pending the determination of the accused man'6 appeal to the United States Supreme Court for a permanent writ of error, the effect of which. If granted, would be to summarily postpone the entire prosecution. While the attorneys for Ruef who Is still In hiding, supposedly In or near San Francisco wore hopefully awaiting the decision of the apporil court. Judgo Dunno proceeded with the two cases of perjury and conspiracy against Ruef and Chief of Police Dlnan lie was obdurate to tho endeavors of Attorney Shortrldge to win delay for Ruef. Motions to strike the case from tho files and to Eot ankle the Indictments wcro denied; and to oscapo the Imminent necesnlty of ploadlng at once. Ruef'F counsol entered a demurrer which had been previously prepared to meet this emergency should It arl?e. Arguments Ar-guments on this were set for tomorrow morning. Unable to rind Ruof. Coroner Walsh, delegated In Sheriff O'Neill's BtCHd lo apprehend Ruef, after the court hod declared the Sheriff incompetent, in-competent, reported his falluro and was given until tomorrow morning to make good. Falling then, Judgo Dunne will probably appoint an elisor to bring the fugullvo Into court. Shortly beforo 5 o'clock this ovonlng counsel for Ruef made application to the State Supreme court for identically the same writ of prohibition refused earlier In the day by the District Court of Appeals. Ap-peals. Ponding Ihe determination of this move. It Is tho purpose of Judge Dunne to go right ahead with the case; and It Is t ho Intention of counsel for tho de-fenso de-fenso not to produce Ruef In Judgo Dunne's court while the matter thus stands. Samuel M. Shortrldge suid tonight: to-night: "We shall not produce our clinl, because be-cause we recognize no legal requirement so to do. Wo look upon all of t he present pres-ent proceedings before Judge Dunne as null and void and of no ultimate effect whatever. We deny that be lias Jurisdiction Juris-diction In the case. We claim that when the Clerk of the CIrcull Court of Appeals, Ap-peals, as the representative here of the United States Supreme court, allowed the filing of our appeal to the highest court In tho land, that act became of itself a complete bar to the trial ('. Ruef In a lower court during the pendency of the appeal Hence Ruef Is not a fugitive from justice, and is under no legal obligation obli-gation to present himself for trial before Judge Dunne." The District Court of Appeals handed down no written apponl In refusing Ruef's application for a writ of prohibition, but after the denial hod been entered, Justices Jus-tices Cooper, Hall and Kerrigan made the following statement to the Associated Asso-ciated Press: No Federal Questions. "We have denied the application because be-cause the writ of error did not lie In Judge llebbard's court and because there was no ground for debate." Assistant District Attorney Ilcney, Interpreting In-terpreting this statement said: "This means that In the opinion of the appeal court no Federal question was involved, in-volved, that henco tho writ of error on which appeal has been taken to the Supreme Su-preme court at Washington should not have been granted by Judge Hcbbard (of the Superior courO, and that, therefore, the aPDcal court could not restrain Judge Dunno from proceeding with the I rial of Ruef. "We aro not greatly exercised about tho disappearance of Abo Ruef." continued con-tinued Heney laughingly, "lie's not far away. And If the Coroner does not bring him hilo conn at 10 o'clock tomorrow i morning, I shall request tho court, lo appoint an elisor not Mr. liurns, but Home citizen who Is not u partisan, and yot a man who will do his duty. We shall get Ruef Into courL" |
