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Show RUEf FIGHTING TODAY FOR CHANGE OF TRIAL JUDGES FOR HIS TRIAL BAN FBANCISCO, March 13. Judge . Dunne's court was crowded, all the seats, and standing room being occupied, when . the case of the people against Abraham Suef, accused of extortion, was called for trial today. Assistant District Attorney At-torney Heney offered and filed counter affidavits of Judge Dunne, Dr.' Robert Patek, and F. J. McManus, in contravention contra-vention of the affidavits of Buef and Paul M. Nippert, alleging the bias and prejudice of Judge Dunne toward the defendant, filed last Sunday by the defense de-fense to lay foundation for a request for a change of trial judges. Ach, of counsel for Ruef, Interrupted Heney with a motion for a change of trial Judges and asked for an adjournment of court to enable the defense to examine the affidavits of the prosecution and determine de-termine whether they required the filing of other affidavits in answer. Heney opposed this motion on the ground that allegations of bias and prejudice pre-judice on the part of a trial Judge constitute consti-tute a summary proceeding. He then proceeded pro-ceeded to read his own affidavit, when Ach again Interrupted and objected to Its being read aloud in the hearing of the nineteen talesmen present in court. Heney conceded the point and handed the affidavit affi-davit to Judge Dunne,, who read It Silently. Si-lently. The affidavit of Dr. Patek is a flat contradiction con-tradiction of, the affidavit of Paul M. Nippert, the local representative of the Eastern bonding company that furnished Ruef's $50,000 bail, which was declared forfeited after Ruef went Into hiding at Trocadero. In his affidavit Nippert swears that in last September, when he and Judge Dunne and Charles Ieonard were spending a vacation at Bunnelle, a fishing resort in Plumas county, in a three-cornered conversation, Judge Dunne averred his belief that there was n great deal of grafting going on in San-Francisco- and denounced Ruef and Schmltz as grafters. Dr. Patek. in his affidavit, swears that the remarks attributed by Nippert to Dunne were not made by the latter, but by Nippert himself. He further affirms that "on the contrary. Judge Dunne made no statement that any grafting was going go-ing nn and made no statement at all as to his regard or lack of regard for Abraham Abra-ham Ruef or Eugene E. Schmltz or denounced de-nounced them or even mentioned their names: and during this conversation no one except Nippert expressed any bias or feeling against Ruef and the Mayor; and that not even he or Nippert called the Mayor by name." |