| Show GRAFTING NOT PUBLIC OFFENSE Holding Up of French Restaurants Restaurants Restaurants rants in San Francisco Con No Crime AND RUEF GO FREE Trial friar Judge Dunne Severely The 1110 or of tilt Uio Court limey Hency Will AVill Keep Keci nOl lit On San n Francisco Jan JaI fl The judg ment mont and order lire ore and tho trIll trial court Is in B to sustain the tho demurrer to the tho indictment and din lIs charge charo the defendant tin n to 10 such in This hl ryas the tho decision handed 1 down lawn today by b tha ha district court of ot reversing tho judgment nt of f lilt tho trial court in I the tha case caso of former Mayer Eu gone elle I K h l to years ers in San sn QUentin on tho the charge f f extortion based bosel upon the tho alleged holding up tip of ot French m in Im the tho matter mattei ot or liquor Ml setting seHluS oldo the tho indictment rn cn u which his hl conviction w was us s had Tho Tito trial was made notable by 1 tho th appear r ot or Abraham A f the political dictator who the municipal administration and practically In Jn as na a a witness against the mayor maor testifying that ho lie h laud hail paid I old him his share 2600 of or tho the t tOO received Tec by Huot front from the tio French I In order that would permit tho board of police com eam to matte Issue liquor lIeen es to them had hud previous to thin dra dramatically dra pleaded guilty guilt to the same samo charge charre at the same time making tho tim enigmatical that he was vas In Innocent Innocent Ind GROUND OF On the ground that tho the did not show that ul m public offense vw wad 1 committed because b It did not allego allege any threat to Injure property properly the court holding that a n liquor license won vos not property but mt titer mere ro that a R throat to 10 prevent the obtaining of or a n Manor liquor license by b one oho had no authority In lu tho the promises did not con can on a throat threat against property and because of numerous errors In the th ml Ing lag of or the trial Judge Superior Judge Frank H Dunne tho appellate court coot held that tho the Indictment was Wn Invalid and the tho conviction null mill and void In effect tho court held that tree iraa as not given a n fair and Impartial trial hial I Anions the errors of the trial court as ns boing cause causo for to reversal the tho appel appal appellate late lute court in lu Its decision about enumerates tin tho following That th the court under the defendants objection allowed allow 1 tho the prosecution to challenge two jurors after they tho had hull been nc na and sworn shorn without any Iny pro proper proper per cause being shown or o even stated that the court permitted tho the tiling filing of oC affidavits aIt disqualifying tho and coroner M RII officers to take charge e of C the jury jur and appointed nn an for that purpose o the affidavits J wore were fret served uPon tho the defendant and refused to allow the tho defense to file Illo counter affidavits the tho diner named 1 by b the tike court was prejudiced biased and a II personal enemy onomy of or the tho defendant the admission by the court courtot of ot tim evidence of ot five nc wit vit witnesses nesses that tho the court admitted Iho testimony of in when It did not cadence in tun rebuttal and upheld the tho In Injure Improper Improper per eros of Iho ilia defend lint ant and that tho the court I Urt erred In lit over oer overruling ruling tho defendants e demurrer to the tho Indictments NOT A Whale the cle lion was wan not hot n t wholly a n surprise oven even to the tho prosecution and had been fre I predicted by Iy for some time It did not mot h felt fall to cause cau tI of ot a n son sen sensation and was tho the solo topic of ot con coneN eN today The lon will have noro ot of the tho other tour four Indictments charging barging as well aa oa Rued nUt with extortion and random void tim the plea plen df guilty made by b aa na tho the appellate court held heId that no crime was committed Hv fly n this reversal It is feared that tho prosecution cution has hAn lost loat its It hold h ld upon Ruef and It was freely predicted to tonight tonight night that the former political bass bosa would now till all overtures for fo im immunity wholly or in part to testify In inthe tho the cases and light ev err every e ery cry Indictment against t him JIlin Although the tha court co ordered discharged from custody on the tha extol tion indictments neither nor can take taka advantage of nt tho the rever revor reversal sal lial for far CO 60 days and uno oven aven then there thor thorIs Is little likelihood that either of or them I will wilt be ho able to tu get Iret th the enormous ball required for their thel release There Thero aro 1110 still pending against RuoC Indict mania monts charging bribery on which th tho total ball Is and would have to got get bonds for on In the 40 Indictments that remah it u him The prosecution lies has 20 days In which to ask tho the api appellate court for to I n II re JC rehearing rehearing hearing of ur the appeal and thin court line him 10 ID days dayt In which to decide the motion mollon The appeal would then go lo to lotho tho the supreme court where tho the same lIme length of ot time would he bo required be before before fore tore the decision of or today can go so Into effect Superior Judge Dunne before whom Wilt was convicted and Rue Ruef plead od ud o guilty did not to criticize the action of or the tho higher court Ho said TRIAL JUDGES COMMENT It U is It to be bo regretted that the hear heal tag of or this camo up a 11 acourt acourt court whoso whose members have relatives und Had intimate friends against whom nanny many man indictments were returned by tho the grand Jury jUl that returned Iet those these true trUo bills hills In view viel of at these facts I do not believe hell e that the court was in the tho proper framo frame of mind to this thin matter an at im ha impartial In partial consideration and und decide It t strictly upon its lis merits I I Iun am an satisfied that the tho evidence and tho the law In w tho the judgment and the verdict I 1 will further say that tho the Jury JUI which re returned returned turned this verdict In with the tha evidence and aud the law will he bo ro re remembered with respect re and honor In Inthe Inthe inthe the community long after tho the court which set aside the time verdict lilts has been Both Schmaltz anti and Itu r when then seen at tho the county Jail tonight refused to tomako mako any statement or comment upon ul an anthe the decision Francis J Honey Hene assistant district attorney who prosecuted Schmaltz ar nr arrived rived lived this morning from Washington and left tonight for tOI Portland Or td t take charge ot of tho the Oregon land fraud cases eliell there Soon after his arrival ho was pas apprised of or tho action of ot the tho ap appellate court told and a n that lasted lusted from 2 until B G followed I In the tho district attorneys office between Honey Hone Rudolph who 1 tho the investigation and end prosecution Special Agent William WilliamJ J Bums Buns and Dial Atty All William H HI I Langdon and several of or his hi assistants At Jt this conference tho rho effect ot of tho the de tie Ii iou of ot tho Uto appellate court upon UllOn th the prosecution and anI u a course courno e of ot action were discussed at great grent length When trio tho conference broke broko up In order to enable Heney Honey to catch his hili train for tor Ore son the tho announcement was madu ma lJ that no Ito statement would bo be given out and that the tho district dl attorneys would adopt n a policy polle of silence in regard to its ItH future plans Neither Langdon nor not Honor Heno would even whether or not an appeal would b bu taken to the tho court from tho the decision ren rendered dered tiered by tho the court of or appeal WHAT SAYS Tho prosecution has hns not nat bean em In the tho slightest by this deci doci decision sion slon said sabi sl Heno Thero There are nm plenty of ot other indictments against 11 both S and Ru Rust Hur HurIt f fIt It Is not the tho province of or tho trio dla dis district Met attorneys office to criticize tho Iho action of ot tine the appellate court de ele declared dared I langdon There Thera are a few other Indictments IndIctment against and Ruef Huer which cannot bo ho interpreted a a as not constituting a 11 public offense t 3 twant want to say that tho the prosecution of or tbt cases will be vigorously renewed and pressed to a I conclusion QS as a rapidly ae ns possible The l he various ru rumors moms mors and reports to the effect that tho the cases casel will ba he abandoned lI and und that hat the tha prosecution Is IR going to pieces that are being circulated for tho the purpose of or em un ua and creating a 0 sentiment of pt It antagonism and indifference arc ar without tho slightest foundation Ho lied Hono nay noy no may die but tho the prosecution will m ti IrO go 0 on Just the the t m m it may mal dlo mile V but not H t u 11 le lIf at f till the in grafters 11 escape Just Ju t what notion wan do hell upon at Mio tiro this on I 1 mn nut nut not to tn wy say II it that will ba be given out in m 11 |
