"The System," As Uncovered by the San Francisco Graft ProsecutionHichborn, Franklin
History
"The System," As Uncovered by the San Francisco Graft Prosecution
Hichborn, Franklin
Political corruption -- California -- San Francisco; San Francisco (Calif.) -- Politics and government
Ach, representing Ruef, denied that the Federal question had been
presented. Johnson insisted that it had. An unfortunate scene
followed.[144] Hebbard showed symptoms of intoxication. Johnson, Langdon
and Heney finally refused to participate further in the proceedings and
walked out of the courtroom.[145] The withdrawal of the District
Attorney and his assistants did not delay Judge Hebbard's decision. He
denied the writ Ruef prayed for, but he allowed an appeal from his order
to the Supreme Court of the United States, and admitted Ruef to bail
pending that appeal.
One of Ruef's attorneys filed the writ of error issued by Judge Hebbard
with the clerk of the Federal Circuit Court. May 2 was set as the date
for the appearance on the writ of error before the United States Supreme
Court at Washington.[146]
The Aetna Indemnity Company had furnished Ruef's bond. This company
surrendered Ruef to the Sheriff in the forenoon. In the afternoon it
furnished the bail that had been imposed by Judge Hebbard.
Ruef, in Hebbard's order granting him opportunity to take his case to
the Federal Courts, had basis for further struggle in the courts to
evade trial. But he undertook a new move. After leaving Hebbard's
courtroom on the afternoon of March 4, Ruef dropped out of sight as
completely as though the earth had opened and swallowed him.
For three days the regular peace officers of San Francisco searched San
Francisco for him but they did not find him. When Ruef's case was
called for trial in Judge Dunne's department on the morning following
the proceedings in Judge Hebbard's court, Ruef's attorney, Samuel M.
Shortridge, was present, but not the defendant.
Shortridge was in the position of an attorney in court without a
client.[147] After a wait of four hours, to give Ruef every opportunity
to make his appearance, Heney moved that the bonds of the absent
defendant be declared forfeited, specifying the bonds originally given
as well as those furnished in the proceedings before Hebbard.
Judge Dunne, in ruling upon Heney's motion, stated that he was
proceeding as though the proceedings before Judge Hebbard had not
occurred. Those proceedings, he announced, he felt were under a species
of fraud. He ordered Ruef's original bonds forfeited and took the
question of the forfeiture of the bonds in the proceedings before Judge
Hebbard under advisement. He considered it his duty, he said, to proceed
with the trial of the case until ordered to desist by the Supreme Court
or by the Court of Appeals.
Attorney Shortridge announced to Judge Dunne that in proceeding with the
hearing he might find himself in contempt of the Supreme Court of the
United States. Judge Dunne stated that that would not embarrass him, and
in any event, he would not proceed with the matter until the defendant
was in court.
Public-domain text, read in full here on John Shaqi.
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