"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
The day passed without the defendant's whereabouts being discovered.
Sheriff O'Neil reported that he had been unable to find the fugitive,
but expressed his belief that he would be able to do so eventually. With
that understanding court adjourned for the day.
The day following, Ruef's attorneys appealed to the State Appellate
Court[148] for a writ of prohibition to prevent Judge Dunne and others
from further proceeding against Ruef in the extortion cases, and to show
cause why the writ should not be made permanent. Ruef being in hiding,
the application was not signed by the petitioner. The Appellate Court,
after twenty-four hours, denied the petition. Ruef's representatives
then went before the State Supreme Court with the same representations.
And here, again, eventually, Ruef lost.
In the meantime, Ruef had not been found. The day following his
disappearance, Judge Dunne disqualified the Sheriff and named the next
officer in authoritative sequence in such matters, the Coroner, W. J.
Walsh, as elisor, to arrest Ruef and bring him into court.
Coroner Walsh had no better success than had Sheriff O'Neil. Ruef had
disappeared on the night of Monday, March 4. On Friday, March 8, after
three days of unavailing search by O'Neil and Walsh,[149] Judge Dunne
disqualified Walsh and appointed William J. Biggy[150] as elisor to
arrest the fugitive.
Within two hours Biggy, accompanied by Detective William J. Burns, had
located Ruef at a road-house in the San Francisco suburbs and had placed
him under arrest.[151]
Having taken his man,[152] the elisor was at a loss to know what to do
with him. To put him in the city prison was to turn him over to the
police; to put him in the county jail was to turn him over to the
Sheriff. The Chief of Police was even then under indictment with Ruef, a
co-defendant; the Sheriff had been disqualified. The only alternative
was for Biggy himself to hold Ruef until the court could act. Biggy
accordingly secured suitable quarters at the Hotel St. Francis, and
there held Ruef a prisoner until the following Monday, when he was taken
before Judge Dunne.
Judge Dunne refused to admit Ruef to bail, remanded him to Elisor
Biggy's custody, and continued his trial until the following morning,
Tuesday, March 12.
Ruef immediately made application to the Supreme Court for a writ of
habeas corpus, asking to be released from the custody of Elisor Biggy
and placed in charge of the Sheriff. But here again Ruef was defeated.
Elisor Biggy continued his keeper for many months following.
Ruef, after his appeal to the Federal Supreme Court, had exhausted every
legal device known to himself and his attorneys to escape trial in the
extortion case pending before Judge Dunne.[153] His last recourse gone,
Ruef found himself brought face to face with trial before a jury. On
March 13 the selecting of jurors to try Ruef began in Judge Dunne's
court.
Public-domain text, read in full here on John Shaqi.
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