Oakland Tribune from Oakland, California • Page 2

MONDAY EVENING' OAKLAND TH1BUNE. MARCH 11, im. ATTORNEY OF THE THAW FAMILY ON THE STAND Frederick IV. Longfellow Is Called Upon by District Attorney Jerome to Give Information. FRAUD IS ALLEGED AT i MUNICIPAL ELECTION 1ST ANSWER Illegal Voting Charged and Complaints YHGltlN Are Issued by the District Jf Attorney.

Fait- Witness Accused of Perjury to Explain to Superior 'Court. (Continued from Pag One.) The withers said she ha telephoned Miss Grace Eaton, the woman, with The following ticket has been elected withoit question! MAYOR FRANK K. MOTt AUDITOR I. GROSS TREASURER RICHARD B. AYER CITY ATTORNEY E.

M'ELftOY CITY ENGINEER F. C. TURNER COUNCILMAN SECOND WARD A. H. ELLIOT COUNCILMAN THIRD WARD JOHN F.

MULLINS COUNCILMAN FIFTH WARD; H. PENDLETON COUNCILMAN SIXTH WARD. WILLIAM J. BACCUS In the wards where contests were waged the light vote presages a Republican victory. Henrv T.

Burns, Eugene E. Stachler, Dr. F. F. Jackson and Oliver Ellsworth are thought all to have been elected Republican Council-meh at large, although Councilmen Fitzgerald and Thurston, who are seeking to be elected at large, are said to have polled large votes.

The following have probably been elected to the Coard of Education on the Reoublican ticket: First Ward Dr. A. S. Kelly; Second ward Cat M. Orrs Third ward Edward E.

Crandall; fourth ward M. C. Nunan; Fifth ward F. M. Greenwood; Sixth ward Charles H.

O'Connor; Seventh ward If you are Ready For the New Spring Styles, the New Spring Stylet are ready for you. You will find our stock the most fascinating in style and the most satiefattey in priee. Suits Coats Millinery NEW YORK, March 11. With the Thaw trial entering Its eighth week today, District Attorney Jerome began the real work of the prosecution the offering of testimony In rebuttal of tho defense built up by Thaw's attorney. The state's case, which concluded In les than two hourss after the Jury panel had been completed, 'consisted simply of the testimony of eye-witnesses to the tragedy.

THAW ATTORNEY CALLED. The first, witness called by Mr. Jerome today was Frederick W. Longfellow, one of the Thaw family attorneys, who was called by the defense some time ago to identify certain letters which Harry Thaw wrote to him In 1903. Today Mr.

Jerome wanted him to Identify a letter handed him by Kvelyn Nesbit Thaw upon'her arrival from Europe late In 1903. Mr. Longfellow met Mrs. Thaw at the ship when It docked October 24. Mrs.

Thaw upon the witness stand said she could not fix the date or the name of the steamer. Mr. Longfellow said he had acted as Thaw's attorney for some years prior to June 25, 1906. "Did you represent this defendant In the suit of Ethel Thomas against Harry K. Thaw?" asked Mr.

Jerome. Mr. Delmas objected but Justice Fitzgerald ruled thai the witness James A. Plunkettj at Targe Chsrles H. Reddirlon, A.

L. Hannaford, ur. J. ts. wood, Frank L.

uove. It is also probable that the following Republicar candidates have been elected to the Board of Library Trustees: John Mellon, Dr. Harry P. P. Kurdtz, A.

Morrow. Skirts Waists You Will Like Our Credit Service Carleton, Dr. O. T. Wiison.OTiVsBenjamin gue candidate.

Friends of AltkeX are confident that he has won out. There was a heavy vote cast throughout the ward. Both candidates take this as a good sign and are confidently awaiting the counting of the ballots. FITZGERALD FIGHT. The only other fight that attrnet-d interest was the struggle between O.llven Ellsworth.

Re-publican nomine frdm the Third Ward for c.juncllnian-at-large and George Fltgerald. Union Labor. Democratic and Independent candidate, for Councihnan-at-large. As both hail from the same ward they are in natural opposition. Ellsworth relies upon the fraternal strength of the Re- GOLDBERG RUEFS APPEAL DENIED IN THE SUPREME COURT Crowds Fight With Police in Effort to See the Accused Appear Before the Judge Stores: Van Ness Ave.

and Sutter 2829 California Street 1401 Halght Street Oakland: 13th and Clay Sts. SPECIALS Monday Tuesday Wednesday Vienna Blend Coffee Try it once you'll buy It again 2 lbs. Corn Sea 2 cans .25 .45 .25 quality; sweet, natural doz. 1.25 German Noodles. package ,20 "Knorr's" Medium, small.

Soups "Franco American." be better. Doz. 3.50j large cart Eastern Cheese "Martin's" 1 Full cream Herkimer County, N. 2 lbs. Bar-le-Duo Currants French preserve .30 .25 .25 Hammamelis Extract Witch Hazel Small .15, medium .25, large Candy Buttercups, peanut and raspberry waffles, butterscotchi fruit tablets, chocolate and cinnamon wafers lb.

vira time 1 "IMd any of the conversations relate to any affidavits askeS Mr. Jerome. Me. Delmas renewed DELMAS' OBJECTIONS. "Evidence which is introduced for the purpose of showing that Mrs.

Thaw's story Is untrue. Is of course not admissible," said "but evidence tending to show that she never told this story to her husband Is clearly admissible. But I cannwt see that this is anything but an effort to controvert the truth of what she; says she told her husband." Justice Fitzgerald ruled that thi witness might answer whether or no)t his conversations over the with Evelyn Nesbit had to do with the, affidavit. "They di-3 not," said Mr. Longfellow positively.

Mr. Jerome then showed the witness the photographic copy of a portion of the Hummel affidavit and another document and asked. PRODUCED THE COPY. "Are you familiar with these and the writing of Mrs. Evelyn; Thaw." Mr.

Delmas demanded to see the documents. Mr. Longfellow saldhe thought he could recognize Evelyn Thaw's handwriting. "Did she ever deliver to you." continued Mr. Jerome, "a paper subscribed to by her, the contents of which were the same as the copy 1 have shown you?" Mr.

Delmas objected. "Did she ever deliver a paper to you which she had subscribed to?" asked Mr. Jerome. 'Yes, but you must understand I a.n not referring to the paper you have handed me. I have no reference to that whatever." "What did you do with the paper?" Mr.

Jerome demanded from Thaw'i lawyers the production of th paper. Mr. Delmas hotly retorted that Mr. Longfellow had delivered to counsel no paper similar in arty way to the une in question. "I prefer to take the statement of the witness," said Jerome.

"He $3 undei oath." DELMAS WAXES INDIGNANT. "That Is an unnecessarily ir.sUiiin? remark," said Mr. Delmas, "You find out that tho witness did' not de- liver any such paper to us." uiq kveiyn Thaw ever give you a document signed by herself in the form of an affidavit?" asked Mr. Jerome. "Not to my knowledge.

To the best of my knowledge, I never saw that paper before and know nothing aoout it." After this Mr. Longfellow was excused and Coroner's Physfrian Le- haney was called. "Did you find marks on his face?" asked Mr. Garvan. Mr; Delmas objected.

Mr. Garvan said the testimony was to contradict Mrs. Thaws statement that Thaw stood twelve feet from White when he fired. POWDER MARK ON FACE. "There were powder marks 'upon his face.1' Justice Fitzgerald surtalned an objection to the witness hazarding a guess as to how far Thaw might have been from his victim.

Officer Wright was next called. The witness said: "When I was in Madison avenue the night of the shooting I saw Thaw. I asked him what the trouble was. He said he wanted me to take him away from the crowd, to take, him to the station house." "Was there any more?" "Yes. When we were In Fifth aVenue scmeone unknown asked me if I knew the prisoner or what he had done.

I said I did not. I asked the defendant if he knew what he had done and he said he did. 1 asked him if he knetv who it was he had killed. He said he would say: nothing until he reached the station hoiise." lut actions rational or Irrational?" I "Rational." On croAs examination Mr. Delma asked thej witness a few questions as to when he had first told his story T-, tifle(j Mm chnt McCarthy, "and he reptted: 'I think I had better not say anything at pres ent.

"Were his actions rational or Irrational "Rational." Mr. Delmas asked: "Have you stated al. the conversation you had with the defehdant?" "Yes." "It took about as long, as it has taken you to tell It?" "A little longer, perhaps three times as long." "Did you make a record of "Yes." "Do you remember seeing Daniel O'Reilly, a learned counsellor, that evening?" "Not at that time." "Did you not pro to Mr. Thaw's cell with him that night?" "Yes." "Then you do remember seeing VJ JMMUV but later." It was not until an hour "Did Mr. Thaw at that tirri say anything about hearing the screams of unfortunate women upstairs?" i "Not in my presence." Here Mr.

O'Reilly approaches! Mr. Delmas and began whispering ta him. Air. Jerome jmped to his feet. "I object to counsel consulting here In whispers loud enough for the Jury to he said.

"I ha'd no intention or saying things for the jury to hear," said Mr. O'Reilly. "I don't suppose you did." said Mr. Jerome, "but they can't help hearing you. I can hear von mvseif." DELMAS GETS ANGRY.

Mr. Delmas and Mr. O'Reilly moved further away, but again Mr. Jeronn thought they were too close to the jurv. This caused Mr.

Delmas to lose his terii- cannot see whittle district attosney should be so Insistent. The Jury cannot hear what we are saying. I am surf, they have heard everything that the district attorney and his assistants have talked about sinr-e the case began." Justice Fitzgerald ranped for order and Mr. Delmas continued his cross-examination. "Did von tell M.

O'Reilly that he could not talk to Mr. Thaw except in the presence, of an officer?" The witness was not sure whether this warning was given or not. "Why are you so sure of Mr. Thaw's talk and not sure of that?" "Because 1 made a record of what the prisoner said." you consulted that record since?" "Y'es." i.He..sal,d be had been summoned to the district attorney's office about three weeks after the shooting. He swore his statement at that time was true, but wae not sure that a formal oath had been adminisered.

This ended the lurhen ws.s Wtere. 1 The trial, adjourned until tomorrow morning. whom Percy Pembroke is said to be Infatuated, and who Is accused of having perjured herself on toe, witness stand in the trial of Pembroke, In order that she might save the young man from going to the penitentiary, was held to answer to the Superior Court on a charge of perjury by Justice of the Peace Quinh this morning. FIXES BAIL. The young woman's bail was fixed at $2,000.

Her bondfcnen are John La Blanc and James Carroll of this city. The preliminary examination of Miss Eaton was held last week. It was then alleged that the fair defendant had sworru on the witness stand, in Pembroke's trial, that she had had a conversation with Sheriff Barnet in relation to Pembroke's case, which the official denied. Miss Eaton's arrest followed the giving of her testimony. GIT! Missis George E.

Moffitt Cannot Be Found by Relatives or Friends. George E. Moffitt. .1 ronlrat-r of this city, has drooped out of nzhi and relatives anil fiieiids are se-r-hinsr for him. Moffitt had the contract for the excavating and foundation for the Scottish Rite 'IVmple, F'nur-Uenth and Harrison streets, and also for the Arcade Hotel at Twentieth street and 8a Paii accounts are rot In any way incorrert.

T'i- work in whkb 'ie engaged remains unfinished. HER AFFAIRS Several Relatives of an Old Lady Stand Ready to Safeguard Her Fortune B. Frank Buzard, brother of Eliza M. Reed, has filed a petition in the Superior court asking that either K. C.

Kendall or himself be appointed guardian of his sister, because on account of old age she is incompetent to manage anSSO.OOO estate left her by the Clay street grocer who died in 1S05. Henry H. Watson has also asked for similar papers, but Buzard claims in his petition that was fljpd this morning by Attorney Fred Button, that neither he nor his mother sanctioned the petition presented by Watson, who is a son-in-law of Mrs. Reed. Invites Pleading Stranger Share Room Awakes Minus Watch.

to The philanthropy of William Iay-bourne of 421 Eighth street, resulted last night in his becoming the victim of a sneak thief. met a yourg man on the who claimed he wac homo'ess. L.tybourne's sympathy was ar-sel and he Invited the palhcffc stranger l. ihare his room him. This morn'ng Layuourne v.

okr up to find t.af his guest had departed, taking with him his host's watch. JUDGE SUSPENDS USUAL SENTENCE plea that he his liberty that he might exercise his surfraqres. was successful this in Police Judge Samuels' court fln the ca.e of Peter Jackson Peter Jackson. Jackson was arreted for drunkenness and he earnetly plea led that h. be allowed to vote.

Judge Samue's suspended Judgment ci the penitent man. CHINAMAN WHO GAVE BRIBES IS ON TRIAL Gue Sam Kee, sometimes called Ou Hay, la being tried before a. Jury today in Judge Ellsworth's court on two charges of bribery. On July 20, 190S, he Is said to have passed a $5 bribe to Officers McCready and Keefe while they were raiding the Celestial's gambling den. CHICAGO CLOSE.

CHICAGO. March 11. Close: Wheat May, (H77c; Julv, 78c. Corn Ma 47c; July, 46 c. Oats May 4142c; July.

37374c Pork May. July, J16.45. Lard May, 19.40;! July. $9.45. Ribs May.

$9.07 9. 10; $9.13 9.17 V' Rye Cash, 6SH70e. Barley Cash, 6537Sc. lax, clover and timottfy, nothing doing. PILES CURED IN 6 TO 14 DAYS.

PAZO OINTMENT Is guaranteed to cure any case of Itching, Blind. Bleeding or rromramg rues in to if aays tr mone refunded. 60c. CHICAGO WHEAT. CHICAGO.

March 11. Cash: Wheat No. 2 red. 7876Hc; No. 3 red 7476c; No.

2 hard. 7577c; No. 3 hard 6976Hc; No. 1 northern, No. 2 northern, 80 84c; No.

3 spring, 7G79o. Corn No. 4JH44c. Oats No. 2 424c: No.

3. 42c. FIRST RACE. 112 (Koerner), a to to 3. "Wllmore, 112 (Brown), 11 to 10.

1 to 1 to 4., i RusUer, 105 (Muagrave), 25 to 1. to 1. 7 to 2. Tl- AO Z-S. P.flM rap.

nr UU 1 MANAGE PHILANTHROPY GOES AMISS Galvanized Iron Wash Tub 65 Galvanized Iron Pail 10-qt 20 Mop Handle For brush or -mop .15 Coal Oil Heater- No. 2 The best Wines and Liquors Whisky O. O. F. Bourbon We bottle V.

Zinfandel Small bots. Claret Extra V. publican ticket to carry him through, while FitzgeralU is depending upon in prestige he derived as Councilman for the last years to him for him. It Is practically conceded that Eu gene Stachler. Dr.

F. F. Jackson ami Councilman Henry T. Burns win hp elected Councilmen-at-large for the ensulna term, although Eugene Thurs ton, the Municipal League candidate. Is said to have been liberally "upported.

OTHER CONTESTS. The other contests excited but little interest as the result was. a foregone conclusion. The vote in the Third. Second.

Fifth and Sixth Wards was very much lighter than ordinary city elections. from Page One.) court, and objected on the further ground that, pending the determination of Ruefs appeal to the Supreme Court of the United States, the Superior Court is wholly without Jurisdiction in the present proceedings. CHARGES FRAUD. "In my opinion," retorted Judge Dunne, "the proceedings in Department Four (Judge Hebbard's) of the Superior Court were had by means of trickery and deceit, and were in their entirety a fraud. I believe," he said, "that that court had no jurisdiction in this habeas corpus application, but if it did have jurisdiction.

Judge Hebbard's action in refusing the writ of habeas corpus and remanding Ruef and then granting by writ of error an appeal to the highest court in the land, with the obvious intent of restraining a Judge of concurrent Jurisdiction from legal procedure in the same case, does not operate as a supercedeas barring this court from proceeding in the case. Mr. Ach attempted to reply to this declaration from the bench, but was silenced. Heney and Ach engaged in a long and very spirited debate on the law appertaining to the former's motion tj set aside Judge Hebbard's act. During this controversy, to which Judge Dunne allowed the fullest scope, the assistant district attorney took occasion to arraign Judge Hebbard severely without naming him.

Ath answered passionately that he "cared nothing for tirades againtU other judges or against counsel for the defense. I am here," cried Ach, "in behalf of my client, charged with crime, and do you not suppose that 1 propose to take proper advantage of every point within our legal rights?" He concluded with the demand that the objection to Heney's motion be sustained. Mr. Henev was about to reply, but Judge Dunne brought the argument to a close by remarking: "In one respect 1 tnlnn xne coniennon of Mr. Ach is good.

That is, I think that light may be thrown on this matter and the court may be afforded guidance by the decision wh'th I understood will presently be rendered by the -State Supreme Court in the matter of the defendant's application for a writ of prohibition to restrain this court from further proceeding. As no hardship can ba worked by deferring this hearing until the Supreme Court is heard from, I will take under consideration the motion to set aside the order mada in Department Four, and will adjourn the present pro-roprfinirs until tomorrow morning at 10 o'clock. Upon application of Heney the court then adopted an order remanding Ruef to the custody of the elisor until that time, subject to the order of the United States District Court in Ruefs petition for a writ of habeas corpus, which iU to be heard this afternoon. The case of Mayor Schmitz. indicted with Ruef for extortion, on five counts, was called at once.

Attorney Chapman answered that the defendant was ready," and asked that the case be set for trial, "but," he added, "the defendant demands a separate trial." "When would you like to go to trial?" asked Heney. SCHMITZ READY. The Mayor, nudging his attorney whispered loudly, "Tomorrow morning." "Tomorrow morning," Chapman. "Very well," acquiesced Heney, "providing we can have our witnesses here then." "Oh, oh," cried Schmitz in a low tone. 1 "Then the cases of Eugene E.

Schmitz, extortion numbers $0.4, 305, 306 and 307 will be set for tomorrow morning at 10 o'clock," announced Judge Dunne. "But it is understood that If we are ready to proceed with the Ruef case at: that time, the trial of Schmitz will follow!" Before court adjourned.e the cas against Chief of Police Dinan. accused of perjury, was continued to March 25. The case against Ruef and Dinan. accused of conspiracy; was continue! 'to March 15th.

Knowledges, concerning the whereabouts of Abe Ruef. while the latter was in hiding last week, are now believed to have been made known to Heney and Bums by E. J. Bowes of the Bowes-Brenaer Realty Company. Bowes, it is ald, consnmated the leasing of the Trocadero." wheTe Ruef was found, to the zresent proprietor.

It said he learned of Ruefs presence at the resort and immediately conveyed the valuable Information to Heney and Reason for this action Is given as being due to the fact that Bowes was chairman of the Police Committee of the T. P. Andrews Grand Jury and an enemy to Rue' might answer yes or no. --''My firm bandied Hhe case," said Mr. i "Were the papers served on this Again Mr.

Delmas objected. Jerome said the contention Is that Thaw's mind was unsettled by what his wife told of what Stanford White had done to her and to other young women. PERVERSIONS OF WHITE. "It has been said that alleged facts of perversion by Stanford White added to the fury of his mental unbal ance. I want to show that he knew all about such, things that they were set forth in the complaint in this suit by Ethel Thomas, the papers of which were served on hirn." Mrs, Evely Thaw had testified that she had been shown a copy of the Ethel -Thomas affidavit by Abraham who said the case had been droppd because of the character of the complainant.

Mr. Delmas, replying to the district attorney's argument, quoted at some length from Mr. Jerome's statement at the beginning of trial when Evelyn Thaw was up-onHhe stand, that her testimony was permissible only as showing Thaw's state-of mind and that he would not be allowed to contradict it. told him," said Delmas. "we would have no objection to him attacking the truth of the wife's story." 'Now do you object?" snapped Jerome.

Yes. because you would not accept our offer to waive our right when the story began." TILT OF ATTORNEYS. Mr. Jerome declared that MrLDel-, mas' argument did not cover the point at Issue. It was the effect of Evelyn Nesblt'a story on Thaw's mind he was attempting to contradict.

"I am not trying to show that Ethel Thomas' accusations were true," said Mr. Jerome. "That would be a collateral fact. Anyway this poor girl Is now dead." Mr. Delmas objected to the reference to the Thomas girl as "poor" girl, and the statement that she is now dead.

Thaw herself testified that she is dead," said Jerome, who withdrew ths adjective "poor." Mr. Jerome said that more than two years before Evelyn Thaw told Thaw the story which Is said to have Unbalanced his mind, he knew all the evil practices of men in New York. Mrs. Thaw herself says she was told the story of Thaw tieing a young woman to a bedpost and beating her. That Is (the story of Ethel Thomas," declared the District Attorney.

Mr, Delmas artise to protest. JIlUDk UVJCK I I IIV 11 1 ill. VI UIB- trlct Attorney testifying in this case I and I beseech him not to continue to give the jury as facts his understand ing of the points at Issue," said Mr. Delmas. Justice Fitzgerald Instructed the Jury to be guided only by the sworn testimony of witnesses.

The question was repeated as to whether the In the Ethel Thom-: as case were served upon Thaw. "Objection sustained," ruled the court. LETTERS IN CASE. "Did there come hitc your possession at any time letters written by this defendant to Ethel Thomas?" asked Mr. Jerome.

Mr. Delmas objected on the ground that any such letters must have been written prior to 1903 and therefore had nothing to do with the canity of the de-, endant. MEASLES AND MUMPS. "Why, your honor." said Mr. Jerome, defense has traced this man's dis-, eue back to the measleu and mumps.

We ought to have some right to show his condition down to VJQ3. May I not go Into other portions of his life to show he was sane?" Mr. Jerome contended that if he was not to be allowed to t-'o Into matter prior to 1903 all evidence relating to matters before that lime Introduced by the defense must be stricken out. This Mr. Delmas agreed to, hut when Mr.

Jerome said this would cause the hypothetical question to be stricken as he withdrew his consent. Mr. Jerome showed tho witness a document and asked if it refreshed his mind aa to when he represented Thaw lu the Thomas case. Mr. Delmas objected to further questioning of the witness to thte Ethel Thomas case upon the ground that Mr.

-Longfellow at the time was acting aj Thaw's counsel. 1 "Of course isald Mr. Jerome, "If you are going to plead professional privilege as a bar. I cannot jro ahead. But I thought counsel, tn the interest of truthJ mignt waive "Your honor," Interruutied Mr.

Delmas, "In defendins: a. man) for his life I havo no power to waive anything." TELEPHONE MESSAGE. Mr. 'Jerome asked Mr. fLonirfcllow if he was telephoned to in 1BU4 by Evelyn Thaw from the office of Abraham Hummel and Mr.

Delmas objcl-ted. He asked Mr. Jerome What his pur- pose was In asking the question. -I tm allowed by iheTrule of evidence," said Mr. Jerome, show whether or net this witineas told her husband bv Paris 4hat had been ravished ty Stanford White.

In Hum-met office we contends she made a statement which contradicted the fact that she did tell Thaw any such story. I asked her If she made all these state- ments to Hummel and in the affidavit, and she said she had not. Having called her attention to cmtradictory evidence. I have a right under the law to go Into the truth or felwity of her evidence, as to material facts. Delmas finally withdrew his objection to the question.

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7.25, 1 doz. large bots. 6.25 Dry and Old Tom Gin D. C. L.

The finest grade large bottle .90 White Label Ale 2.15. White Label Porter doz. 2.10 Creme de Menthe Maria Brizard Roger Green bots. .65, Ige. bot.1.25 Rheingold Sparkling Hock Wine 2 doz.

sml. bots. 25.00, 1 doz. large bots. 23.00 Oakland Store: 13th and Clay Sts.

Telephones: Franklin 755. West 101. Park 456-457-458. Oakland 1. Finnan Haddie lb.

Mandarin Nectar Tea A mild tea flavored with orange pekoe extremely delj- cate 2 lbs. Tart Prunes Italian 2'2 lbs. Good for breakfast every day. Snider's Catsup, large eize Very, popular flavor. .2 bottles Horseradish Mustard 2 bote.

French 8erdine. 2 cans Jelle -Assorted flavors. ...4 ekgs. brick Toilet Soap "Melba" Florida Water Assorted Crackers 3 cartons .15 .50 .95 .25 .25 .45 .25 .25 .35 .20 .40 .45 .25 .40 .30 .40 .40 Heals hurts. Glass Wash Board No rust "Rosette" Waffle Irons 2 shapes Mop Head Best 20 made; reg'ly 5.50., 4- 4.50 it know it's good bottle 1.00, gal.

4.00 doz. 2.00, Ige. bots. doz. 3.25, gal.

.85 Opposite Macdonough Theater. -A SIJPED Trlburio Offl (Continued events, today will see the trial of the indicted political boss actually begun In Department 6 of the Superior Court, before Judge If, on the other hand, Ruefs attorneys win the legal joust, the ordeal he Is determined if possible to evade will be once again put off. TODAY'S PROGRAM. Today's program comprises the following moves: It may or may not be carried out to the letter: Ruefs counsel to apply to the United States Supreme Court for awrlt of prohibition restraining Judge Dunne from proceeding with the trial. Judge De Haven in the United States District Court to hear cause why a writ of habeas corpus should not Issue In behalf of Ruef.

In the State Supreme Court a decision may be rendered In Ruefs application for a writ of prohibition re straining Judge Dunne from proceeding with the trial. In the District Court of Appeals Justices Cooper, Hall and Kerrigan to hear arguments In" the matter of the habeas corpus application of Attorney Samuel M. Shortridge, sentenced by Judge Dunne to spend twenty-four hours in jail for contempt of court. At 10 o'clock Ruef to be produced in Judge Dunne's court by Elisor Biggy for trial; application for his admittance to bail to be made, and arguments on Ruefs demurrer to the indictments to be heard. Trial dates to be set by Judge Dunne in the extortion cases against Schmitz, the perjury case against Chief of Police Dinan, and the conspiracy case against Ruef and Dinan.

The grand Jury may pursue Its investigations to determine whether Ruefs attorneys, or any of them, com mitted perjury in declaring under oath that they were Ignorant of the whereabouts of Ruef during the time that he was a declared fugitive from Justice. FIGHT FOR PLACES. It was 10:20 o'clock when the doors were thrown or rather forced open and a fierce scrimmage resulted from tni attempts of hundreds of people to jam their way For five minutes bailiffs and deputies battled with the good-natured mob, perhaps fifty of whom succeeded in getting in. The court room then being filled, Judge Dunne ordered the doors locked. But until the adjournment of the session hundreds stood in the corridor hoping vainly for a chance to get a glimpse of the proceedings.

Ruef appeared with all of his attorneys, savl Samuel M. Shortridge. who, having been ordered to jail on Friday by Judge Dunne for contempt and who is now at liberty on his own recognisance, by virtue of an appeal to the District Court of Appeal, withheld himself from appearance. Ruef took a seat near the counsel table. By him sat Mayor Schmitz, who was accompanied by his special counsel, J.

C. Campbell. Assistant District Attorney Francis J. Heney appeared for the people. BATTLE IS BEGUN.

The battle was opened by Mr. Heney, who made a motion that the court make an order quashing, vacating and setting aside the order made by Judge Hebbard In Department 4 of the Su-Berior Court, by which Ruefs original $50,000 bail was released. The defendant was refused a writ: of habeas corpus, but granted an appeal to the United States Supreme Court, by way of a writ of error, and a new ball bond In the sum of $50,000 was accepted. Heney grounded his motion on tfie declaration that Ruef never was actually in confinement, that his petition to Judge Hebbard for release on hat beas corpus was not bona fide, that a court cannot Reverse itself in the matter of a habeas corpus decision, and that the action of Judge Hebbard ia granting the appeal by which Ruef claimed a stay of. all proceedings against him in the Superior Court was improvident and improper and for the purpose of delaying and hindering the due administration of justice in a coordinate tribunal.

Attorney Ach. chief counsel for Ruef, opposed Heney's motion, vehemently asserting, at great lenarth. that under the constitution of California a writ of habeas corpus ts granted not br the court, but by the judge. In his own discretion, and Is absolutely final and may not tinder any circumstances be set aside by another judge of a co-ordinate DINING TABLES We have just received a carload of Dining Tablet a very-attractive assortment. Only the newest deslgr.s and latest finishes are displayed.

We quote a few' descriptions and prices: Golden Oak Pedestal Table, 42-inch, 6 ft. extension, round top $20.00 Golden. Oak Pedestal Table, 48-Inch, 8 ft. extension, round top $35.00 Weathered Oak Table, 48-Inch, 8 ft. extension, five legs, olawfoot $27.50 Weathered Oak Pedestal Table, quarter-sawed, 48x54, a ft.

extension, oval Mahogany Pedestal Table, 42-Inch, 10 ft. extenelon, finely finished and hlghlv polished, square top $48.00 Golden Oak Pedestal Table (Illustration) quarter-sawed, 43x60, oval top, 8 ft. extension, finely finished and highly polished $70.00 We also snow a large anjd well selected stock ef Chairs, Buffets, Sideboards and China Cabinets In mahogany and all the finlshee of oak. "Furniture with Character at Reasonable Price" Our stock of Carpets, Bugs and Draperies ta one of the largest on the Coast. A splendid assortment of Rugs, both Domestic and Oneutal, is displayed for your inspection.

WE DELIVER FREE IN SAN FRANCISCO I Walter S. Mackay Co. IT LEATHER GOODS 418-424 14th'. St..