Ruef and Schmitz were indicted November 15, 1906. The date of Ruef’s plea of “Not guilty” was February 18, 1907.
Hiram W. Johnson is a native of California, having been born at Sacramento. He was educated at the Sacramento public schools and the University of California. At twenty-one he had been admitted to practice at the California bar. He was active for years against the corrupt political conditions in California before he came into prominence as one of the prosecutors at the graft trials. In 1910 he was selected to lead the movement against the political machine which dominated the State. As primary candidate for Republican nomination for Governor, he visited practically every community in California, making one pledge to be carried out in the event of his election, “to kick the Southern Pacific out of political control of the State.” He was nominated and elected. His election resulted in political revolution in California. (See “Story of the California Legislature of 1911” and “Story of the California Legislature of 1913.”) He was one of the founders of the Progressive party at Chicago in 1912, and was that year candidate for Vice-President with Roosevelt on the National Progressive ticket. In 1914 he was re-elected Governor of California with overwhelming vote. Johnson is the first Governor since 1853 to secure re-election in California.
See Heney’s affidavit in The People vs. Ruef, No. 823.
“Again we protest,” said Johnson when the final break came, “in behalf of the District Attorney of this city and county, and in the name of the people of California. We do not believe in this; we will not participate in it; and we take our leave of this court. We will not participate in any proceeding which does not, according to our ideas, comport with the dignity of justice, the dignity of this court, or our own dignity.”
On March 25, 1907, Ruef’s appeal in the habeas corpus matter was dismissed by the Supreme Court of the United States. Of this move, Frank J. Murphy, one of Ruef’s attorneys, is quoted in a published interview: “We have instructed our representative in Washington to withdraw the writ of error filed by us. This decision was reached on account of the decision of the State Supreme Court to the effect that the participation of an incompetent juror does not affect the validity of an indictment.”