Note 146 — Chapter XI · Ruef a Fugitive.
Reading edition
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.”
This action left the Prosecution free to proceed with Ruef’s trial without any possibility of the proceedings being questioned later.