The San Francisco call., 1906-12-27
Ruse of Schnitz
Frustrated by
Judge Dunno

Judge Dunno could not be hood
winked by the Vaccinations of the
Ruef-Schmitz legal array yesterday In
sharp, terse language he denied the
motion of Attorneys William H Metson
and John ], Barrett that an immediate
trial be given the indicted Mayor.
Judge Dunno saw plainly through the
trick of the defense.
When court opened the Mayor ap-
peared with his trio of lawyers-Met-
son, Barrett and Frank Drew. Metson
spoke first. then Barrett chimed in,
with request for an immediate hear
ing. Special Prosecutor Hiram John
son opposed the motion on the ground
that the Schmitz force was not showing g
good faith and that it would be i'm
possible for the court TO grant trial
to the Mayor while his partner in the
indictment, Ruef, was still contesting
the validity of the joint indictment.
Henry Ach of counsel for Ruef,
whispered to Barrett. Then Barrett
addressed the court. 81 will request"
he said, that Mr.. Ruef postpone the
hearing of his motion to set aside the
Indictment, leaving the court open to
hear the other matter"
SEES THROUGH SCHEME
Judge Dunno saw through the sub
terfuge Immediately. Your remarks,
Mr. Barrett" said the Court. indicate
to me what your real attitude is in
this case and / refuse to grant your
notion
Then the Mayor, Metson, Barrett and
Drew withdrew from the court and
Boss Ruef and his legal forces again
took up the tedious technical fight be-
ing made against the indictments.
-
on the witness stand from 1890 to
1890 and from until 4:30, but not one
Of the questions put by Ach drew forth
an answer that threw the slightest
shadow on the indictments pending
against the Mayor and his corrupt
broker.
1t was the most tiresome day in all
the proceedings. The only life in the
desert of interrogations came when
ever Judge Dunno stopped the ques-
tioning to rebuke Ach for his violent
tactics toward the witness and the
Court.
Judge Dunno was the vivacious
feature of the day. He early adopted
a stern and strict rule in his dealings
with the dilatory defendants. When
Metson was trying to convey the idea
that his client wanted an immediate
and speedy trial the Court promised
him all he asked form good and legal
time.
COULD SIT AT NIGHT
Il do not see how decision can be
given in this matter" the Judge said,
until the other defendant submits his
case. But then can assure you of an
Immediate trial. I am perfectly will
ing to hold night sessions of the court
in order that the case of the defend
nf 90 mi ha nj
ditiously to the jury"
This promise aroused Barrett to a
pitch of excitement, and he loudly pro-
claimed the desire of the defense to
make any concession to the District At
torneys office which might lead to
an early trial.
That is the purest bluff" cried Hi
ram Johnson, rising to his feet and
addressing the bench. "It is a sham, a
delusion and snare for one defendant
to demand an immediate trial when his
co-defendant is imposing every techni-
cality in the way of a speedy hearing.
While defendant Schmitz is in a po-
sition in which he could appeal to his
eo-defendant Ruef to have him set
aside his technical attack on the in
dictments, he stands and says, want
a speedy trial, but my bad co-defend-
ant won't step aside and let me have
it That position does not commend
itself to good sense"
After Schmitz and his futile quibbles
were out of the way Ach took the floor
on behalf of Ruef and began his bait
ing of the grand jurors. Alfred Greene
baum was his victim for the day, and
because he had served his city by re-
turning an indictment against the
French restaurant blackmailers
Greenebaum had to sit on the witness
stand for four and a half hours and
answer wearying questions relative to
his possible bias.
JUROR NOT BIASED
The substance of Acls interrogations
and Greenebaum's answers was that
the Juror had read the newspaper ac-
counts of the graft investigation and
of the dismissal of District Attorney
Langdon by acting Mayor Gallagher,
but had not been influenced one way or
another by the articles. Fifty minutes
of the witness time was consumed in
ascertaining that one copy of an evening
newspaper published on October 81 had
failed to convince Greenebaum that
Ruef and Schmitz ought to be indicted,
or to prejudice him in any way in the
matter.
Greenebaum, much to Ach's chagrin,
declared that neither Heney nor Lang
don had sought to influence the jurors
within the jury room
Greenebaum and A. G. Robson will
be the witnesses today.
Judge Dunne at Ach's request, grant
ed a postponement until Friday of the
hearing of the case against Ruef and
Chief of Police Dinan on charges of