The San Francisco call., 1906-12-28
Schnitz Applying
for Separate
Hearing

Mayor Schmitz indicated through a
petition to the Presiding Judge of the
Superior Court yesterday that he would
be willing to be tried by some other
magistrate than Judge Dunno, and his
attorneys moved for a transfer of the
case against him on Indictment 303 to
some other department of the Superior
Court Judge Graham set the hearing
on the motion for this morning at s:15
O'Clock.
The reason alleged by the Mayor for
his request is that Ruef is taking up
so much of the time of Judge Dunno
in pleading technicalities that the court
cannot find time to give Schmitz a speedy
trial The petition is a lengthy one
and recites the intention of the Mayor
to be through with this trial business
he can turn his attention to cleaning
the city and settling the Japanese ques-
ton with President Roosevelt.
Despite his protest to be speedily
severed from his partner and CO.
defendant, Ruef, the Mayor entered the
courtroom where the boss is OBTAINING
the Grand Jury and held whispered
consultation with him before the no
tice of the motion was served on the
attorneys for the people. Apparently
there is collusion in this eagerness for
legal separation.
In the absence of Attorney Barrett
Yesterday Henry Ach took the role OF
Judge teaser and played the part with
commendable success, losing no op-
portunity to insult the Judge, who
nevertheless kept his temper.
Grand Juror Alfred Greenebaum was
kept on the stand during the entire
day again, while Ach read to him
stories from the four newspapers, ask
ing him after the recital of each article
if that particular publication had not
caused him a feeling of disgust at the
graft in the city government which
amounted to bias. But Greenebaum
stuck to his first statement that he had
gone into the Grand Jury room without
any fixed opinion or bias for or against
any defendant.
At one time Ach asked him if the
fact that he was defending Ruef had
not caused him to feel that there
must be something wrong with the
case for the defense. Greenebaum re-
it he would be glad to tell what he
thought of the attorney who was ques-
tioning him, but the court expressed
no desire to be so informed.
IF you wish it we will try you"
remarked Hiram Johnson.
IF I were you L would not invite
trouble from this witness, Mr.. Ach. -
said the Judge.
Il am ready to invite trouble from
this witness or from anybody else,' re-
torted- Ach.
Il am glad that we are separated by
several feet" answered the Judge, but
Ach said that he did not mean to
threaten blows.
Il desire to call the courts atten-
tion at this time" said Heney. rising.
ito the fact that counsel is acting
and has been acting all day with the
premeditated purpose of insulting the
court. and If possible to get the court
to say something which could be con-
strued as prejudice"
Ach then subsided and showed no
disposition to force Greenebaum to tell
how he, Ach. once neglected a case
which he had taken for him and after
ward appeared for a firm which had
brought suit against Greenebaum for
the evident purpose of annoying him.
Ach gave his version of the affair on
the sidewalk after adjournment, but
refrained from forcing the point in
court
At the present rate of progress it
will take two months to finish the
trial of the Grand Jury, which is be-
ing conducted by the counsel for Ruef
but Judge Dunno intimated yesterday
that he would not allow the farce to
proceed to much greater length.