Los Angeles herald., 1906-12-07
.SCHMITZ AND RUFF
FACE TRIBUNAL
DRAMATIC SCENE PRESENTED
IN COURT ROOM
Boss Declined to Arise from His Seat
Until Commanded to Do So
by the Judse-contln-
uanee Denied
BY Associated press.


BY Associated Press.
SAN FRANCISCO. Dec. 6-On five
charges of eXtortion found against each
of them by the grand jury, Mayor
Eugene Z. Schmitz and Abraham Ruef
were arraigned in Superior Dunne's
court.
AT the urgent request of counsel for
the defense the case was continued
until next Monday for the purpose of
giving the accused further time in
which to plead.
A dramatic scene was presented i'm
the court room as Mayor Schmitz and
Mr. Ruef appeared before the bar.
NO. 303 Eugene II. Schmitz and
Abraham Ruef, for arraignment," !"
Judge Dunno announced as he took his
seat on the bench.
"A breathless silence like a pail fell
on the auditors as the mayor arose and
faced the clerk. He listened atten-
lively as the words of the formal in
dictment fell from the lips of the clerk
in monotonous monotones. Ruef de-
clined to arise until the third indict-
ment was read and then only after
he had been commanded to do by the
judge.
Judge Dunno was some minutes late
in reaching the court room. The de-
PENDANTS and the attorneys were in
their seats awaiting his coming when
he finally emerged from chambers. Two
minor cases were disposed of and then
the names of Schmitz and Ruef were
called. Attorney John Barrett an
swered ready for the mayor, while
Henry Ach performed a similar office
for Ruef
Let the arraignment proceed" di-
rected the judge.
Ruef Remains Seated
Clerk McManus handed copies of the
indictment to the attorneys. The
mayor arose from his chair but Ruef
remained seated. The clerk had
scarcely finished with the title of the
court and cause when Assistant Dis
trict Attorney Heney interrupted:
II would like to know II both the de-
PENDANTS are being arraigned?" he
asked.
Ach answered in the affirmative.
1T is strange" retorted Heney. 81
only see one of them standing
1T is not necessary for the defend
ant to stand" interjected Attorney
Barrett.
Ruef made no offer to arise and the
judge did not force him to leave his
chair.
When the formality was over the
clerk asked the true names of the
The mayor replied "Eu-
gene E. Schmitz" and Ruef Abraham
Ruef"
The mayor took his seat and his at
torney, Frank Drew, asked for con-
tinuance until Monday to answer the
Indictment.
Continuance Denied
at was understood" replied the
judge, "at the last calling of the case
that the answer should be made today.
The motion for a continuance is de-
MED"
But, your honor" protested Mr..
"the reason that your honor
would not consent to let these cases
stand over until Monday was because
we could not give an assurance that
we would answer upon that day."
Before we proceed with this discus
sion," said Judge Dunno, apparently
annoyed, I think that the arraign-
ment should proceed with the other in
ment, No. 304 on the old calendar, but
when he had finished Assistant District
Heney observed that he had
failed to ask for the defendants plea
"Why don't you ask for their plea?"
he said to the clerk.
II thought the clerk replied that
they were only to be arraigned today"
Like Ordinary Prisoners
"How can you arraign them if you
do not ask for their plea?" Heney de-
and then addressing the court
said: "I think. your honor. If this
was conducted III the same
way as that of an ordinary prisoner.
there would be less confusion. Why do
they not stand up so they can be iden-
tified?"
'I asked the clerk" Judge Dunno re-
piled, why he has not required the
prisoners to stand. He says that the
attorneys have some objection. 1 think
myself that they should stand. They
will be treated no differently in this
court than if they were John Smith or
any other prisoner. The arraignment
will proceed and the prisoners must
stand"
The clerk read the remaining three
indictments with Ruef gazing into
space and the mayor still listening at
tentively. At the conclusion of each
Attorney Barrett repeated his motion
for a continuance until Monday, but
the judge paid no heed to the request
until the arraignment had been con-
cluded. After considerable, quibbling
as to the date for pleading Judge
Dunno said:
II am inclined to think that the de-
PENDANTS should have until Monday
morning, and the case is continued
until that time with the understanding
that they will then be ready to am
swer."