The San Francisco call., 1907-06-12

Instruct the jury and the fate
Of Mayor schmits Will then pass
into the hands Of tho twelve -
men.
he offered no further protest against
Schmitz answering Heney's questions.
Turning to Schmitx, Heney asked:
when you talked with Malfanti had
you not heard that a fund for the
protection of those licenses had been
raised?',
Il had not"
did Ruef hand you $4,000 at your
house in January. 1905?"
He did not"
Heney had laid perfect foundation
for the Introduction Of Ruef in rebut-
tai and desisted.
Charles A. H Smith. former business
agent for the cooks union. was not so
fluent by half as was Scott Of the board
of public works and some time business
agent for the walters. On the direct
examination he confirmed Scott's story
with substantially no variations. He
said the holdup of the restaurants was
planned to force the employment of
union walters and cooks, and that Rea-
gan was the originator of the plot
toni's license.
In his cross examination of Smith,
Heney confined himself very largely to
laying a foundation for the impeach-
ment Of the witness by Timothy r.
Sullivan.
SMITH HAS POOR MEMORY
s@Do you know Timothy r. Sullivan
asked Heney.
'Yes"
Did you meet him in Reagans Office
in the presence of Scott, yourself and
Reagan just before the primary cleo
tion in 1908 and discuss with him any
thing about the Cliff house license?"
II don't remember meeting him
there" s-s.,s zy
Did not Scott say to Reagan in the
presence of Sullivan and yourself. We
are having lots of trouble with the
Cliff house. They are unfair and as
bad as Tortonis. and we want to take
their license away and didn't Reagan
say, If;.y6u Will bring me evidence
that any place in this town is sending
out for women. and will vote to re-
woke the 1icense?.'' a
II don't recollect that conversation"
And then didn't Scott in answer to
Sul1ivan's questions tell him that you
I don't recollect any such conversa-
Ftion or ever seeing Sullivan at Rea-
gan's Office"
Adoiph Condrotti. business agent of
bar tenders union in 1904. testified that
he was present with Scott and Smith
at Reagan'f office. In response to
CampbelPs demand for a recital Of the
conversation the witness said that
Reagan had told them the only way
to enforce the union conditions at Tor
tonf's was to employ a couple of men
to take women there. He also testi-
fed that when they complained about
the conditions at the Bay State, Rea-
gan told them the license would soon
expire, and that then he (Reagan)
would hold up renewal until the
unions demands were acceded to.
On cross examination Condrotti de-
MED that he had ever known Scott,
the walters business agent, by another
name, or that he knew what Scott's
true name was. He also Surprised
Heney and the jury by saying that
prior to taking the stand he had not
discussed his testimony with any one.
DEFENSE CLOSES CASE
When Condrotti was excused, N. p.
Scott, whom Heney wanted for the pur-
pose of contradicting Smith and Con-
drotti and incidentally for the pur-
post of ascertaining Scott's true name,
was not in the anteroom.
Campbell defnurred to request that
he call his next witness and ulti-
mately in reply to the Judge said, with
a wave of his hand:
ITO be frank with your honor, I have
no more witnesses. We are willing to
go to the jury on this testimony"
Heney promptly recalled Thomas
Reagan, his principal witness In the
examination in chief
I'm the summer of 1s05-July or Au-
gust-at your office, do you remem-
ber an occasion when T. r. Sullivan.
N. P. Scott and Smith were presentf'
asked Heney.
IT do
did Scott say to you. we are hav-
ing lots of trouble at tho Clin House.
They are unfair and as bad as Tor
tonfs. We want to take away their
license'?"
HE did"
Did You say to him, Bring me the
evidence that any saloon or residence
Is sending out for women and I will
vote against their licenses'?
II told him that"
did Sullivan ask Scott what there
was about Tortonis?'
.IIe did,.
did Scott tell Sullivan that he.
Scott and Smith put up a job on Tor
toni-getting two men to go there and
send out for women-and that they
had had the license revoked?
He did,
did Scott say to Sullivan that YOU
had suggested the plan?"