The San Francisco call., 1907-06-06
Heney Outlines the Prosecutions Case
Against the Accused Executive

Continued from Page 1. Column
ing in court in answer to a motion OF
Ruef's TO set aside the indictment or
the ground that the money received
was a fee, he broke into an address
which for continuity, power and i'm
pressiveness makes yesterdays effort
seem trivial and insufficient
The defense affected an air of jubi-
lance after the morning session and
the gray hue OF Schmitz' face gave
place to a Hvelier shade. There had
been nothing to suggest that Ruef was
10 testify and without Ruefs testi-
mony the defense possibly imagined II
saw ray of hope.
In the afternoon an almost fraternal
spirit was shown by the Schmitz coun.
sci toward the prosecution. However
the testimony offered in the Afternoon
was simply a presentation of neutral
records Of the board of police commits
sioners affecting the action of thai
body in the matter Of liquor permits
for French restaurants during the
months Of November and December
1904, and January, 1905. the time OF
the institution of the extortion.
REAGAN DOES NOT FINISH
Reagan was Oh the stand only a
minutes and did not have time to &c
deeply into the plot of Schmitz and
Ruef He had got only so far as tc
relate how Schmitz had told him thai
French restaurants were all very bad
places and should be closed up" and
that he had Investigated these bad
places and found they were not Sc
grossly immoral as the hidden partner
of the $40 Jackson street enterprise
had declared them TO be.
I told the mayor" said Reagan
that a number OF people connected
with the administration frequented
the Pup restaurant. He replied, Well
the Pup isn't very good, but it is the
best OF them"
Reagan continued TO tell how he had
acted on the mayors instructions 10
hold UP the licenses of the restaurants
His recital was interrupted by the noon
recess. II will be continued this morn
ing.
COURTROOM Is CROWDED
The news that the taking of testi-
mony in the Schmitz case would be be-
gun had drawn a large crowd to Judge
DUNES court in the Bush street temple
yesterday. Every seat was taken and
in the back Of the room the wall was
lined with auditors. Chris Buckley
the old time boss. was led into the
place and sat through the afternoon
session. MYRTLE Cert, Ruef's last re-
tainer. was present in the morning
Lincoln SteTens and George Kennan
the eastern correspondents, had seats
directly behind those occupied by ths
prosecution, which was represented
during the day by Heney. Hiram W
Johnson, ". J. Burns, J. J. Dwyer
Charles Cobb and Rudolph Spreckels
". II. Metson of Schmitz' counsel, who
had not been a regular attendant. sal
With his associates. Campbell, Barrett
Fairan and Drew.
Elisor Biggy marched into court at
the head OF his array promptly at 1t
o'clock in the morning. Ten minutes
later Judge Dunno opened court
Heney asked that witnesses be ex-
cluded from the courtroom and that
all but Reagan. Hutton and DR.. Po-
helm. the former police commissioners
be excused until afternoon.
Heney commenced his address al
1918. standing before the jury box and
using few gestures. His talk was the
stating Of a business proposition to 9
group of businessmen.
BARRETT MAKES A MOTION
At the conclusion of the address Bar.
rett asked that the court instruct the
jury to disregard all matters mentioned
by Heney which did not apply to ths
case on trial, and also called attention
10 the new decision of the higher court
that any misconduct on the part of The
district attorney must be called to the
attention Of the court by the defense
or il could not be considered as miti-
eating against the prisoner. In ac.
cordance with which ruling. Barrett
said. he wished to enter objections as
the occasion would arise.
Heney defended his remarks on The
ground that seeming digressions were
in reality part of his case, TO be proved
properly, and then called the first wit
ness:
Thomas Reagan
Schmitz was rocking restlessly in hi:
chair as the broad shoulders of hit
former commissioner appeared out o.
the crowd in the rear of the temple
The mayors eyes were half closed ant
he feigned TO be oblivious to the tense
ness of his surroundings.
Reagan was sworn and took chail
on the altar at the left of the judge
Although he was cautioned to talk q
the jury, the former commissioner ad
} dressed all his statements to Heney
Reagan said he had first met Schmiti
in 1901, prior TO his nomination FOL
mayor. Campbell objected when Heney
asked what relations the witness haC
with Ruef, a question defended by th'
assistant district attorney on th'
ground that there would be proved
conspiracy in which Ruef was impli
Gated. Campbell also objected wher
Heney asked concerning the formation
Of the first convention of the unior
labor party, which was composed o.
delegates from unions. Heney agreed
not to dwell upon this line of inter
rOgation.
TELLS OF THE HoLDUP
Reagan then said in answer to ques
tions:
! was appointed to the police com