The San Francisco call., 1907-06-13

II was just coming to that" replied
| Johnson, and he took advantage of
| the interruption to refresh himself with
drink of water. Then he returned
| to his address,
Shortly after this meeting at the
mayors house, Adler called on Ruef
at his Office to see what was being done
In the case and was told that it would
! be all right in few days
Then Poheim calls on Ruef and they
! chat about the regulations and laugh
about them and Poheim takes with him
! the Hutton removal papers You tell me
they were not acting in concert-Ruef
! and this defendant?
This case could not be stronger had
| Schmitz Joined Ruef in his confession.
don't care who denies that Schmitz
| got the money. Ruef pleaded guilty to
this charge. In this day of ours man
doesn't plead guilty and go to state
prison unless he is guilty-no rich man
| does. No man will go before a judge
and exchange his garb for stripes.
| Everything that Ruef said he said in
open court with the prison doors yawn-
| ing before him. He said. am guilty.
You know what things can be done
| If a man is rich. In some instances the
rich have the advantage before the
courts. And when rich man stands
at the bar and says. Il am guilty, you
know he is guilty
When this defendant Schmitz stands
/ here fearing to tell of his relations
with the man who says that he is
guilty-what reason Is there that Ruef
Is In prison and Schmitz is at large? s
1T is a burning shame IL the politi-
| cal boss goes to the state prison and
| the man who betrays his trust-because
| he is powerful or has rich friends, or
for some other reason-should go free.
REAGAN's INTEGRITY
They'll talk to you of Reagan, say
| that he is this and that. and try TO
show you that he might be something
or something else Keep this in mind
when they tell you that he is this or
| that. that nine tenths of Tom Rea gans
testimony is undenied. Remember that.
They try to deny about one-tenth of it
and then would have you believe that
what he said was untrue. Isn't 1t abb
| surd?
Reagan tells you of that conversa-
tion he had with Schmitz in January,
1905, and that he said to the mayor;
| There'll be scandal about this. Don't
ask me to vote for it And Schmitz
/ goes on the stand and neither affirms
nor denies this conversation, They'll
ask you which you believe-Reagan or
Schmitz-and they'll talk about reason
able doubt and they'll tell you that
Reagan is not to be trusted and that
his testimony is untrue. But Reagan
| is reliable man; Reagan's testimony
comedies exactly with the chain of
facts and circumstances which have
been proved and Reagan's testimony
has not been denied.
The particular charge In this case
| is that Malfanti's restaurant had been
held up. The testimony has gone fur
ther than this and included the extor
tion from many more, but I think that
| probably the testimony in this matter
is much stronger. You know of the
Injecting of Malfanti with the mayor on
January 2. and then of how on Janu-
ary he waited to see if Adler's at
torney could do better than he could
toward securing the licenses, then of
the statement of Loupy that he could
get protection for the French restau-
| rant men for $1,000 and of Priet's
statement later that the protection
would cost them $4,000.
The restaurant men could do moth
| ing but just smile and pay up. Ruef
takes the first payment of their money
and then he trots down to this other
fellow. Camille, and says, The other
boys have come up: now you come up
These French restaurant owners
needed no other for any legitimate
purposes Why was 1t they went to
Ruef instead of depending on their
own attorneys to secure what they
thought were their rights? 1t was be-
cause they knew. Ruef was the die
! tator and that Ruef had the power.
Malfanti tells you that his permit ex-
pired on January 15. He couldn't get
it renewed though he was making
every effort to do 50, and it drifted
along into February. Schmitz was
dining then at his restaurant. and NAL
| fanti approached Schmitz and asked
| him why it was he did not get his
] permit. Schmitz answered, You should
get it. I'll see him. Schnitz puts
different construction this conver-
sation and says that he told Malfanti.
! i will see them. But what he really
said was, I will see him. and his very
words were proof of his guilt in this
matter of extortion.
Il don't wish to go more into the de-
/ tails of the testimony at this time.
have taken up a part of it with you in
desultory, disconnected way, and I
want, in conclusion to say just one
! thing more to you.
You men of the jury are on trial to-
day; our city is on trial; these people
who compose this audience are on
| trial; the elements that have gone into
the making of San Francisco are on
! trial, the jury system is on trial, and
the very honor of the community is on
trial. If you gentlemen. with the evil
dence of guilt before you as clear as it
is here. fail to do your duty the fault
will be on your heads alone.
You are San Francisco today; you
are the representatives of that which
is decent here in our city: you are the
/ spokesmen of that power which admin
listers the law. / beg and pray of you
in doing here your duty, to do it fear
lessly, do 1t without favor, do it that
our city may be better, that stricken
San Francisco may revive. that the
world will look and praise instead of
scofing, while our city once again lifts
| up her head and boasts that she has
had the power to save herself even in
| adversity. Do it that we may be up