The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-06-13
RUFF TOOK The
STAND BUT DID
NOT TESTIFY
DEFENSE OBJECTS TO HIS EVIL
DENCE AND POINT is BE-
ING ARGUED.
VERY EXCITING COURT SCENE
Heney Asked Abe Whether He Di-
Vided Half the Money
With the Mayor.


at more tantalizing point than that
selected by circumstances this after
noon for the closing of the Mayor
Schmitz extortion trial for the day.
The prosecution had Unanswered an
eleventh-hour sensation by calling
Abraham Ruef to the satnd in rebut
tal---to contradict denials made by
the Mayor himself on the witness
stand carrier in the day; and the
fallen boss had opened his lips to
answer the question: Did you pay
half of this extortion money to
Schmitz?" when the defense launch
ed an objection whose determination
was still in doubt when overnight adj
journment was taken three-quarters
of an hour afterWard.
Former Judge Campbell, senior
counsel for the defense, called Mayor
Schmitz Schmitz to testify in his own
behalf as the second witness of the
day. The mayor mounted the wit
ness stand shortly before IL O'Clock
and occupied it for more han an hour
during a considerable portion of
which time opposing counsel were
wrangling over the right of the prose-
cution to ask the mayor in the course
of cross examination whether Ruef
divided with him any of the fees al
legged to have been paid him for pro-
teection by the French restaurant
keepers.
The mayor himself exhibited an
eagnerness to waive technicalities of
law and answer squarely the issue.
This he did again and again by alb
rupt and unqualified denials after
Campbell had withdrawn his instruc
lions to his client not to answer at
all. Judge Dunno. warned the
mayors chief counsel not to give
such instructions, but Campbell,
COUGHING his retort in the most cour-
teous of language, said that he would
disregard the mandate of the court,
even if it led to sentence for con-
contempt. Such a contingency was
avoided, however, through the
seeming eagerness of the mayor to
give Assistant District Attorney He
ney an answer for every question put.
The defense called in all only four
witnesses today and the direct ex-
animation of each of them went to
the establishment of two points only:
First, to overthrow the testimony of
Former Police Commissioner Reagan,
that the mayor had attempted to
use him as hold-up man to
force the French restaurants to
come through" with the protection
money to Ruef; second, to prove
that the holding up of the French res
taurant licenses was the result of a
labor union plot to ruin their bust
ness because they, or some of them,
had refused to yield complete obedi
ence to the mandate of unionism.
A fnx In, nj hnfnrn n'alnnly tho
defense announced that it rested.
The prosecution, after a fruitless
wait of nearly half an hour for
missing witness whom it was desired
to recall, put on the stand Vice Presi-
dent Timothy r. Sullivan of the Ma
tional Electrical Workers union. By
him it was sought to overthrow the
testimony of one of the defense's wit
nesses to the effect that COMMISSIONS
Reagan himself had suggested the
union plot referred to. Mr.. Reagan
was recalled to supplement- Sulliyan's
testimony.
At $40 O'Clock Assistant District
Attorney Heney said, in loud voice:
Call Abraham Ruef."
The mayors former political part
er had been brought by two guards
from his prison house on Fillmore
street. the house that once was the
mayors home; the house where, ac-
according to the prosecution, Ruef
divided with him the alleged money
land taken into Judge DUNES
chambers by back way SO
the crowded synagogue was ignorant
of the prosecution coup until it was
sprung.
Ruef, pale and composed, wearing
his overcoat and carrying his hat, en-
tered at the back of the altar and
made his way around the crowded
counsel table to the clerks desk,
where he took oath. Then he slip
ped out of his top coat, laid it, with
his hat, on the altar floor and climbed
up into the witness chair.
Don't answer any questions,
please, until the defense has had an
opportunity to object" cautioned
Mr.. Campbell. Ruef nodded acqui-
essence.
"Mr. Ruef," asked Assistant Dis
trict Attorney Heney, without hesita-
ton, Sin July of 1905, in the house
at No. 2849 Fillmore street, the home
that time of Mayor Schmitz, ''did you
give Mayor Schmitz $2,500?"
The prosecution alleges that Ruef
QlVlu6u evenly Will CHS uldyOI Tic
moneys paid him by the restaura-
teurs and that the first installment
paid by them was $4,000.
To this question Mr.. Campbell in
terposed an objection, whose argu-
ment. was still in progress when ad
journment was taken at 4:30. He
fought hard for that adjournment,
pleading he wished to submit fur
Their authorities to the court. Heney
wanted an immediate decision over
ruling the objection and promised to
finish his examination of Ruef inside
he suggested to Campbell, "and you
'TIat will leave tomorrow clear,
heb Suggested to Campbell, "and you
can pit in the whole day cross-exam-
ining,li you like. This is the only
witness we are going to call. When
we finish with him we're through"
The defense, in Directing to the
properIrebuttal because it dealt with
question claimed that it was not
proper rebuttal because it dealt with
nothinA that had been asked of the
mayor In his direct examination, and
the object of the rebuttal was to
overthbw or discount the mayor
answeri
Mr.. teney claimed that no ques-
ton could be more pertinent or pro
per than the one he put to Ruef, be-
cause Intended directly to establish
the matt issue in the case, namely,
Ibid themayor help to extort money
- oh, 70 n -