The San Francisco call., 1907-06-11

AOnIlnucQ IFOm fdEt L. SOlts ff ~
The special prosecutor spent the entire
morning wrestling with rule OF evil
dence- He wished, so he said, TO in
troduce testimony to show acts of ex-
tortion not covered by the allegations
OF the indictment. His avowed pur-
pose was the establishment of a guilty
intent on the part of the defendants
with a preponderance of evidence. He
told the court that he wantsd 20 go
into the manner in which Mailhebuau.
Blanco and Pons were compelled TO pay
tribute. He wished to prove attempts
to hold up the proprietors OF Techau
tavern. Leonhardt's resort near the
park and Fishback & Bacon. also the
proprietors of a resort frequented by
women. He told the court that he
wished TO introduce evidence TO show
that Ruef and Schmitz enjoyed one
sixth OF the profits of the municipal
brothel at $40 Jackson street and
weekly dividend from another brothel
at 712 Pacific street.
Heney spent the entire morning ses-
sion arguing and combating the argu-
ments advanced by Campbell and
ruling of the court admitting part of
the evidence which he had said he
wished to introduce. He came into
court after the noon recess. placed one
witness on the stand, asked dozen
questions, none of which added any
thing to his case. and announced that
he was done.
DEFENSE Is DISAPPOINTED
The situation was as trying for the
defense as IL was disappointing for
the crowd that more than comfortably
filled the room. The defense expected
several French restaurant men would
be placed on the stand. 1t hoped or
feared that Ruef would be made wit
ness. In any event, it believed that the
prosecution would occupy the day with
the completion of its case The de-
fense would have the night to decide
upon its line of action.
Surprise and disappointment were the
predominating notes in the buzz of
whispered conversation that Heney's
announcement loosed. The long drawn
out arguments of the morning session
4 had been distasteful TO the hangerson.
Some of the graybeards met at the
courtroom door during the recess and
gave voice TO their disapprovaL They
inner workings of administration
finance. They got argument. They
came back after hurried luncheons
fully primed for the story which the
court had decreed might be told. Then
Heney added TO their sense of injury
by declining TO take advantage of his
partial victory His popularity imme-
diately dropped several notches in the
ranks of the regulars.
Disappointing as Heney's announce
ment was 10 the crowd, it was more
painfully disconcerting to the defense
Campbell with an asperity which fitted
his evident discontinue, moved for ad-
4 journment until this morning He ad-
mitted his surprise and insisted that he
had been led to believe that the prose
I cution would consume the afternoon
! He also admitted that he was not ready
! to make his opening statement
Heney contended that the defense
was not justified in the belief that he
would occupy the whole afternoon He
said he had proved everything that ne
had promised to prove and that the
/ defense's unpreparedness was not
/ chargeabIe to him The court declined
to order an adjournment and announced
that, for the benefit of the defense, a
recess until o'clock would be taken
The hands of the big clock at the rear
OF the room then indicated 2:45.
sCHMHTZ AND COUNSEL CONFER
Schmitz, with Attorneys Campbell
Fairall. Metson, Drew and Barrett
I hastened 10 an anteroom. They re-
turned in 20 minutes. when Campbell
/ delivered one of the shortest opening
I statements on record. He told the jury
that the defense would prove thai
Schmitz was not connected with a sin
gle matter mentioned in the indictment
that the mayor was not party to tn,
holding up OF single restaurant, and
that the conspiracy against the FrencI
restaurants did not emanate from
Schmitz. but from an entirely different
source
The chief counsel for the defens,
concluded a statement which consumed
less than three minutes in its deliv'
cry with the assurance that with rea
sonable cross examination on the par
of the prosecution the defense wouls
finish its case before adjournment thi.
evening.
In his opening statement Attorne,
Campbell said:
-It it please the court and gentlemen