The San Francisco call., 1907-06-13

! ing ran higher than at any time ex-
cept at the period of the civil war, just
preceding it. At that time the con-
stftuents of senator from Missouri
sent a telegram demanding that he
vote against the president. The sena-
tor sent a reply. i owe my political
position to you, but the question of the
guilt or innocence of this man is ad-
dressed to my conscience. / believe
him to be innocent and my vote will
be recorded in his behalf The i'm
peachment failed by that one vote and
the verdict of the years has been that
the people of the United States were
saved from one foul blot on the coun-
try's escutcheon by the fearless action
of that one senator.
That brings me to one question
am l addressing men who spoke the
truth when they answered me before
accepted them as Judge of my clients
fate. when they told me that at any
hazard they would do their duty by
the defendant?
APPEALS TO JURORS
You and I and that defendant stood
heart to heart at the commencement of
this case. You pledged your word to
certain things-that If we took you
you'd do certain. things. The law re-
you redeem that pledge? I'll Come to
the facts later. You stand bound TO
the defendant by the most solemn
bonds that religion or the law knows
If that pledge does not hold. then the
religion that proclaims the existence
of God before whom you pledged
your word is a mockery and we would
better go into the street and in bar
barrie way settle this matter.
The first qualification on which you
were accepted was that you would not
consider anything but this case on
trial. What these gentlemen represent
is that millionaire that sits beside
them Indicating Rudolph Spreckels).
Heney replied to this innuendo by
exclaiming, What evidence have you
to show that?"
sIt will be found" answered Barrett.
ION the same page of the record where
Is the reference to the Waldorf-Astoria
and the stolen automobile. Only they
haven't been in court since the first
day of this prosecution. We haven't
usurped the functions of the district
attorneys office while the district at
torney hasn't opened his mouth since
this case was begun.
80, gentlemen, the first request we
make OF you is to try this ease. I shall
call attention TO the fact and demon
strate it to you that throughout the
case it has been the desire of the prose-
cution to try any case but this And,
in this connection, / beg Mr.. Johnsons s
permission to amend what he calls the
keynote of this case: San Francisco
has been good to Mayor Schmitz.' Yes,
San Francisco has been good to Mayor
SchmitZ. and the trouble is that
Eugene E. Schmitz hasn't been good to
Rudolph Spreckels. and that is why we
are here.
DEFENDS THE MAYOR
do you remember Mr.. Heney's
opening statement? He told you
things no more connected with this
trial than they are with that cele-
brated trial now in progress in Idaho.
He told you that the prosecution would
prove that Mayor Schmitz had taken
money from the brothels and the cribs.
His words show that the prosecution
has not evidence to convict. When Mr..
Heney made his opening statement did
he omit single one of the false
charges that have filled the newspa-
pers of this city during the last five
years? Did Mr.. Johnson. in his ad-
dress, leave out one bit of the vile call
umny and abuse that has been heaped
on Mayor Schmitz by this press and
by his enemies? He so far forgot his
duty as an attorney and his respect to
his honor, Judge Dunno, to lug in the
charge that this defendant took money
from fallen women, that he stopped at
the Waldorf Astoria and that he
bought an automobile with stolen
money.
II remind You of this to put you ON
your guard that these things have been
brought in to influence your Judgment
and secure your vote for guilt where
no evidence of guilt has been shown.
l warn you of this again that you
may not forget. We have been taunted
with the testimony of Mayor Schmitz
when he was placed upon the stand
as a witness, and Mr.. Johnson knows.
as no one knows better, that the most
fundamental principle of law-the very
elemental rule of LAWS that 1T is
most fatal error for a prosecuting at
! torney to comment on a defendants
testimony. But I don't care for that.
I'm full of the facts and I'll show you
why these gentlemen found it neces-
sary to talk of things that had
nothing to do with this case.
Thank God. this case is up to
jury-an American jury of American
citizens. Yes. 1 thank God that it has
at last reached the hands of jury,
and we know that we can trust to leave
1t in your hands. When / get through
with telling you the purpose of this
prosecution and with showing you
what is behind it. then IL you are
not ready to acquit this defendant 1
cannot complain 1 will show you why
it has been taken from the regular
prosecutors and turned over to the
cruels cruel hands of two hired law
yers of Rudolph Spreckels.
BURNED MIDNIGHT OIL
'T have said to you that the most
familiar principle of criminal law in
America prohibits the prosecution to