The Washington herald., 1907-06-12
SCHMITZ IN DENIAL
Mayor Takes Witness Stand
in His own Defense.
BOSS RUFF ALSO TO TESTIFY
Defense Objects and Court Adiourns
10 Give Attorney an Opportunity
Declares He Is Glad To Face His
Accusers-Denfes He Got Bribe.

| San Francisco. June .l-Mayor Schmltz
! appeared on the witness stand I'm his owr
| defense to-day and fatty contradicted the
! statements that he knew Ruef was paid
5000 by French restaurant pr0prietors
/ or that he was given any part of ans
/ bribe fund collected by Ruef
In opposition TO advice from his coun-
sci the mayor replied 20 questions OF
Heney. the special prosecutor. denying
that he knew Of or received any part Of
graft money e~Iort. "a nom 'h- F-sta grant
Keepers.
With Schmitz' testimony, tie defense
rested its case ana the effect on the jury
was percepubly bad as the members had
been led % believe that Lawyer Camp
bell had some other testimony besides
the mayors uncorruborated words. To-
ward the close OF the proceedings Ruef
was placed on the witness stand. but the
defense objected 10 his testimony. besides.
as he was brought IN rebuttal Of irregu-
lar testimony The judge adjourned the
court till tomorrow 10 permit Campbell
TO present authorities.
Mayor SChmltz was questioned by his
counsel Campbell strictly ON the testf-
mony Of the former police. commissioner.
Reagan. and he denied any knowledge
that $500 fund had been raised. or
that he received any part OF il.
Denies Amy knowledge.
However, when Heney took him 10
@ cross-examine on the direct questions as
TO whether he received any part of the
extortion funds over the objection Of
Campbell, Schmitz answered he neither
knew that Ruef had raised a fund Of
S5eo from restaurants, nor had he re-
Ceiyed any part Of II.
Did Abraham Ruef pay you any part
Of $500 IL has been testified here that
he received from the French restaurant
keepers was the first question asked by
HeHey Of Schmitz.
This was the opportunity which the
mayor had declared he wanted from the
moment when he returned from Europe to
face his aCCusers. 1t was this chance to
explain just what wht his relations with
Abe Ruef in regard TO the French restau-
rant hold-up But he chose to remain
silent, while his attorney entered obiec-
tiOn to the question. and engaged in a
long argument as to the admissibility of
the evidence.
Question Is Allowed,
Heney contended all this matter might
be gone into, as the defense had taken the
stand, and denied many material points
brought up when the prosecution present
ed its case. The question was allowed
Campbell. however, directed the mayor on
most Of the questions he need not answer
though Judge Dunno instructed him to
do so.
Did Ruef pay you any part of 5000
given him by French restaurant proprie-
tors?' repeated Heney.
Il am ready to answer that question
Mr.. Campbell said the mayor.
u do not care to act against advice
Of my counsel but I'll answer. I did
not know Mr.. Ruef got a 5000 fee and
l got no part of it
Didn't Mr Ruef tell YOU he would
get a fee?" asked Heney.
The advice of all your counsel. Mr.
Mayor. is that you should not answer
that question" said Campbell.
Judge Dunno, however, instructed
him TO answer
'He did not" replied the mayor.
"Did Mr.. Ruef call at your house in
this city early in 1906 and pay you part
of $4,000 given to him by Malfanti?"
He did not answered the mayor.
This ended the mayors testimony. as
several questions asked by Heney were
ruled out.
When the mayor retired from the
witness chair his face was very pale
and his hands were freD7bIipq