The San Francisco call., 1907-06-12

The defense had chosen It's pain ana
must follow it. Ruef stood at it's end
The prosecution had not put Ruef on In.
its examination in chief because 1T did
not want to subject him to an unlfm-.
tied scope of cross examination
Schmitz had made him possible as
witness in rebuttal.
The defense opened its case by call
ing N. p. Scott, an employe in the office.
of the board of public works and former
ly the business agent of the walters
union. That he was an empIoye. of the
board of public works was not, how
ever brought out in the direct examine
tion. AS clearly forecasted by Camp,
BELLS cross examination of former Po-
lice Commissioner Thomas Reagan and
his opening statement, Scott was called
for the purpose of showing that the.
holdup Of the French restaurants was
planned and contaminated by the
cooks and walters unions, without the
connivance of Schmitz. Scott was fat,
bald and fluent. He was a real con-
spirator and wished to leave no room
for doubt of 1T. His. fellow conspira-
tors. he told the jury. were Thomas
Reagan and Charles A. II. Smith
They, and not Schmitz, had put up a.
job on the proprietor of Tortoni's
French restaurant in retaliation of the
restaurateur's failure to employ union
cooks and walters.
On the direct examination Campbell
asked Scott:
.In the early part of November, 1904,
did you have a conversation with.
Thomas Reagan at his office In the.
Kolb building with reference to Tor
toni's license?"
''Yes, sir"
who was present.
Charles Smith, business agent of
the cooks union, and Adolph Condrotti,
business agent of the bar tenders
union"
state what was said there?"
Heney objected to the. question on
the ground that the testimony sought
to be elected was for the purpose of
impeaching the testimony of former
Police Commissioner Thomas Reagan.
He argued that the inf1exib1e rule was
that for purposes of impeachment the
exact question asked the witness
sought to be impeached must be put
TO the witness for heSdefense.
The court sustained the defense.
CONVERSATION WITH REAGAN
II told Mr. Reagan" said the wit.
ness, that Tortonis and other places
employed nonunion help and that we
had tried to unionize them and failed.
I asked him If there was no way of
9
while and then said: Have two good
boys take their girls there. That will
show they are harboring women
Then, after a consultation,aswe de-
cfded to have the house send for the
women. We got two men, One looked
like a veritab1e K1ondiker and the
other like real sport We gave them
$50 and told them to go to Tortonis
and have a good time The witness
went into elaborate details of how tho
unions spoilers were told to become
friendly with the walters, get them 20
send for women and the manner in
which they were instructed to keep
possession of the checks. The spoilers.
he said, were told to buy good wine and
tip the walters literally. Then theywere
to ask for a room in which they might
discuss some private business. After
securing the private room they were
to ask for women and finally, when
they got their check they were to pre-
tend they had lost it and demand an
other to enable them to bring away
one as evidence. This program, the
witness said, was carried out in detail
The cross examination quickly de-
veloped that Scott was no longer q
waiter. but an employe of the board
of public works.
when did you get that tob2v asked
Heney s4-.s,
About last August" ss-sA
''Was that about the time Reagan
went out of Officer"
'I don't know
MAEsTRETTI GOT HIM JOB
Il thinkNiet me see-I think Mwas
Maestretti."
Did you not instruct the walters
who worked in the place to listen to
everything that might be OF interest
to the mayor. and did you not fre-
quently report to Schnlitzy
YES" reluctantly admitted the Wit
ness. mot frequently"
You were at the time of the Tor
torni hoIdup acquainted with Ruef?'
demanded Heney.
HE was our attorney"
~Did you not tell Ruef about having
these men go up to Tortonfs?"
40, SIR
'sWho prepared the complaint
"The secretary of the police board
You didn't tell Ruef about that?"
mo, SIR
Didn't Ruef testify before the
board?"
mo, sir don't know
Didn't Constant testify at that
meeting in your presence that Ruef
had come to his place and told him
that the women had been In his place,
and that if he did not unionize his
license would be taken away?"
only to the first part" admitted the
trapped witness. Pressed for an ex-
nlanation, he said Ruef could not have
told the restaurant man about the
women, because they were sent there
after the meeting at which Heney
forced him to remember Ruef had testi-
fed.
did not schmitz help you unionize
the places"
"Mr. Schmitz told re Scott, be care
full what you do.
where was that conversation"
Took place in the mayors Office
BY rapid fire of pointed questions
Heney forced the witness to admit that
he was always friendly with Schmitz,
and that while Reagan concocted the
scheme TO hold up the French restau-
rant licenses, Scott and his confreres
managed the affair without his advice,
After Scott had left the courtroom
Heney heard the former waiter was
sailing under an alias, but a. search
covering the afternoon resulted in fail
ure to locate him for further CROSS
examination
SCHMITZ TAKES THE STAND