Los Angeles herald., 1907-06-08
Restaurateurs Say
They Were Afraid
of Boss
Feared Licenses Would
Be Revoked by
Commission
Testify That No Threats Were Made,
but That They Preferred to
Know That Permits
Were Safe
Ry Associated Press.


CAN FRANCISCO, June 1.-The pro-
prietors Of the five French res
taurants alleged to have been vic
timized by Mayor Eugene E. Schmitz
and Abraham Ruef testified for the
prosecution today in the trial Of the
mayor for extortion.
Two things stood out most prom
inently when they had finished: First,
without exception they claimed to have
paid the $4,000 protection fund because
they were satisfied that unless they en-
ployed Ruef they would lose their
Licenses, and as a result their business;
second, without exception they denied
that any threat had been made that
they would lose their licenses unless
they employed Ruef and paid him, or
that Ruef asked to be employed, or that
he or any one In his behalf solicited the
$4,000 or any sum of money whatever.
The prosecution contends that 1t is
building up certain conviction by estab-
fishing by circumstantial evidence, or
seeking to establish, the fact that GER
tain of the French restaurateurs
themselves acted as the agents of Ruef
in suggesting that he be employed TO
protect their licenses for them and In
the developments which followed; and
Mr.. Heney has promised to prove-pre-
sumably by the testimony of Ruef him
self, who has turned states evidence
that the money paid to Ruef was by
him divided with the mayor, after
which the licenses were granted.
The defense takes the position that
thus far the prosecution has utterly
failed to support the accusation against
the mayor, inasmuch as he is charged
with having '"extorted through threat
and fear"
Session Saturday
Judge Dunne who has several times
expressed himself as anxious to have
the case progress with as little delay
as possible, will hold a Saturday morn
ing session in Judge Cooks court room
at Fillmore and Post streets, BY the
noon hour the prosecution expects to
complete it's main case.
Jean Loupy, for eight years proprie-
tor of the Pup restaurant, now en-
gagged in the saloon business, was the
first witness called by the prosecution
at the resumption of the Schmitz trial
this morning. The Pup was before the
fire, Abe Ruef's political headquarters.
There every evening after o'clock
the political boss of San Francisco was
accustomed to receive his lieutenants,
confer with them, receive reports and
issue orders.
Loupy, examined by Assistant Dis
trict Attorney Heney, told of the regu-
larity with which Ruef and Mayor
Schmltz frequented this restaurant af-
ter dark. Ruef always had his dinner
there, and afterward held private court
in one of the small dining rooms on the
second floor. After his appointment to
the police commission DIR. Joseph F.
Poheim was often caller at the Pup
to see Ruef and the mayor.
On the evening of the day Delmoni-
co.'s liquor license was revoked the wit
ness called Ruef on the telephone and
made an appointment for II o'clock the
next day.
.'The next day." said Loupy, IT called
on Ruef and asked him what was the
matter, why was Delmonico's license
taken away. I suppose my turn will
come next. Can't you help us? Can't
you be our attorney, and how much
would be your fee?
No Checks Col
"Mr Ruef said: We'll, If you want
me to take your case as a lawyer 1t
will cost you $1,000 year on a contract
for two years And the money must
be in currency-no checks CO.
'I went to the other restaurant keep
ers and told them, at meeting at the
Bay State They said the price was
too much. Then Pierre Priet spoke up:
L know Mr.. Ruef, he said. I will go
and see him and fix this up
"a day or two later we had another
meeting at Marchand's Of proprietors
of the New Poodle Dog, Delmonico's
Marchand' the Pup and the Bay
State. Priet reported that he had been
to see Mr.. Ruef and that Mr.. Ruef
would take our cases and protect our
licenses for $4,000 a year. We all hve
agreed to pay this, and contributed our
shares. Pierre Priet took charge OF
the money and deliver it to Mr..
Ruef."
"Take the Witness" said Mr., Heney.
Cross-examination. by Mr.. Campbell
for the defense brought from Loupy tne
emphatic statement that Ruef mao
never come to the restaurant men and
offered his services or asked to be en-
ployed. bu. on the contrary he was So
licited by himself, in behalf of the res
taurateurs; that Ruef SAID he wouid
rather not take the case, but that II
they wanted him his fee would be $7OoO
a year. a. .s,a
Mr.. Ruef ever, on any occasion, threat
en- that if he was not employed, and II
this money was not paid to MIN, you
would lose your license?"
mo, never" replied Loupy.
No Threats Made
''Did you ever report to anyone that
Ruef had so threatened?"
IT never did. No threat was MADE
at ALL"
tContinued on Page TweIve)