The San Francisco call., 1907-06-13

testify. / am going to tell you that W.
prepared the questions we put studi-
ously over the midnight lamp to hol1
this case down to where the law puts
it and to meet the points only 10
which the indictment brings US.
MY relations with Mr.. Johnson are
the proudest 1 have. We have been
with one another and against one an
other. and / will take his word and
stake mine upon it. save under the con-
ditions which govern him at present.
II have got a duty here and / need
not tell you whether or not / receive
compensation-thoug l would like 20
but the law puts the duty on me.
When Mr.. Johnson descended into the
depth of improperly in his endeaVOr
to prejudice you against this defendant
he knew that by right the defendant
did not have to testify. His honor
will instruct you on that"
IF you are saying that as a matter
of law. Mr.. Barrett" said Johnson.
calmly. II object-if as a personal
statement. I allow it,
The court did not allow me TO in
terrupt." replied Barrett.
Judge Dunno admonished Johnson,
and Barrett continued;
II want you to get the atmosphere
OF this case. Let me ask you: Did
any of you ever sit on a jury where
personal malice governed the proSecU-
ton? Let me remind you of their treat
rnent of the witness, Scott-hOw thew
sneered at this man: how he was called
back to recount the failure of long ago.
in a strange land, and to iaunt i
before you. 1t might be presumptuons
of me to claim as a friend Mr. Johnson.
but, gentlemen, blind indeed you are
IF you haven't see him sitting on the
lap OF his client Rudolph Spreckels.
AssAILs sPRECSELs
II want you to understand. gentle
men-I'll take up the facts before I
finish--I want you to understand why
the prosecution has been taken from
the hands of the officials you elected
and placed in the hands of private
prosecutors i want you TO understand
that this attack, this persecution. has
taken this form because the powerful
private interests which are behind it
and which are backed by these rich
men, led by Rudolph Spreckels, with
his limitless wealth, have found that
through the ballot box their bitter
enemy. Eugene E. Schmitz. is invinc-
ible. That's why this case is on trial
That's why we are dragged into the
mire Of this persecution.
you've had considerable told you
about Ruef. but very little about
Schmftz. Volumes have been filed
with the testimony brought in here.
Dut you could reduce 10 one page of
that book all that has been said
against Schmitz in this case. These
private enemies saw. enough colorado
circumstances connected with the citys
administration TO convict this man T.
they could do one thing. They knew
that conviction of the man they hate
was contingent on their ability to pack
this jury.
Thank God, they haven't done it.
look you IL men in the face and I
know that they have failed Before
God, II you Il men come back and say
that Eugene E. SchmitZ is guilty I'll
take your word that it is true. I'll
surrender my private judgment and ac-
knowledge that L have been wrong in
believing him innocent Try as they
would. these prosecutors could not
pack this jury with men of precon-
ceived opinions.
Il want you. gentlemen. in that hour
which l dread, when the great Mr..
Heney-for he is great and he ac-