Los Angeles herald., 1907-06-13
SCHM|Tz GR|L[ED
BY PROSECUTOR
ATTORNEY JOHNSON PLEADS
FOR CONVICTION
Asserts Mayor Is as Guilty as Is Ruef
and Says Latter Is Guilty or
He Would Not Have Con-
fessed
.continued from Page one,

legal career. eventuating in political
| pre-eminence that made him the mas
| ter of many men. The other-three
times elected mayor of the city of his
! native state. All! San Francisco mas
been good to that man, jurymen! San
Francisco has done well by that man:
San Francisco had the right to ask or
| him fairness and decency and integrity
| in administration, and a full, frank ana
honest disclosure of all things When
suspicion unhappily fell upon him. II,
then, the very coins that Jtngled IN MS
pockets were said to have been eX-
| torted from fallen women-h the very
vehicle in which he rode about the
city was declared to have been
stolen-if he were accused ana Went
upon the stand to defend himself, ana
didn't tell what he knew, and tried to
MT his own silence on the shoulders
of his lawyers-wouldnt you say he
was guilty and his attorneys knew II!
This case could not be stronger II
Mayor Shcmitz took the stand anu
confessed as his co-defendant Rue1
has done. 1t couldn't be stronger II
Schmitz signed written CONFESSION: l
don't care whether Ruef says ne Is
guilty in one breath and innocent III
the next-I know he has pleaded gullty
and in this day and generation, jury
men. no man, especially no rich man.
pleads guilty and bows down to shame
and offers himself to felon's strlpes
unless he is guilty. Don't you KNOW
that from experience?
"This community of ours in its every
aspect is on trial. There Is no neeu
for us to boast of the sovereignty VI
the people If we are unable, When ol,l
public servants go wrong ana comnll
crimes. for any reason or from any
rI1niShment, LII
the last analysis it is up to YOU my
friends; and if you are unable TO 90
vour nlain duty the fault be upon your
heads and yours alone! IT.
"Oh! l beg and pray you IN inns
last time, do your duty when passing
upon this mans crimes! Do 1t rear.
lessly: do it for this whole people OF
ours: do it for this community; 90 II
that we may uplift our city II puI
little bit-that it may be Httle pet.eI
under your administration and under
ours Do it that San Francisco may
survive if it's possible, and that we
NAV saw to the world, to this Worlo
that now points the finger or scorI
at us. Although we have erred ana
orr neople have done wrong, we nave
done the best we could to right II, ana
we are on the march again TO new
and better and nobler San Francisco.
That is what peg you W w oil "e4-
of this prosecution
Barrett Congratulates Him
AS Mr.. Johnson resumed his seat at
the counsel table Mr.. Barrett of the
defense grasped him by the hand and
whispered words of compliment IN MS
ear. Very good of you, I'm sure
was the reply.
Mr.. Barrett began his speech to the
Jury at 3:40 o'clock and concluded a
few minutes after the big synagogue
clock had marked g. He sorted, ex-
anlined, exhibited and compared a |
great mass of detailed evidence with
skill and vigor; his deductions were
often forceful, his logic at times in
cisive or persuasive as circumstances
required
Mr.. Barrett exclaimed Eyes, San
Francisco has been good to Eugene
Schmitz, that's true! But Eugene !
Schmitz hasn't been good to Rudolph |
Spreckels; that's why we're here to- |
day, my friends" His insinuation was
that the mayor, through the board of
supervisors, had turned down a trolley
franchise which the defense maintains
was sought by Mr.. Spreckels, and that
the present bribery graft investigation
and prosecution is the implement Of
pique.
"Heney," said Barrett in the course
of his speech, like Johnson, is in the |
pay of a mana private prosecutor
whose wealth knows no limits, and who
has lavished it on this prosecution as
few men had ever lavished wealth on a
hobby before. And what is there in the
Spreckels reputation in this city for
public spiritedness, for fair dealing.
that he should be pitted in virtue
against Eugene Schmitz?"
'Mr. Barrett reprimanded Judge
Dunno, "you must in your argument
remain within the evidence" Barrett
began a tart reply about the straying
afield of the prosecution in that regard,
but the court cut it short with re-
fusal to hear any answer at all.
ClimaXing an impassioned plea to
the jury not to be intimidated by the
prosecution, it's friends or a bitterly
hostile press, Mr.. Barrett said: 'If
you render verdict of guilty we'll
not accuse you of having been bought
to do it; we won't insinuate that some
body slipped you a package of money.
Well believe that you considered the
defendant guilty and voted your
honest belief. But L warn you, I warn
you. gentlemen, not to be intimidated
by Heney."
Claims He Is Innocent
Mr. Barrett contended at length that
nothing pointed more decisively to the
innocence of the mayor than the fact,
brought out on the witness stand, that
he had not approached Police Commits
sioner Reagan with requests to hold
up the licenses, but that in reality
Reagan went with that suggestion to
the mayor, basing his suggestion on
the ground that the French restaurants
were immoral places
He claimed that Ruef had testified
under complete immunity under
standing with Heney and Burns, $50
cleverly arranged as to form that Ruef
could not put his finger on it and testi-
fy to it in court" HE had to involve
Schmitz to get terms" said Barrett.
His life depended on it, He was
smothered under 100 indictments. Yet
he came here and was as flippant on
the stand as a child at play around