The San Francisco call., 1907-06-13

his utterances, TO remember that he
speaks not in behalf of the people of
the state or of the officials of the city,
but that he is I'm the pay of man
whose wealth knows no limit II Mr..
Langdon had conducted this case from
start to finish it would not be in my
province to say this, but he has not.
and in their anger these other men
have undertaken one of the hugest
tasks that was ever attempted in this
city They have made their claims and
they have more at stake in fulfilling
them than ! can tell you
AUTOMOBILE NOT STOLEN
Mr. Johnson commented on my
clients automobile. and every morning,
noon and night the leading counsel for
the prosecution comes in closed
carriage owned by his millionaire client
and leaves in the same brilliant equip
age Stolen how dare you, sir, tell
me that my clients automobile -
stolen2 Gentlemen. it belongs to the
city / tell you on oath as an at
torney. the city owns that automobile.
Barrett then made scurrilous ref
erenee to Rudolph Spreckels' character.
Judge Dunno interrupted: Mr.. Barrett,
confine yourself TO the records in this
case
Then I'll quit about fallen women,
Waldorf Astoria. stolen automobiles.
labor unions-his honor said they were
not in the case.
Commissioners Reagan. who did not
know after an hours examination
Poodle Dog from Boston terrier, and
Ruef. who came in chained 70 guard,
out OF their sight--those are the two
types of characters on whom the people
relied to prove their case. One more
minute and l viii get to facts
Don't be intimidated. Mr. Johnson
said that If you render a verdict OF
acQuittal it viii be owing to your
lack of intelligence or supineness or
something else. If you dare TO let your
Judgment be mot guilty" the people
would hold you. and the newspapers
would hold you accused of being bribed
that's. what he told you. The idea of
him telling that to a jury of his own
selection. You can't be frightened,
I've told YOU of the big type and the
large pictures in the newspapers. You
all said YOU were so strong in your
duty you did not fear them-that yo1
courted that when you chose to try
man presumed TO be innocent. / pre-
dict Mr. Heney will fill you full of
the same stun. He isn't bad at that.
can hear his voice now coming down
the ages; l can hear him at the top
of his voice defying you to render a
verdict of not guilty
Mr.. OMara. | hope you Amt scared
out of your duty by the little glass of
beer incident"
Nothing can scare me- replied
OMara quickly from the jury box
That's right, Mr.. O'Mara,'' said Bar
rett
Heney took part in the persifage.
i hope you are not trying to scare
me out of making that famous speech
l intended" he said
Il would like to scare you out of it,"
said Barrett. and l will, if L have to
kill you with kindness.
WANTS JURY TO UNDERSTAND
4 just want you TO understand these
various phases. We have implicit con
fidence in you, and il you should rem
der verdict OF. guilty we won't think
you were bought or that somebody
slipped a package of money to you
through keyhole. The prosecution
says that you cannot return a verdict
of acqqittaL What do they mean?
They mean that if you do you will be
branded by them and your pictures
shown in the papers with big type.
They mean to tell you that if you do
find this defendant guilty you will be
accused of having accepted a bribe.
That is what they mean. But don't let
yourselves be frightened by these in
situations
If Mr.. Johnson had not read you
two sections of the Penal Code, sections
51S and 519, l venture that you would
not know what Mayor Schmitz was on
trial here for. / expect that some of
you believe he is charged here with
extorting money from Marchand's or
the Poodle Dog or Franks or Jacks,
or some other French restaurant, and
1 don't blame you for being confused.
You come here to answer a definite
duty When a defendant comes into
court he comes on a charge contained
in a paper called an indictment-a
charge that must be definite and con-
else and couched in definite and concise
language. When you retire to con-
slider the evidence in this case, / ask
one of you to ask the court to allow
you to take that indictment into the
room with you. that you may have the
charge before you and not be confused
in considering the bearing of this mass
of testimony on it. Suppose you should
come in here and return verdict and
then find out later that you had consid-
cred evidence which had no bearing on
the charge and that the verdict you had
returned was based on other evidence
wouldn't it be a terrible thing?
Take this indictment with you. Re-
member that not all that has been said
IN this case and that is included in this
record has anything to do with the case
itself. If the conversations among
these French restaurant owners when
Schmitz was not present had been left
out of the records you would have
volume but half the size of this. They
have told you of things they said at
their. own meetings. with Schmitz not
there to defend himself. / am going
through this testimony in detail with
you, but 1T is now nearing the hour of
adjournment and 1 want to leave this
one thought with you over night"
JUDGE dunno INTERRUPTS
If Barrett had expected that this
suggestion that he be given until to-
day ito prepare the remainder of his
speech for delivery this morning would
be sanctioned by the court. he was
quickly disillusioned, for Judge Dunno
promptly interrupted him:
I'm going to stay here until you
finish, Mr. Barrett" he said.
Barrett showed no chagrin, If he felt
any over the failure of his ruse to
gain time, but responded with a bow. (
Thank you, your honor. That suits
me much better"
And then, with but a moments de-