The San Francisco call., 1907-06-12
Error of the Defense Affords the Prosecution an
Opportunity to Impeach Mayors Testimony

HE never mentioned me-"
Did you, in fact. have anything to
do with suggesting sending the men
there?s
WANTS TESTIMONY EXCLUDED
Campbell objected on the ground
that 1t was a repetition of Reagan's
testimony on direct examination Heney
argued that, owing to a ruling OF the
court, they had not been able to ask
foundation questions on this subject in
the examination in chief. hence he
must in rebuttal ask categorical ques-
tions.
Campbell was not able to satisfy the
court that the ground had been COW
cred and the objection was overruled.
Hiram w. Johnson asked Reagan:
Did you tell Scott that 1t would be
good scheme to put UP job on Tor
toni?'
NO, sir"
did you tell Smith or Scott to send
couple of men in there?"
mo, never did,
Did you suggest that the job should
be put up on Tortoni to Scott. Smith
or Condrotti. or to anybody else?"
Never"
Did you ever tell Condrotti that you
would hold UP the license Of the Bay
State at any timer
mo. sir"
CALLED TO IMPEACH SCOTT
boss and dealer in electrical goods,
was called by Heney for the purpose
of impeaching Scott and Smith.
You know Reagan" asked Heney-
Very WELL" replied the witness
Were you In his Office prior to the
primaries of. August, 1905, when N. p.
Scott and Smith were present."
Yes, SIR
did you hear then a conversation
l'of which this is the substance. Scott
saying to Reagan, we are having lots
of trouble at the Cliff house; they are
unfair and they are as bad as Tor
toni's. We want to get their license'?'
Yves. sir that Is the substance of it,
Did Reagan say, If you will bring
me evidence that any restaurant or
saloon Is sending out for women 1 will
vote against renewal of their license =
"He did"
PUT UP JOB ON TORTONPs
Did you Inquire about Tortonfs?"
Yes SIR"
What did. Scott say?"
He said that they had put UP a
job on. Tortoni and got two men to take
women there"
Despite Campbelps efforts the wit
ness told the jury that Scott and Smith
gave him to understand that the job
was wholly their own conception
Heney then sent the blood of the
regulars tingliug through their veins
by calling sharplyss
Call Abraham Ruef."
The heads of the sextet at the de-
fendant's end of the table were IN
stantly bowed in earnest consultation.
Ruef had been waiting In an anteroom
for more than an hour. He walked
down the aisle that compelled him to
brushs the mayors elbow as he passed
to the witness stand. He did not give
his former -partner,a glance, but step
ping in front OF, the jury box. slipped
on his oyercoat, was sworn and
mounted the stand ready to tear down
the veil of pretense behind which his
fair weather friend was trying to hide
Campbell succeeded in deferring the
removal OF the screen until this morn
ing, when after a half dozen questions
directly touching the division of the
spoi1s with sSchmitz, Heney will turn
Ruef over to Campbell for cross ex-
animation. The prosecutions case will
dence of extortion money finding it's
way into the Golfers of Schmitz.
"Mr. Ruef, II the month of january
or February, 1905, in the house at 2S49
Fillmore street, then occupied by Eu-
gene 3. Schndtz, did you give Schmitz
$4,000 In currency?" queried Heney
after Ruef had been sworn.
Campbell strenuously objected to the
testimony on the ground that the prose-
cyrff f1xz = -
by Schmitz In the morning as those
questions were not properly founda-
ton questions
CALMLY SURVEYS sCHMTTz
The galleries were opened at this
point and the court was compelled to
motion for Campbell to desist while
Ruef sat with knees crossed, calmly
surveying the defendant and the spec
tators. The jury did not interest Ruef
He dismissed its members with a
glance Schmitz busted himself ner-
vously with the papers before him on
the counsers table, shooting at Ruef
an occasional and inquiring glance
from under lowering brows. The mayor
was plainly disturbed and 1t was with
an apparent effort that he appeared to
follow the argument advanced by his
CHIEF counsel
AS Campbell prolonged his argument
Ruef lost some of his poise. He began
to show that he was uncomfortably
conscious of the fact that he and not
the attorney was the center of a
strained interest. AS he took apparent
cognizance of the situation his color
heightened. With slight flush on his
face It was new Ruef that most of
the spectators saw 1t was not the
debonnaire, arrogant boss Of six months