The San Francisco call., 1907-06-11

of the jury: Owing to the abrupt end
ing Of the case, the statement of what
the defendant expects to prove must be
somewhat shortened. We will prove to
you that the defendant has not been
connected with a single matter men
toned in the Indictment We will prove
to you that he was not connected with
holding up the license of single
French restaurant. We will prove to
you that the conspiracy against the
French restaurants did not emanate
from the defendant, but from entirely
cross examination the defense will
complete its case tomorrow"
BASIS OF THE DEFENSE
Campbells outline of his defense CO.
incides exactly with the character of
his cross examination of the prosecu
tion's witnesses. The defense will CEN
ter its first attack on former Police
Commissioned Thomas Rea gan. 1t will
endeavor to show that the conspiracy
against the French restaurants was not
Matched by the mayor and Ruef. but
that it had it's origin in the cooks and
walters union. 1t will contend that
originally the fight was precipitated
merely for the purpose of compelling
the restaurant keepers to employ union
walters and cooks. It will attempt to
show that the mayor, relying on re-
ports made to him, believed the French
restaurants were not properly con-
Quoted and encouraged what he be-
lieved to be a righteous movement. His
change of heart will be attributed to
better and later information and sin
cere desire to save the union labor
party from harm. That there was
conspiracy IL will not attempt te deny
That Ruef was party to it will scarce
ly be controverted. in the face of his
plea of guilty, accompanied by pro-
testations of innocence. And finally, the
defense will stand on the claim that
the prosecution has not been able to
prove that Schmitz profited by the con-
spiracy. Incidental to this defense will
be running fire of vilification of the
prosecutors of an innocent fiddler
who fell, all unwittingly, into bad COM
pany.
That Schmitz will be put on the stand
is an open question. with the odds in
favor of his appearance as a witness in
his own behalf. His case would not
necessarily be discredited by his fail
ure to take the stand. but despite the
terrors of cross examination, 1t might
be well worth while TO permit him to
make few soulful protestations of his
innocence, coupled with a few April,
1906, high lights.
CLEARS WAY FOR WITNESSES
The court, after declining to order an
adjournment, told the defense that he
would not insist upon the introduction
of any testimony until today. His in
sistence upon the opening statement
being made yesterday resulted in clear
ing the decks and the first witness for
the defense may go on the stand i'm
mediately upon the convening of court
this morning.
While the forces of the defense were
in retirement framing an opening state
ment, Heney said in explanation of the
abrupt termination of his case:
II think we have made clear and
complete case of extortion by showing
that Police Commissioner Reagan held
up the licenses at the instigation of the
mayor, who was familiar with the
French restaurants and their business
and who kept them held up only long
enough to enable Ruef to collect the
alleged fee. The fee collected
Schmitz removed Hutton to make the
renewal of the licenses possible. That
is the case We have proved it. No
of conviction
Judge Dunno, before sending the jury
for an automobile ride with Elisor
Biggy, took notice of the alleged at
tempts at jury fixing by the defense
The court told the Jurors that he had
instructed the e1isor to deliver letters
and packages to the members of the
| jury only after examining their con-
tents Judge Dunno said.
Il know. gentlemen, that you will be-
lieve this action is taken wholly with
a desire to perform my full duty and
to protect us all. / am sure you viii
not misunderstood the motives behind
/ the performance of an unpleasant duty
and that you will continue to help me
in the performance of my duty
I'VE will" chimed the jurymen, who
apparently have come to welcome the
courts daily admonitions as friendly
visits. Usually after the court has
formally warned them against discuss
! ing the case among themselves or with
others and against forming an opinion
until after the case is completed. he
drops a word or two of sympathy fol-
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