Los Angeles herald., 1907-06-12
Dramatic Scene Is
Ended by Sudden
Adjournment
Mayor Denies That He
Received Money from
Restaurants
Accused Official Eager to Answer
Questions Put by Heney--His
Attorney Braves Sentence
for Contempt
By Associated Press


SAN FRANCISCO, June 11.-No
serial story editor ever cut off a tale at
more tantalizing point than that
selected by circumstances this after
noon for closing the extortion trial of
Mayor Schmitz for the day. The prose-
cution had maneuvered an eleventh
hour sensation by calling Abe Ruef to
the stand in rebuttal, to contradict de-
mails made by the mayor himself on
the witness stand earlier in the day,
and the fallen boss had opened his lips
to answer the question: "Did you pay
half of this extortion money to
Schmitz?" when the defense launched
an objection whose determination was
still In doubt when overnight adjourn
ment was taken three-quarters of an
hour later.
Former Judge Campbell, senior coun-
sci for the defense, called Mayor
Schmitz to testify in his own behalf as
| the second witness of the day. The
mayor mounted the witness stand
shortly before II o'clock and occupied
| 1t for more than an hour, during O.
considerable portion OF which time on
posing counsel were wrangling over the
| right of the prosecution to ask the
mayor in the course of cross-examfna-
ton whether Ruef had divided with
him any of the fees alleged to have
been paid him for protection by the
French restaurant keepers.
schmitz Eager to Answer
| The mayor exhibited an eagerness TO
waive technicalities of law and answer
| squarely the issue. This he did again
and again by abrupt and unqualified
denials after Campbell had withdrawn
his Instructions to his client not to an
| swer at all.
Judge Dunno warned the mayors
chief counsel not to give such instruc-
tions, but Campbell, COUGHING his retort
In the most courteous of language, said
| that he would disregard the mandate
of the court even If it led to sentence
for contempt. Such a contingency was
avoided, however largely through the
| seeming eagerness Of the mayor to
give Assistant District Attorney Heney
an answer for every question put
The defense, whose day this was for
the introduction Of evidence, called in
all only four witnesses, and the direct
examination of each of them went to
the establishment of two points only:
First, to overthrow the testimony of
former Police Commissioner Reagan
that the mayor had attempted to use
French restaurant men to come
through" with protection money to
Ruef; second. to prove that the holding
up of the French restaurant licenses
was the result of a labor union plot to
ruin their business, because they or
some of them had refused to yield COM
plete obedience to the mandates Of
unioniSm.
A few minutes before o'clock the
defense announced that it rested, The
prosecution, after a fruitless wait OF
nearly half an hour for a missing wit
| ness whom 1t was desired to recall, put
| on the stand Vice President Timothy
R. Sullivan of the National Electrical
Workers union. BY him it was sought
| to overthrow the testimony of one OF
the defense's witnesses to the effect
that Commissioner Reagan himself had
suggested the union plot referred to.
Mr.. Reagan was recalled to supplement
Sullivan's testimony.
Ruef Called to the Stand
At $40 o'clock Assistant District At
torney Heney said in loud voice:
"Call Abraham Ruef."
The mayors former political partner
had been brought by two guards from
his prison house in Fillmore street
the house that once was the mayors
home; the house where, according to
I1e pTOS6CullOIlt INuSL ulNANSu VIII kAAAAi
the protection money alleged--aIld
taken into Judge Dunne's chambers by
a back way, so that the big crowd in
the synagogue was ignorant OF The
prosecutions coup until 1t was sprung
Ruef, pale and composed, wearing his
overcoat and carrying his hat, entered
at the back of the altar and made his
way around the crowded counsel table
70 the clerks desk, where ne took the
oath. Then he slipped out of his top
coat laid it with his hat on the altar
floor. and climbed up into the witness
chair. cynosure of thousand stareS.
Don't answer any questions, please,
until the defense has had an oppor-
tunity to object" cautioned Mr.. Camp
bell.
Ruef nodded acquiescence.
"Mr. Ruef," asked Assistant District
Attorney Heney, without hesitation,
ain July of 1905, in the house on Fill
more street, the home at that time of
Mayor SchmitZ, did you give Mayor
Schmitz $25OO?"
The prosecution alleges that Ruef d.
yided evenly with the mayor the moneys
paid him by the restaurateurs. and that
the first installment paid by them was
$4,000.
To this question Mr.. Campbell inter-
nosed an objection, whose argument
was still in progress when adjournment
was taken at 4:30. He fought hard for
that adjournment, pleading that he
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