The San Francisco call., 1907-06-12

Continued from Page i, Coils. 4 and 8
the mayor himself and showing him as
the victim of organized labor's con-
spiracies and political persecution.
The other painted by the confederate
he has repudiated. This picture will
show Schmitz as a greedy vulture, in
sisting upon his full and equal share
OF the foul meat harvested by his
partner in municipal prostitution.
Schmitz made possible this fitting end
to the yilest story of American munich
pal rottenness by his own testimony.
Believing that the prosecution had been
afraid TO produce Ruef as witness
Schmitz took the stand in his own de-
fense. His attorneys tried TO confine
his testimony to q brief denial OF the
statements made by former Police Com
missioner Thomas Reagan. They failed
Heney, aided by the rulings OF the
court and the obstinacy of Sehmltz
himself, got him to deny that he knew
anything about conspiracy against
the French restaurants and that Ruef
had ever divided any of the French
restaurant fees with him. This tesu-
monv opened the way for the intro
duction of Ruef as a witness In re-
buttal without subjecting him to un-
limited cross examination on all phases
of the criminal practices he has con-
fessed before the grand jury.
SEES TRAP WHEN TOO LATE
]. c. Campbell, chief counsel for
SchmitZ saw the trap he had walked
into the instant Schmitz was turned
over to Heney for cross examination
He made a desperate but futile effort
to save Schmitz. In his desperation
he invited punishment for contempt
and consequent removal of the ques-
Ixr ld
ing Schmitz TO refuse to answer the
questions put by Heney and sanctioned
by the court. Schmitz did not grasp
the situation. He saw an opportunity
for dramatic denial of his completely.
He embraced the opportunity and open
ed the flood gates for the damning ac-
cusations of the partner he thought he
could f1out in safety.
Campbell postponed the deluge until
this morning by long argument In
response to his plea that he be given
an opportunity TO find authorities in
support of his contentious, the court
excused Ruef until this morning.
Should Campbell achieve the improb-
able and secure ruling that Will ex-
clude the testimony Of Ruef, he can
not remove the effect the Introduction
of the curly boss has undoubtedly had
on the minds of the jurors. Schmitz
must pay bitter price for the few
minutes he occupied the center of the
stage.
Permitted TO testify, and he un-
doubtedly will be, Abe Ruef will tell
the jury that he divided his fees"
with Schmitz. He will tell the jury
that while he collected the $4,000 IN
good enough faith as a retainer for
legal services, his rapacious partner
in the vending of Official protection for
vice refused to consider the money as
wholly Ruefs and insisted on dollar
for dollar division.
The prosecution has proved con-
spiracy, which Schmitz admits, but
denies his participation. On the ques-
ton of participation the prosecution
will leave with the jury the word. OF
Schmitz against that of Ruef coupled
with the testimony of the men who fur
nished the money.
HENEY WILL CLOSE CASE
The taking of testimony will end to-
day with Ruef. The arguments of
counsel and charge of the court should
be completed and the fate of Schmitz
be in the hands OF the jury tomorrow
night Hiram w. Johnson will make
the opening address for the prosecu-
tion. j. C. Campbell is expected TO
make the principal address for the de-
~
at least one Of his associate counsel
and Special Prosecutor Francis j.
Heney will close the case.
Whether the prosecution has deliber-
ately planned the traps the defense has
unwittingly walked into or whether
Heney and Johnson have simply taken
advantage of the mistakes made by the
defense may be an open question. That
in cross examination Campbell has fire.
1xr 1ad IN cfr 1crff hoy
his case and that the defense finally
made the introduction of Ruef possible
and safe are not open questions They
are obvious facts.
The crowd that gathered early tt
glut its curiosity in the enjoyment OF
Schmitz' anticipated defense sat in
tense atmosphere throughout the day
The case of the defense was completes
by four witnesses-Eugene E. Schmitz
disgraced mayor; n. P. Scott, attachs
of the board of public works.. and for.
merly business agent of the walters
union; Charles A. H. Smith, Iaborel
and formerly business agent for the
cooks union, and Adolph Condrotti
railroad employe and formerly business
agent for the bar tenders union.
Everything went according to ths
! anticipated program, except for the
disaster that befell Schmitz. Scott
Z
story of how he Smith and formel
Police Commissioner Thomas Reagan
put up the job to. force the forfeiture
of TortonPs license. with the employ.
ment of union cooks and walters as tn.
price of its restoration. Smith was no
so fluent ~correspondingly NOR.
convincing. He corroborated the stor,
told by Scott. The testimony given b,
Condrotti was also corroborative oi
the evidence given by Scott and Smith
MAKES GRAND STAND PLAY
Scott had completed his too ripping
tale, when Campbell sent thrill
through the room by announcing "Eu-
gene E. Schmitz-"
Campbell questioned Schmitz K
bring out unqualified denials of Tho
conversation Reagan told the jury ht
had had with the mayor and ther
turned the mayor over to Heney',
tender mercies. The special prosecu
tors first question uncovered the mis-
/ take that had been made by putting
Schmitz on and started the battle whicf
Campbell waged with commendabl,
desperation for the protection of hi.
client.
Heney put squarely to the mayor the
question::
Did Ruef pay you any part of tn.
$4,000 he received from the Frencl