The San Francisco call. [volume], June 04, 1907, Page 3, Image 3

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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Trial of Mayor Schmitz May Reach Testimony Stage at Today's Session
Dinan to Stand Trial on Charge of
Gross Misconduct in Office
Continued from Pnee 1, Column 7
Cowan made his reports to Henry Ach
of Ruera counsel at the latter's office.
TThen the Schmitz trial was begun Po
liceman Daniel Collins took Williams*
place and the reports -were made to
Schmitz's attorney, Frank Drew.
"Wo do not deny the right of any de
fendant to Investigate the talesmen
drawn, but we do object to an officer
sworn to assist in the prosecution -»f
criminals giving h'.s assistance and tak
ing men from their regular duties to
aid in fighting the prosecution. The
city does not pay its policemen for such
work." ,
Dinan himself was called to the
stand before the grand jury yesterday
and admitted having detailed. the men
to euch work. He said that the as
signment In .the* Ruef case was made
at the request of Henry Ach and that
•when the Schmitz trial was begun he
\u25a0went to the offices of Campbell. Metson
& Drew,.- the mayor's attorneys, and
there arranged for the reports to be
made to Drew. Dinan denied, how
ever, that he had given any instruc
tions that the talesmen be approached,
and paid that his men w>re simply told
to Investigate the relations of the
veniremen. Attorney Drew refused to
discuss the matter.
NEW FORBMAV APPOINTED
Because of the absence from the city
of Foreman Oliver of the grand jury
the body met yesterday In Judge
Mogan's courtroom in the Temple Is
rael. It was feared that Oliver's ab
sence might technically affect th<?
legality of the proceedings, and before
the evidence was taken Presiding
Judge CoftVy appointed Grand Jury
man Jeremiah Densy temporary fore
man. The witness*'* examined Satur
day were recalled in order to insure
the legality of their testimony. Those
examined in addition to Dinan . were
Detectives Arch'e Hamill and Charles
Taylor. Police Corporal James McGow
an," Policeman J. Edwards and several
newspaper reporters to whom Dinan
made his original denial that he had
men engaged in looking up jurors and
to whom he afterward admitted the
charge.
Policeman Edwards was one of the
two members of the department be
lieved by the prosecution to have ap
proached* Otto Ferrenbach. the Powell
street cigar tr.an and poo', seller, who
was discharged, from the Schmitz jury
because of allegations that he had
been approached in Schmitz* behalf.
Edwards denied this, and his examina
tion took an amusing turn when Lang
don asked him how he had been spend
ing his time for the last three months.
"I've been almost everywhere re
cently on account of the car strike," re
sponded Edwards.
"Didn't you visit Otto Ferrenbach'a
cigar stand in Powell street at the time
he was called as a juror in the Schmitz
trial T' inquired Langdon.
••res.V hesitated Edwards. "I was
i here one afternoon for a minute. I
rrent to get a package."' .
"So you got a package, did you?"
pursued Langdon. "What was In that
package?**
**It was Just a personal matter. I'd
rather not say anything about it unless
I have to."
"Yes. you have to," answered Lang
don, his suspicions fully aroused.
•'Weil, It was Just some. soused pigs*
feet I was taking home," responded Ed
wards with a grin, and Langdon dis
missed him from the stand without an
other question.
The second charge of misconduct
against Dinan was the outgrowth of
testimony taken some time ago, during
the first examinations by the grand
jury of the French restaurant and
brothel cases. It-, charged the chief of
police with having entered into a con-
Fpiracy on September 15 of. ..last, year
with Alfred Andrieu, J. C Harris. J. J..
McKenzie, P. Lester, Harry Wilson.
Richard Crelghton, Jerry Drlscoll and
Abraham Ruef to conduct the Immoral
retort at 712-714 Pacific street and pro
tect It from raids.. Dinan was directly
accused . In this connection • with ob
structing justice andcommlting an act
injurious to : public morals. .
The accusation returned by the grand l
jury was similar in form to an Indict
ment and carries with it the same rs
sult of bringing the defendant to trial.
As its nature was also similar to an
impeachment, the. trial must be com
menced within 20 days. Should an ap
peal be taken" from a conviction, ths
conviction acts as a suspension of office
pending appeal.
Jury Declares Dinan
Unfit for His Office
Characterizes His Conduct
as Being Willful
and Corrupt
* The accusation brought against Chief
of Police Dinan by the grand jury yes
terday ef ternoon, charging him " with
willful and corrupt misconduct in of
fice, Is similar in form to an. indict
ment, but does not" make a charge pun-,
lshable by imprisonment, and contains
no ll«t ofithe witnesses examined , by
the grand jury in connection with it.
The accusation Is signed by Jeremiah
Deaey, acting as foreman of the grand
Jury In. the absence of Foreman Oliver,
and Is In full as follows:
PEOPLE OF THE STATE OF CALIFORNIA
AGAINST
3. F. DINAN.
In tbe snperlor court of tbe state of California,
in m*a for tbe city and county of San Fran
cisco, tbe 3d day of June, At D. 1907.
Tbe enfid Jury of tbe city and county of San
Francisco present! this ac and for its accusation
la writing against i. F. Dinan, as tbe chief (t
police of tbe city and county of Sao Franclsso,
for willful and corrupt misconduct in * office. . «
And tbe' said grand Jury hereby acenses the
mid 3. F. Dinan t? tlie chief of police of the
city and county of San Francisco of willful aoU
floiropt miseowlnct In office committed .as fol
lows, and epecifle* tbe following acts ' as con
stituting mica wiHf ul and , corrupt - misconduct,
and aTcrs as against tne eaid Dinan and in ac
cusation of him the following. facts, to wit: - ...
(1) That at. all* tne time* named herein the
city asd county of = San- Francisco was and it
riove is a municipal corporation of the -state of
California, goremed by • a fri>«bolders* . charter:
Oat jooDf ,tlie offlees of: th«« said : city and
••ountr of San Francisco provided " for- by, law
and the -charter of said city is , the chief of
police of tbe said city and "county of San Fran
cisco; that at all tbe times named -herein i lie
itbore earned J. - F. Dinan was' and •be cotr I«
tAe dnlr appointed, qualified and actinr chief or
nolice of, the city and county; of San 'Francisco. !
1.2) That in tie rear ; 1900 the grand i Jury vt ;
the citr "nd county of , San ' Francisco regulariv '.
returned : to ' the abore entitled court' an indi<-t
ment acalnst one : Enpene E. Schmitz. ; charfrioz
tbe said ' SchmlU ' with the crime, of extortJoa.
\u25a0ad thereafter in the said superior court the de
fendant Schmlts entered his plea of . not : mJlty :
to tbe eaid Indictment and' tbe: «ald< Indictment
was of tbe record* of tbe said conrt and -= of
tbe criminal cacsea therein numbered 505. That
the said indictment w> returned- upon- tbe, plan
n* tbe defendant thereto came on regularly < for
trial on the 21st, day of ; May, 1907/ before the
•bore entitled < conrt and • department C . thereof.
Hon Frank H. Dunne nreeidlnir, ; and ; the said
court then and there had -• Jurisdiction : of the
said Indictment. -of the said «al and the^ea'd
proceedings, and ; since said - r 21st day iof Mar, '
l»07 tte s»ia 'defendant bu .been on;. trial la
\u25a0said ' court ' cpon eaid eharjre," «nd the said cause
has been pending therein upon trial thereof;. that i
said J F. Dtnsn, as Mica chief of •police.- Jias ;
tie control, management \u25a0 and ; direction of t ••-'all ;
mambera , of the* police \u25a0\u25a0 department in; the; sail
dty - aad conn»»" of San Francisco. : with full
oower • to . detail s any. of. the - members ;of I *afd
o>partmMit - to : tnr.h public . eerrice : as she i mar
direct; that at aU the times mentioned bereio
there -was a police force, consisting of many
members of the said . cityv and. county-of 'Avx
Francisco, and a "'. police department \u25a0 therein,'^ sod
tbe Fa M. police force and the said police depart
ment were under the control, ; management an<l
direction of the ; *ald " Dinan . as such chiefs of.
police; that during, tbe trial of the saM delimits
cs aforpfialiU-and on the Slsf day, of May, 1907.
and each »f tbe dar« thereafter to and. lncluding
the 31st 'day of May, 190 T. the - said \u25a0 Dinan : as
such chief of police commanded' and ' direcVl
the memboi-s of \u25a0 the said police -' force of , the
city and county of San Francisco under tils con
trol and direction to aid and assist ; the: said
Sehmltx in bis wild \u25a0 trial, and commanded 'ani
directed the s« ld j members of said ! police - force,
to report to him end to naid Schmitz any and
\u25a0II fact*, matters atul tltinps connected .- with
said cause which might aid or be calculated to
aid tlie sn ld , Schmitz la the trial " thereof :; and.
under and pursuant to the Raid" command and
direction, the said .police - force and the mem
bers thereof did aid and assist the , said de
fendant Schmitz in tbe trial of said cause, an-1
did report to the said defendant Schmite and to
Raid Dinan as such chief of police matters and
thmjrs which would aid and which were desfajnrd
to aid and assist the 6aid Schmlts in the triiil
of said cause; and the said Dinan aa such chlof
of police, and the said ' members of said police
force, so commanded and directed as aforesaid,
aid not report the i said matters and thincs t«
the district attorney qt the city, and'eounty of
San Francisco _or tbe representatives of tb^
P«>ple # <if the state of California In saUl
cause and trial, aud did not. and would not aid
or assist the people of the state of California
or the district attorney of the city and county
of San Francisco or .the. representatives. of the
people of the city and county of San Francisco
In the said trial or in the said cause; that the
ealdtninan as such chief of police and with
-be intent on his part of subverting Justice, pre
venting the due administration of the law and
securing the acquittal of. the said defendant
Sehmltr, (tave such orders, directions and com
mands and in addition thereto did direct and
command certain members of the police force cf
the city and county of San Francisco, to wit:
James McGowan. Archie Hamlll. Daniel Collins
and A. J. Rt>cca and others. \u25a0 whose uameti are
to tbe cram] Jury unknown, to call upon citizens
of the city and county of San Francisco whose
names had been drawn as prospective -jurors in
said cause and upon venires from which the
jury In iwld cause . was to be selected, - and to
investigate the said prospective Jurors and ven
tremen to ascertain concerning, them all of the
Information ix»sible and all that could possibly
aid tbe defendant in said cause in procuring an
acquittal therein/ and directed and commanded
the said officer* to report and communicate to
him aa such chief of police and to said defendant
ScbmltJt the said Information they might obtain
and any information respecting said \u25a0 Jurors or
vruu-emen or any of them which might aid or
assist gß id Schmitz in , procuring an acquittal
of himself in said cause, and said officers so
named as aforesaid and said others whose names
are unknown to • this , jrrand Jury, In \u25a0\u25a0 pursuance
of said orders, commands and directions of said
ninan as such chief of • police, . did call upon
prospective Jurors and veniremen in said cause,
<ild interview them, did investigate matters and
thing* pertaining to said Jurors, with a view nnd
with the intent of aiding and assisting the said
Schrnltx in said trial on<l procuring «n acquittal
for him therein, and did report* said'investiga
tions. Information and the results thereof to said
Sehmllz and to said ninan as such chief of po
lice; that the said acts of said Dinan as such chief
of police and the said orders, directions and com
mands of the. said Dinan as such chief of police
were done and'glven and made for the purpose
xnd .with the intent and design of procuring an
acquittal of said Schmitz regardless of the evi
dence In said cause and for the purpose of aid
ing and , assisting said Schraiti in said i cause.'
notwithstanding;; the evidence against said
Scbmiti might show he was guilty of the of
fense charged against htm: and the said Dinan
a* such chief of police did not nor did said
officers or any of them report or communicate
to tbe district attorney *of Uh> city and county
of San Francisco or to tbe people of the state
of California or to the . representatives of . the
said people of the state of California any of the
Information, matters or * thlnpg hereinbefore re
ferred to,- nor did they or any of them aid or
assist the district attorney or. the people of the
state of California or tbe representatives of the
people of the state of California in the said
cause or said trial; that all of the acts of the
said Dinan as such chief of police and' all of
the commands, directions and orders hereinbe
fore referred to were done, given and made . by
said Dinan as such 'chief of police knowingly,
willfully and with the corrupt, purpose "and de
sign on tbe part of said Dinan as such chief of
police to aid and assist - the Mid ; Schmitz, de
fendant* as aforesaid, -regardless of. the facts
or tbe evidence •of the wild cause' against said
Schmitz and with the Intent and design as afore
said ,to prevent the dne administration , of the
law and for the subversion of Justice -is,--*
(3) In further accusation and' additional speci
fication the said grand : Jury : accuses - tbe . said
Dinan of willful and corrupt misconduct in office
in this: That on the 15th day of September,
1906. at the city and county of San Francisco,
state of California, tho sold Dinnn. knowingly,
unlawfully and I corruptly conspired and agreed
with Alfred Andrieu, J. C. Harris. J. J. McKen
rie, P. Lester, Harry Wilson, Richard Crelghton,
Jerry Drlscoll . and Abraham Rnef to commit an
act \u25a0 Injurious to public morals and " for : the
perversion • and - obstruction of Justice and '' due
administration of the laws \u0084o f .the >: state 'of
California in the manner and by ' the means fol
lowing, to wit: - That . the said Dinan was, then
and . there the duly/- appointed. \ qualified -«nd
acting chief of police of the city and county of
San Francisco, and as rach chief of police had
the power and authority, and it was bis duty
to enforce the laws of the etate of California
relating \u25a0to the matter and things hereinafter
mentioned; that the said Dinan and - said , nuef
did then and there willfully, knowingly,- un
lawfully and corruptly conspire ' and acre* • with
each other and with the said Alfred Andrien,* J.
C. Harris, J. J. \u25a0-\u25a0 McKemle, .P. > Lester, Harry
Wilson. Richard Crelghton and ; Jerry '\u25a0 Drlscoll,
all of the city and county of San Francisco, that
a \u25a0 certain house, consisting .of '\u25a0\u25a0 a barroom • and
4S apartments. , situate, located and being -at
numbers 712-714 : Pacific street, sbould , be will
fully, knowingly , and_ tmlawfully 'opened ' and
maintained, conducted :\u25a0 and kept by them :as < a
hoase of prostitution and ill fame to t>e resorted
to for purposes of prostitution and lewdriess, and
that persons should knowingly and willfully reside
la said house for, 6aid purposes.: and- that, said
house should be the residence and resort of com
mon prostitutes: and other; lewd and ' dissolute
persons, and that said house should M I kept and
maintained for tbe purpose of nwilgnatlon, prosti
tution and as a bouse of public , resort by i which
the peace, comfort and decencr of the Immediate
neighborhood would : be habitually disturbed, and
that the apartments = thereof _. should be toy - them
let to other persons to be imed for. the purpose
of; assignation \u25a0 and ' prostitution; and-, the • bouse
so. described -as aforesaid was. 4 with .the-knowl
edge and consent of the said Dinan, ; as such chief
of police, so opened," maintained, conducted and
kept and the apartments let as hereinbefore set
forth; all of which was 4lone by the said Dinan
willfully, unlawfully, intentionally and cornjptly.
, \u25a0 Wherefore, the said frrand Jury, prays that the
said J. F. \u25a0 Dinan be . cited " to appear before \u25a0 this
court *In \u25a0 the manner " required , by. law. and '• that
npon his .appearance -and -hearing npon? this
accusation, \u25a0 the defendant < be ' removed ; f rom - the
office of chief of police of the city and county of
San Francisco and , that judgment of ! conviction
against . him upon \u25a0\u25a0\u25a0\u25a0 this ( accusation ". be < entered ;
and. that-all sueh r other} orders be made in the
premises ' as to ithe " court may \u25a0 seem meet and
proper. -JEREMIAH DEASY. .
; : . Foreman of the Grand Jury.
Par kside Officers in
Court with Abe Riief
Arraignment of the Indicted
Boss and Magnates Is
Postponed:
The officials « of . the > Parkside . com'r
pany and Abe Ruef, ; jointly^ indicted lon
fourteen j counts :.* of J, offering .7;. 7 ; a*-; bribe,"
appeared . for v arraignment before _ Judge
Dunne ; yesterday^ morning • and \ by con
sent.with Assistant Attorney
Heney. secured •\u25a0< a" ' continuance '/until
Saturday 'morning/ * G.*/ H. * Umbsen/
Joseph :E. Green' and /Attorney 'W.T.*
Brobeck * were tin court.%lr li;M/> Hoeffier,
represented" them" as' ; counsel." '..'
t ßiief', was attended iby-Elisor.Biggjv
four/ men .at 'Jamas i from -the V Fillmore
street citadel, 5 : and Attorneys i Frank 'J.
Murphy.^George i B.v Keane ' and * Richard
O'Connor.*/ Nonet. ." of \u25a0•: the jo' defendants
tarried' in; court! after : Heriey / had stated
thatl h e J Jand I Hoef3cr '. had ) agreed T on * : a
postponement//' ' / ''; \u25a0**: ;•_ /. ; ' ."--v:/
-~ Mayor/; Schmitz : has not ; yet v been
arraigned before ' Judge VDiinne;qn the
charges 'of . acceptln g bribes I from / the
United ; Railroads? and/ the]x San' Fran^'
Cisco/ gas and electric //^"company,
These -, cases \u25a0 are'i; different jfro'ih'; those
brought i against /" the* } mayorj; onvt the
joint i indictment'--, with : Calhoun -\u25a0 and s the
other ' street! railway; officials' in ,'i which'
theyj are /charged' with off erlng> bribes/
The (cases r ' have -\u0084h ot} yet been (put on
the^court'ealehdar/; \/-/ f } : -?t'> /:
GRADIXG FOR -WESTERN* ' PACIFIC
"f, EL.KO,- Xev., June- 3.^-^The^work: of
grad ing : f or : the * Pacl fie line
between ;this' city and'.Deeth,; 36"mile.j
northeast? o< here, will^.beLcornmenceU
at once. / : -. -; - '.- .:./"''/\u25a0 \u25a0'.'\u25a0" -. : v: j
THE^S^y!:FRM(M<&^
FOUR O*\ THE LATEST ADDITIONS TO THE SCHMITZ JURY. " READING FUOXI LEFT TOiRIGIIT: TRI'DERICK-BOECKMANX.-THEO
. DORE DELLWIG AND \u25a0 THOMAS ELRICK, CHOSEN YESTERDAY, 1 AND :JAMES E. ; R. BENSON, ; SELECTED AT. A PREVIOUS SES- '
\u25a0 SION OF COURT. - -\u25a0/•C.'./i ~r \u25a0. -V. ( r ;\u25a0\u25a0;; .'•.-\u25a0 • -\u25a0;> iS ' \u25a0:'\u25a0 - -l'"^r.---- z -:: -: - •-' . .-•--. -' \u25a0:-\u25a0\u25a0-. :,-'-\u25a0•-[":\u25a0;.:\u25a0. ...,-.,"
Eleventh Juror Is^^l^t^^Vatr^^ri^''::-. of .; v;)^y(^': :^chihitz
. and Defense
Continued from I'mro 1, Column 5
appealed '.was.'niade?by'.C.';H. -Fairallfof
Sch mi tz's ; ' counsel - -shortly -. before ,t the
afternoonsadjournment and immediately
preceding'the ; exercise |of the last per
emptory challenge. -/"\u25a0\u25a0
\u25a0 Fatrall; declared, that j the = court erred
Friday when it'granted '.to; the prosequ^'
tion the* right •to j question and Vsubse
quently. challenge: jurors who ; had been
once passed .without the^exercise^'of
the . peremptory x:- right v of^v" removal.
"Owing to the action" of the -court \ in
excusing .two jurors -.who; had .been
sworn to try. the cause 'after.' the trial
had begun,',' .said ", Fairall.v "and against
the'objection of the defense and 1 ; in 'op
position to; the 'defendant's 'right, we
claim' the i right ;' to. ; exercise ." 10 addi
tional 'peremptory challenges, ""and - res
pecially the right ; to challenge^those
who | were" in the -jury I box at'^the [iinfe
of rthe" exercise .of the \ challenges, by
the prosecution referred. to." - :
Special ~i> Prosecu tor -H I ram -.- W: r John
son ; met Fairall's; motion. I "The right
acporded Mr. Heney*/ on \u25a0 JFriday." ; said
he, .'"was -within' the code 'and was pro
vided for by law." ' "'"'y
DIKVNB OVERRULES J MOTION
Judge Dunne overruled the motion of
the | defense, £ which,' if ; granted, j would
have .delayed the case several weeks
longer: . ;'. \u25a0-\u25a0.;. \u0084'V~*V-V - '\u25a0'..''., -\u25a0\u25a0 <
' >Fairairs motion referred to the chal 7
lenges made , by. Heney: against* William
F. Harris and Sylvester. II" Bray.;
A change of heart was: exliibited in
the bearing of J. J. Barrett of ' Schmitz/
counsel yesterday.' Last week -^Barrett
was flint and steel. seemingly.'With the
sole purpose^ of drawing fire from*., the
not asbestos Heney/j. Yesterday- Barrett
showed •? the' effects; of soothing,' syrup,
probably, administered \u25a0by J. C. I Camp
bell, the 'senior, counsel for the defense,
who • has . \u25a0 not concealed. \ even - : In i the
courtroom, his! disapproval fof . some*, of
the' belligerent UacticsTpfJhls -associated
As ,a;rewardi .for. .tielng [good; Barrett
won " Rii^- important ;: ruling " from J Judge
Dunne'- late: in the day when a' last per-;
emp toryj [ challen g'e | was | saved \ for, the
Schmitz "people by the. court excusing a
prospective . juror,! Richard \u25a0 C. ' Butler . of
1473 Waller streeCwho had no opinion
concerning?. Schmitz's 7 ; guilt ; or:inno-.
cence : in I the i French^ restaurant cases, ''
but had his doubts ; on I the \ mayor's
tegrity^ in i other, lines; of ; conduct Dur
ing an examination f. of Thomas Elrick, |
one, -'of ; the 'accepted; jurors.'-Heney ;had ;
tersely; described • one ; of "Barrett's; con-"
tentions •.*, as ; "rot," \ and Hhe ! once 1: hot
spirited lawyer, almost [turnedhis other
cheek ia'ndvreplied' in a hurt tone: "You
didn't call that point 'rot', the" other day
when you advanced it."'.- ".*_\u25a0!,-. fr.'-li--'.
.When.Elrickiwas under, examination
; Barrett, asked him"- If he i had > worked
against i Schmitz .or solicited .votes'; in
his behalf. \u25a0 Heney declared i, that; such
questions . were' inadmissible i and [ the
former v hotspur only t ; retorted t: petu- |
lantly, •\u25a0•\u25a0. "You can't, lecture' me/Mr, |
Heney." ''/'. ;..;.' ;;.-.', ::\ : , : --;. ' -•:.' ;';; ';
<- .'SEVEN VEJTIREMEX .OV. OV STAXTO •
A- feeiiulne : ' Monday % lethargy*; hung
over the' courtroom' during: the morning
and \ the progress ?of Jthe {trials was :as
quiet; as was the ' gray; day ; ,wlthout.V, !iS
"V. Seven "'? veniremen-^. were :-r. examined.
Edward J.l Callan ; of • 262 . Sixth* avenue/
Martin *: O'Connell L sj? of "? 2570 ?; Market
street,' a," retired foundryman 1 and struck
tural? lront manufacturer; \ were; notion
the /assessment 'roll fand j were ? excused;
, J.18.- Davltt of \u25a0 314lPage street/iwho
! is president fof r the> California .baking
| company, 1 - andY-is; : interestedf in.; other
! bread' making enterprises, had an'opih-J
\u25a0 ionlwhich • he said would be hard to set
aside^" r.c -V \u25a0 -.-V^ d • \r. .. fo •: ;-Trt>';""t' i
.- Howard Black, ; 1 427 f Haight street;
the v former /supervisor, \ swore -that 'he
was notion^the^ assessment \u25a0-roll, ji (and
both" were: excused j from 3.
;J" v Theodore<Dellwig,ir a'-retired'jbakiir
living; at > 270^Ninth \u25a0: avenue,">,was , the
only, man" accepted i in \u25a0 thelmo'rning.f Ho
said;' that Jhe*, B , retired \u25a0 three |years" ago
after." 30 ; years in • business ;.' in j Pol k
street: ,>:.OneS son J: had ;r followed > t himl in !
thel' baking':. business, 1 .;'iinotner.t was "an
electrician ,; in the 'femploy lof i the :> tele
phone' company, a .third r a' lumber, sales-;
man ; and v a': fourths a (plumber's f helper?
Dell wig; had : formed fin which
he said would 5 not \u25a0Influence', him \ in I the
jury \u25a0; box \ and ; he : had-: no } bias % against
the ; prosecution.^', In"» these^ respects \he
was > satisfactory. ;to ;i ; the ; prosecution?
but ; Frank Drew, • who.was \u25a0 conducting
the /examination '; -^ "of -?-\ talesmen "f^ f qr,
Schmitz/didnot relish iheJdearof! Dell
wig.- haying 2, an J; opinion; 'S He % secured
from : the |breadf maker? the^"declaration:
that , he ; was , aj manj of t.t'strong/oplnlon,",
but 'could; not rcoax:him>^no; matter^ how;
hard he^ tried/; to;admit'that]theroplnion J
he Ithenheld^would; Influence' hlnV.in'de-'
\u25a0termlnlngUhVrcalse/4 s A/tey»much7queB^
tioning;iDrew: allowed fDellwig^to,' bo j
passed i and . he^vas \u25a0 later.; sworn i in ' as 'a j
juror. ... :. •\u25a0'-.-•'.. .. ::>.: :> . I- \u25a0\u25a0.". '\u25a0\u25a0{'? a 'j \u25a0-\u25a0;\u25a0' :\u25a0..''\u25a0''-\u25a0-\u25a0'/\u25a0 r|
.-Charles W. Heyer," B23;Schrader, street, i
: a",' teller.; in^the j German jbank.i; had sonii
slight^ acquaintance ;V in*^ graft prosecu -*•
tion "\u25a0 ci rcles. k, ' He; knewj I^rank |Schmi tzl 1
brother i f of ? the ; defendant,'^ and^.ber \
-. longed ? to"-' a {f raternal vorganiraticmf of j
>*hich"*Ruef I was)a r m^nber.7jHeyeritbl(i j
HeneyAthattlie| had! *i«n "opinion • 'in '^ the |
caselwhich', he| couldS not* set! aside faml
[was lur I thout* t urthefl parley/^Ji
;>lTheodore^Pla"riz,'?al; tailor/; ;: :of.' v;334t)
Twenty-second I street,^ with £ a"3 brancli '
shop" at [5711 Lyon* street/t passed this Tex*"
aminatlbri;(easily.^blit|wasjsubjected|to
.one. i; of 4 the b*\ twojfj precious 5 challenges
• which '• the v defense ?. held.";^ Planz vknew,
i Gebrge»Duffey,f president Cbf ! ;the|board
ipublicl.works;||in^fact^Dun*eyi^wasgn
client! of ithejrenbvat6ry|departm"ehtf6f
tailor's Planz Ssaid :
he".*' had:-.' never j^' discussed " f v graft vwlth'
Duffey. , •
; Under : Drew's '.interrogationsgPlanz
admitted ; .that|h"eJhadf^d}scussedS r graft|
.w i th^_othe r J pc rsdn sMjand |duri n g th oa o '
symposiums v. had? hazarded?, the gpplniocl
that'iA'there'imustibelsomethihg'behind
it.- -:v -/:\u25a0--( - -^ ?:'!:>:.-: '/-.
:, ;Tliis;:ffightehed":the- defense". and: ; - it
showed; an - appreheasionV:which Planz
sought to, quiet. ''Ybu^- couldn't' get; a
better juror_.than r me."' he£declared. 1 r;. ..^
v^.But ;there was. another f count -coming
against ; the Mission ;ta^llor.*i.7He' had; met
socially/ Harry : Hutton/^ the ;' former. >vp-'
lice/commissioner, whom^Schmitz? had
drummed\outibf the administration be
cause ;he ,was blocking \u25a0 the" French 'res-"
taurant- graftigame/; : Hutton'^is' to bo
'a'T. witness ';. at';; the ;' case^ now J: on :' trial."
Plans , had : done work •: for s Laf ranz, 1 ] : one
off the" proprietors of res-"
taurantj 1 - which is the particular : place
w h i ch \u25a0' •' i t . ' 1 s ', ch a r ged . that . . t h e - t mayor
held up. , " ;"; ' :.;.\u25a0;,; " •' ' ' "';;" ';;
RIGHT XOT WAIVED
\u25a0 Campbell who. on, account: of his ail
ing, throat; had not(taken'an -actlve'paft
In* the proceedings, fnowTarqse/^/'We do
not," r r he said." ,"at' this" tirne*;waiveVour
right to question orl peremptorilyJchal
lenge Va' juror 'already; passed.vajViriyi
lege:.allowed .:. the ]l prosecution ; on ' : last
. Friday/' b It seemed: as iif Planzwtis to
be : allowed then; to < ehter._thelbox prq
.vision'ally. but • Barrett.- challenged jhim
peremptorily. ;\u25a0-'"__\u25a0\u25a0,: -'..'\u25a0 !.../\u25a0;:;
A new/ venire "of 50 'names \ had -been
called for. the af ternoon~andithe ! sheriff
reported that ;32;.were present/^ Of these
nearly half; were: excused ;by^thetcqurt;
among that number being; Johh^Cdrinor,'
the former supervisor.; ..:' '. « :>'.\u25a0 - .•
The, first threoTmen . called ''ilntoKthe
jury .' box were disqual i fled : in " short
order," all of ~ them 'haying'iopihioris/in
the case. They wero li. Hagen,' a T ; struc
tural engineer of 2245: Post T street," who
knew Ruef .'slightly;; Augustus/J. jßan"
k1n!.0f>3775; Twentyrfifthv stfeet; i\vho
had -a^ grocery; contract 'wlth^ the lalms^
house,',' and * Herman -F." Puckhabet, - a
jeweler of i 1324 Fell street. :-;";. : '/-;
• Frederick \u25a0; Boeckmann, \u25a0, ' th c 'retired
liquor \u25a0 dealer : of '9C6tHaight Jstre'et, 7 ' was
the : tenth : juror ; tot; be;^ accepted. '^V He
said ;that"he; ( had mefJScKniltzlsbciaHy
and Huef intlmately?ibu 1 1 "s till Ihe
had ind'opinlo^inithej case] and jholbias
against the prosecution/! During: Charles*
Laumelster t sTcampaign t :for|she I riffi;the'
talesman had been .thrownllntb; political
contact with • Ruef.y' Boeckmann had : had
dealings Vwith' the { First] national* bank, 1
of 'which!; Rudolph / Spreckels * iaXpresii
dent,^ but "said \ that^}thbse|;'relation3
jwoiildt ndt ; be; embarrassed' by; any ;ac
tion j hej might take j as : af jurymanT*; Four
years ago :the Juror, had belonged ;tbHhe
citiren'sjalllance."') After. ;bothV> groups
of \u25a0' attorneys J had ;.Tbverufhe
liquor he ; was '-. accepted ;, without
challenge/;v'l"'?"'..:^ '\u25a0 :' ;-; : \u25a0. - ; 'f:\. : - :: \u25a0-..•
; v George .W.Dutton, an insurance' man
living / at 2852 * Green \u25a0 „ street, i'was ex~
aminedibyj Heney and^ Barrett/
asked (if ) het could : give - the* graft Zcasa
a- f air 1 hearing,'".: he z. repli ed : ;"-s 'It :* has
been \u25a0 oh 'i. trial - and i determined .; for . tho
past Jflvej years, instead fof
the i mayor's; guilt : haying to' be proved,
his innocence would have to be prbyed."
Dutton-was challenged.' for cause. s '
'\u25a0:l;'l NOT, FAVORABLE TO Y MAYOR • N
, "A.* Hampton,' 1055 Twenty-third street,'
had an opinion and : business : that;need
ed i his attention ; I between ; the t two fhe
was: ;excused. ii f-.r; Thomas \u0084E lrick^; / t he
eleventh-; JurofT^hady ah-, opinion \u25a0 which
Iwasjj hot " favorable 1: toj; the Tniaybr,' 1 ; but
/which [iwasS not* on i the r graft t question.
He \u25a0 beloh ged : * to ', the • Merchan tsV associa-'
tiohrand • Barrett .wanted \to \ know ! if :' he
had j heard \u25a0 the \ speech^ l delivered r ,;i by
Heney, atHhe 'Fairmont sbanquet.*' \u25a0 "Di<i
you vi remember, Hhat' he - said - he" wished
he . had -those men for the jury ; in ; these
"cases?"^" \u25a0.':.':\u25a0:\u25a0.''\u25a0\u25a0'-' .'\u25a0' ."•. . '\u25a0''\u25a0. I-;: 'i:/ \u25a0"'.' '.- ' '
/""It's \u25a0; pretty^ hard '• to_ rememberi what
never » happened,". Heriey "."chipped;- in.', >*\u25a0
i'l\ Elrick said'=that he had expressed aa
\u25a0^/\u25a0^a?^,^w toK ;iA The BigiristallWeht^House \ n THFwhiviPN-'
ready- to- wear >; clothing -more v / r a. . T I\J • MIL. fTV/ITILMi
c3!^e^ln I d^b^Sffi!f} s - . .;-Jf y^V Cor. Mission and Eighteenth Sts.; -%c% e n — Have ; a first \u25a0$££
suitable^for this season's -wear. .' > " . M^m^ m WhJ ' ''•\u25a0 ' ' •. • :
;w«vJg"At a "p* k« :;t B ffi!a?e nd ver" , /~± /W/ B^A '^^ '* "
«m \u25a0" If ''' S&Oy #OW m PAY &AT'£ft \u25a0 P- ece goods which we will
I I . FURkITORE, CARWtS,; Sf PVES and SEWING MACHINES
: j^%^si^m > Let us furnish your home. Every article LaSu 0V LrGult
js^mm^m^Bm^ of furniture in the house is absolutely #i " ~~7~~ *
iyiii I iinMiMWr^ guaranteed as to price and quality. No -^^ffi^^Pßß '
* * ' * ' "*•'(\u25a0• " y '*" ' ..*,\u25a0? \ ..-, ] \u25a0'.• "\u25a0 * ~ ft \u25a0 MtSiiteSMsfc^cisSs^jp i^s>*&»m£S!^Sis3BPi^^B
T $9-t7lß^l sha P ed^ attern: Newman s pnee \u0084 \u0084 4>V- \u25a0 O fTJQ7g -> |
opinion of,the:pchniltz case, but it- was
only,, "If, he is guilty /lie: should be pun
ished." -so : the haberdasher -'.was. ac
cepted.; " -V , - ; v
•: : Willlani'Muehe of 1371 Lagtina" .street
was; hard .of hearing and was excused.
Saniuel .H." Collins^" a '-jeweler; Qf 2540
Sacramento street,. 1 first* said that, ho
wasj entirely free frorr^bias in the case,
but^Heney - finally-: secured ! the admis-.
slon'that.he waa :a brother, in- law,; to
Henfy.;'i,leVer,ahV intimate, friend of.
Schmitz,- who ; had i frequently . expressed
hislconvlctibn of the mayor's Innocence.
Collins was peremptorily, removed.
\u25a0'; Hichard r C. Butler, an aged :man liv
ing; at 1473 -Waller street land employed
with : the ;Burr-Paddon company, -had an
opinion | as jto • Mayor. : Schmitz';; guilt lin
most 1 of the r graft ; scandals, 1 but \u25a0 not '-in
tho French case. 4 Heney
wanted' him ' on r: the jury, but- Barrett
niadejan jeloqucnt plea in challenglns
the man- for" cause and won out. » \u25a0"\u25a0"-: \u25a0
; ; Thomas ;;r.'v Brown of >1386,-Ma"sonic
avenue, Na'r department manager iwlth
Baker/ &f*Hamllton.-/ hadr "an voplnion
which he;>thousht7he , could : set aside*
"Would'; it ' be ' no emKarrassmen t \u25a0 to you
to go hack to your, firm after, rendering
a verdi-t'of. "not guilty?", asked Barrett.
.*,. "No.", replied ;Brbwn. -.'. " \u25a0-
fJ;But. the defense . feared this 'juryman,
aridtwhen'lt: failed to challenge him for
cause, 'exhausted } its "last
on-hirri.'^ , '\u25a0 ':-'\u25a0" z1:.:z 1 :.: i.\u0094 \u25a0\u25a0/\u25a0'\u25a0"•\u25a0-.'\u25a0' v - .- \u25a0
.Campbell' had asked that the final ac
tion{on«Brown*bc laid r over, until, today/
but. Johnson^ and -Heney- opposed delay
and gthe challenge . was uttered after
Fairall j had (entered his'motion \u25a0 for 10
moFe '* peremptories." ; Then Hugh \u25a0 Burns
• oo f 38 5: Capp "street .was,. called '.' to , the
Jury,' box and ', court -. adjourned.
Glass and Halsey Ask
' Oneißuling|for Bptli
Single -Decir ion" May Be Ap-r
plied to Motions for -
' ''Dismissal- \T-
In border.' to save . tirrie argument -on
the to 4 set aside; the .indict
ments : against;. L<ouis i' Glass ; and -Theo
dore IV. ' Halsey, officials of the. Pacific
States,;. telephone.,". company,- may > be
heard ; at? the- same' time > before Judge
Lawlor; and *'V Judge' Dunne . sitting in
bank.^',."-,;";:v,.v;" ;:, : -- ': V/.--V' : ' '\u25a0\u25a0
. Attorney T.: C.-Coogan, , representing
both /defendants/-, made i this ; suggestion
in^ ':\u25a0 Judge- ;: Lawlor's V court : \u25a0 yesterday,
when _; the ":-, motion in the • Glass "; cases
t was : ; called sup5 up for^ the}purpose*,of?set
tlngja time for argument.' It^was rep
resented f that "the'- two - motions jcover
practically the same . constitutional
questions.,.- .' * > .",; * , - :
J,j Judged La wlor .was '•willing- but : made
no: decisions pending \u25a0' a .conference. .with
Judge f DunneJv; He; said .that: the argu
nientV.would//have-* to he heard,' 1 some
night//" either*! Thursday "or 'Friday 1 ; of
this/; week/; ¥tThis!was; ? satisfactory^to
the v; defense, *; and \u25a0 -Assistant ; = District
Attorney ; Cobb' agreed •\u25a0 to : notify, Coogan
and T his : : associates? as : soon, as .the lime
was 1 definitely,;; fixed; »v/"" ; ''• / /,.»<>. ,.
\u25a0 .'Neither: Francis iJJ/;' Heney nor D. M.
Delmasiwere- present, but" the.; cpurt
had; been * informed ; that both - were "in
favor./ of 'firiinshihgr'both' the ;Halsey,
and;; ' Glass;.' motions i; at /^one >\u25a0 hearing/
The LGlass | cases! are i before . Lawlof .' and
the*- Halsey. cases 'before /Judged Dunne/
Re^an to Be Star Witness for the
Prosecution Against Schmitz
\u25a0 "We '.expect* to feomplete < the Juryj In
the . Schmlts extortion cane tomorrow
nnd. at oner bfgln the trial. 'The prose
cution Is ready."— Statement made last
night .by. Francis J. Heney. '~.
"-".' District Attorney Lansdon, Assistant
District Attorney 'Heriejv' Special 'Agrent
."Willlam^J.'.' Burns "arid Attorneys Hi
ram Johnson : and C. ".TV." Cobb were Hn
conference -for. several hours last night
during Twhich '-.they, mapped' out ; a
method of; procedure" in : the extortion
case •_; against .^Sbhmiti. The
prosecution* expects ' to .complete • tho
jury .today v and will insist -that the
casefgo'tb. trial at once.; After a brle*f
statement v ;*of: the case* Heney; will call
his ; first f witness to .the stand, and the
taking of testimony will begin. .
; .. Every j feature-.of : the case was gone
knight, and .at the conclusioa
the/members ;of : the prosecution ; an
nounced that all .waa In readiness. The
first '"witnesses -Will .be . the raembera
of i the , police 'coinmicsion during 1 Feb
ruary, 1905, "when\ the crime of /the
mayor ; is alleged to -have been com
raittedi ;The \u25a0 commission at that time
wls composecW)f :Thomas Reagan, J. .\.
Drinkhouse,, H. \VY- Hutton and.J. Jl.
Howell." Subsequently- Hutton was r»
movedand Dr. J. F. Pohelm, named in
his place. :
* Following the;police commission An
tonio Blanco.V Joseph Malfanti, Michael
Debris " and Jeari" Loupy, proprietors^of
the French restaurants, will be- placed
upon'the'stand. -Interest .will" center
in- the- testimony : ; of -Joseph MalfantJ.
as.the'specific charge on which Schmitz
WARRANTS FOR CARMEN
Woman Boarding. House Keeper Says
: They Were Rioting
' Mrs. B." Marlin,. proprietress of the
May wood • house. ' at -y-i3l ~ Fell street,
swore " to _•_\u25a0.. complaints ;v in Judge
Weller's .court "yesterday charg
ing 10 men with rioting. The defend
ants [are all »"John Does." but accurate
descriptions of them are given: and de
tectives- are searching ifor them. They
are said to.be members of the. carmen's
union/ .They are charged with'vlolating
section 40tof;the penal code, whlchre
fersto\ riots. " ; ' \
'[' Several! of. the strike breakers board
ed at the May wood house, and on Satur
day night ;. a crowd •' gathered » ln t front
and bombarded tit with stones' and
bricks, almost wrecking It. ' ;^
OPE\ I SHOP • WIXS
SACRAMENTO. June : 3.— The strike
of the local , laundry,-; workers k for 'an
eight hour day is practically over ( and
the owners; have / won/j The _ worker?
sentva conciliation '- committee to., tho
employers last night to a»k that the
old jhands : be taken" back as union em
ployes.'/.;, The t.ownet* 'refused :to run
their business other .than by ;the open
shop : method.' and today many \>f the
laundry^workers returned to. their for
mer places. '\u25a0"' . '. ; ,'
IXDIAXA SIIXERS TO QUIT
; INDIANAPOLIS. /'June - 3.^-The ; ex
ecutive,board: of the united mine work
ers ;';' of V Arherlca^of \u25a0 this district today
ordered about 5,000 miners to leave the
mines next Friday.^ The • men j,h"ave
]eight!off ten 'grlevances.'and'the test of
Strength ? v wll 1 dbe -.' made 'i at i the / union
mines ; where", the ' mine committee would
not fallow, "the .men -to /work ; : because
they .did not '.belongi to the local, lodge,
\u25a0 though belonged -to ; other ' lodges.
STRIKE tfrOß KIKE HOURS
v?CXEVEIjAND, : .,O.^xJuiie ; : 3.— Two
thousand machlriists employed" in shops
whereT the employers !had "refused to
grant. the union demand for a nine hour
day [s went J on'; strike i here Jtoday^, Ac
cording Jto the "officials "of the machin-^
ists' ; union,^ the nine hour. 1 day .'.with an
Increase^ of .10 ; per ./cent;' " has-been
granted "by 1$ - concerns 'In " Cleveland.'
The. : men : have heretofore '..worked 10
hours. \u25a0/
PORK BUTCHERS WALK OUT, .
. : \u25a0 ST.: JOSEPH/: June 3.—^-Pork butchers
numbering;l2s"employed'at.the Swift &
' Cb/s i plant in "\u25a0 South : St.* Joseph went on
I strike this afternoon/. The pork',butch
lers/ who";are' ; the only unionized men In
the "plant/, assert' the management has
discharged jmembers: because of'promi
nence'in the'union. . The. pork butchers
in . the _^ J> Nelson'. Norrls \u25a0 and Hammond
plants "may ; strike/ :
THORXB | RESIGNS
SAN /RAFAEL. June ; 3.— Dr. TV. M/
Thome. : president .,. physician at San
Quentin .prison/ resigned on'acconut of
poor health/ " Dr..* W. VJ. ' "Wlckmah of
San J. Rafael was appointed '.- his suc
cessor. '/•' :;.'.,\u25a0,,/ - \u25a0 '-..V.v£S^3if^
Both defendants contend f that the in
dictments f charging ; them /with ; the
bribery .fof ", supervisors/ should :,be i set
asido : ; because >"of alleged misconduct
ornjthe' part? of .Assistant District.'At
torneys Heney. -., - \u25a0 ; ! v / .«
\u25a0;•-,:.\u25a0 .-. \u25a0'
is being tried accuses him of havlns
been! a party to the extortion of J2.ITS
from 1 Malfanti. who was one of th#
proprietors of Delmonlco's.
* Malfanti * will state that he assisted
Loupy.-. to collect, the money from .the
French restaurant. proprietors and that
he was given. to understand that unless
the money were paid to Ruefjie would
lpse hla liquor license.
: The testimony of former Police Com
missioner Reagan will directly connect
Schmits with the extortion of the
money, from the restaurant proprietors.
Reagan will tell how. In accordance
with the wishes of the mayor, he voted
to cancel the liquor licenses of the res
taurants, and how, subsequently, the
mayor endeavored to persuade him.' to
vote to. renew the licenses, the money
haying: In the meantime been paid to
Ruff. .
Reagan will also tell the jury of .v
visit to the home of the mayor at
which Schmitz proposed to -Reajran
that they join forces and go Into the
whisky business and force all the sa
loonmen to purchase administration
liquor or go out of business.
The prosecution believes that all the
testimony can be taken and the case>
sent to the Jury before the end of th»
wfeek.
; The defense will act up the claim that
in- urging: the commissioners to revoke
the, liquor licenses of the restaurants
Schmitz acted for what he believed to
be the best interests of the city. The
mayor" himself, it is understood, will
take the stand and attempt to refuta
the charges* of Reagan. . i
SUICIDE LEADS WOMAN
'TO MAKE CONFESSION
Says That Man Who Killed Himself
Was the Brother of Her
Husband
PHOEXIX. Ariz.,- June 3.— John Mi
Ferguson, also known as John Wright,
yesterday committed suicide by taking
morphine in a Mesa City hotel, while a
woman supposed to be his wife was*
lying .in an adjoining room suffering
from a fractured skull, sustained by
falling . down - a .well two -weeks ago.
After Ferguson's death the woman
acknowledged that he was a brother, of
her husband, who resides near Thatch
er, Arizona. She said that her maiden
name ' was Eva Wright and that her
relatives lived in Keaton county. Ken
tucky. The woman's injuries are be-
Ueved to be fatal.
i-ANiSH SOCIALISTS
ON TRIAL IN MADRID
Men \u25a0 Accused of Complicity in At
tempt to Kill King Alfonso
Deny They Are Guilty
MADRID, June S.— The trial of Senor
Ferrer, director of the modern school
of Barcelona; Don Jose Xakena, editor
of^El Molin, and others charged with
complicity in the attempt to assassin
ate'(Cinq Alfonso and Queen Victoria
May 31, 1906/- began today."
'".The state demands that Ferrer be
sentenced "\u25a0* to ;i6 -years*' Imprisonment
and the others^to 10 years'. Ferrer de
clares he -did not know -Morales, who
actually threw 'the bomb, was an an
archist and: said be had not ' been an
anarchist,*: his Ideal "being, to perfect
society, by .means ; of ; education. <• \^-:'\
;.:~ The 'documentary ..evidence . against
Ferrer is said .to be -strong.
VISALIA IIIXD RELEASED
WASHINGTON. June 3.— The com
missioner of the general land ofnee; to
day, relieved from further suspension
112,640 acres of land in the Vlsalia.
California, -^ land'" district heretofore
suspended from disposition • under, the
agricultural land laws. , These lands
were suspended in 1900 pending an In
vestigation as to the character of the
land by agents of the general land of
fice, it having been alleged that they
contained "deposits of oil and that op
portunity should be offered for the ex
ploration and development of the min
eral resources therein."
BANKERS .MUST SERVE TIMn
DENVER, .June 3. — In a unanimous
decision the supreme court justices af
firmed today .the decision of the ..dis
trict" court; judges \u25a0in the case at I-outi
Imbodeniand James Hill, who were con
victed In December, 1903,*0f Irregulari
ties in banking'whlch caused the fall-"
ure :of • the iDenver savings bank and
they, were sentenced to the state peni
tentiary for nine years each.
>AMES COURT REPORTER
.; NAP A; June 3/-^Judge Sewell of de
partment/1 of, the superior court of
Sonoma]county has appointed Herbert
B.\Whltton of this city as his court re
porter./ Whitton has .been reporter In
Judge Gesford's court in. Napa for sev
eral: years. "- ;'