“The indicted bribe-givers,” said the Call, “may as well make up their minds that there is no way of escape for them except through trial and by the verdicts of the juries. The people have spoken and they have said that the clean-up must be thorough. The sweeping success of Langdon means that the prosecution of the grafters will be pressed to its fitting conclusion upon the facts and under the law. There need be no delay now. Soon all the cases should be settled and another chapter added to the history of San Francisco—a chapter in which will have been written the means, the manner and the fullness of our atonement for Schmitz-Ruef chapter just before it, the vindication of the city’s good name.”
The opinion was written by Justice Cooper and concurred in by Justices Hall and Kerrigan. This is the same Kerrigan who appears in the Santa Cruz banquet scene picture, in which Ruef occupies the position of honor with the Republican nominee for Governor, J. M. Gillett, standing at his back with hand resting on Ruef’s shoulder. (See Chapter IV.) Supreme Justice Henshaw, whose sensational action in Ruef’s favor will appear in another chapter, is also one of the Santa Cruz banquet group.
The Appellate Court enumerated the following errors at the trial:
(1) That the trial court erred in allowing the peremptory challenge of a juror after he had been sworn to try the case; and the removal, after he had been sworn, of a second juror without cause.
(2) That error was committed in the appointment of the elisor that had charge of the jury.
(3) That the court erred in admitting hearsay evidence of witnesses, Loupe, Blanco, Malfanti, Debret and Rosenthal.
(4) That error was committed when Schmitz was required, under cross-examination, to answer question as to whether he had received from Ruef part of the money extorted from the French restaurant keepers.
(5) That Ruef’s testimony that he had divided the money with Schmitz was not proper rebuttal evidence.