The specific charge under which Schmitz was tried was that of extortion from Joseph Malfanti, Charles Kelb and William Lafrenz, proprietors of Delmonico’s Restaurant, of $1,175. The sum was Delmonico’s share of the $5,000 paid to Ruef in 1905, by the French-restaurant keepers to prevent the liquor licenses, without which their establishments could not be successfully conducted, being taken from them.
The testimony showed:
(1) That Schmitz had used his power as Mayor over the Police Commissioners to compel them in the first instance, to withhold French-restaurant liquor licenses, and that later in the latter part of January, 1905, he had exerted himself as actively and effectively to have the licenses granted, even removing from office Police Commissioner Hutton, who was standing out against the French restaurants.
(2) That attorneys, appearing before the Police Commissioners, to present the claims of the French-restaurant keepers for licenses, were unable to secure a hearing. One of these testified to having advised his client, and other French-restaurant keepers that “there is only one man who can help you, and that is Mr. Ruef.”
(3) That a French-restaurant keeper who owed Ruef money, and at whose establishment Ruef had his headquarters, approached his fellow French-restaurant keepers and told them that for $7,000 a year Ruef would represent them and keep them secure in their business for two years. The $7,000 demand was finally reduced to $5,000, $10,000 for the two years.
(4) That the French-restaurant keepers raised $8,000 of the $10,000 demanded, and sent it to Ruef, $5,000 the first year and $3,000 the next.
(5) That Ruef refused to receive anything but currency, would give no receipt for the money, and would deal with one man only.
(6) That Ruef claimed to receive the money as a fee from the “French Restaurant Keepers’ Association,” but that no such association existed in San Francisco.
(7) That after the French-restaurant keepers had satisfied Ruef, Ruef appeared for them before the Police Commissioners and, after Commissioner Hutton had been removed from office by Mayor Schmitz, secured for them their licenses.[230]
Having established its case thus far, the Prosecution rested.