When Schmitz's trial opened, District Attorney Langdon, Hiram Johnson, all the rest of Heney's associates, urged that Ruef be put on the stand, insisting that the case would be greatly strengthened if it could be proved by Ruef that Schmitz had received half the extortion money. Heney conceded the strength of this contention, but held, on the other hand, that Ruef would lie so much about other things that he would do more harm than good to the case. Personally, Heney insisted, he wanted nothing to do with him. Thus, in making his opening statement to the jury in the Schmitz case, Heney refrained from stating that he expected to prove Schmitz received any part of the money which had been paid to Ruef. But of the break between Heney and Ruef, the public knew nothing. San Francisco looked to see Ruef put on the stand. When the Prosecution rested without calling this supposedly star witness, even the Defense was taken by surprise and had to ask continuance until the following day before calling witnesses. Schmitz took the stand in his own behalf. He denied the statements which his former Police Commissioners had made against him. The Mayor's story of denial was soon told. Heney, on cross-examination asked: "Did Ruef pay you any part of the $5,000 that has been testified he received from the French restaurants?" and Schmitz replied: "I didn't know that Mr. Ruef got any $5,000, nor did I receive any part of it."[232] And then, in detail, Schmitz denied that he had received any money from Ruef, or had had any conversation with him regarding a "fee" which Ruef had received from the French-restaurant keepers. In rebuttal, Ruef was called to the stand.[233] "Did you," questioned Heney, "in January or February, 1905, in this City and County of San Francisco, at the house of Eugene E. Schmitz, the defendant, at number 2849 Fillmore street, give to Eugene E. Schmitz any money, and if so how much, and in what kind of money?" "I did," answered Ruef, "$2500 in currency." "Did you, then and there, tell him," pursued Heney, "that it was his share of the money you had received from the five French-restaurant keepers?" "I didn't say to him," replied Ruef, "that it was his share of the money which I had received from the French restaurants. I did say to him that I had received from the French restaurants the sum of $5,000, and that if he would accept half of it I should be glad to give it to him. Thereupon I gave it to him." Ruef testified further to paying Schmitz $1500 early in 1906, half of the second payment made to him by the French-restaurant keepers. The jurors before whom Mayor Schmitz was tried took one ballot only. They found the defendant guilty of extortion as charged in the indictment. Following the verdict, Schmitz, who eighteen months before had, for the third time been elected Mayor of San Francisco, was, as a convicted felon, confined in the county jail.[234] FOOTNOTES: