Note 134 — Chapter X · Fight to Evade Trial.

During the reading of the first of the five indictments, Schmitz stood, but Ruef remained seated. When the second indictment was read, both the defendants kept their seats. Heney demanded to know what was going on. Judge Dunne announced that the arraignment must proceed as in ordinary cases. During the reading of the remaining indictments both defendants remained standing, but Ruef kept his back turned toward the court. Commenting upon this incident, the Chronicle, in its issue of December 8, 1906, said in an editorial article:

“In Judge Dunne’s court a rogue on trial insolently refused to stand and be arraigned like any other criminal, apparently on the assumption that a political boss was above the courts. He was finally compelled to stand and let his shame be seen. He sat, however, through one arraignment, and the people have reason to complain that the trial Judge did not earlier enforce the respect due to the majesty of the law. In another instance there is a more grave offense. A lawyer presumed to bandy words with the Judge on the bench, and is reported to have said to the Court in a loud and insolent tone, evincing evident disrespect, ‘And I have heard considerable oratory from you.’ Nothing was done about it, and Judge Dunne owes it to the people to explain why he did not promptly commit the insolent fellow to jail. The Judge on the bench represents the majesty of the law. He sits for the people in solemn judgment on offenders. He is expected to enforce due respect for the tribunal, and for that purpose is invested with the power of summary punishment for contempt. Our alleged administration of criminal justice is disgraceful, and the evil permeates the entire machinery, from the policeman on his beat to the highest tribunal.”