Los Angeles herald., 1907-06-14
MAYOR is
CONV|CTEDO OF
EXXT|0OR||TII0A XXT
Twelve Men Reach
Decision on First
Ballot
Thousands I thousands Crowd Crowd Into Into
Courtroom to Hear
Result
Dramatic Scene Enacted When Panel
Files Back to Submit Report.
Accused Official Denies
Guilt

By Associated Press.
CAN FRANCISCO, June IA jury
of twelve of his peers has declared
Mayor Eugene e. Schmitz guilty
of the crime of extortion as charged
against him by the Oliver grand jury.
The jury was out just one hour and
thirty-fve minutes. They elected
Charles e. Capp foreman and at once
proceeded to an informal ballot.
This was cast verbally and stood
eleven for conviction, one for acquittal.
Juror Burns, shoemaker, cast the dis
senting vote.
Then the twelve men began a dis.
cussion of the evidence, which lasted
for nearly an hour. AT the end of that
1t was written ballot and was unani-
nous for conviction.
The jurymen issued this statement to
the Associated Press Immediately after
their dismissal by the court:
'In justice to Juror Burns it should
be explained that he did not vote for
acquittal because he was dissatisfied
with the evidence or believed there
Two forms of verdict were given to the
jury and the consecutive reading of
these momentarily confused Mr.. Burns.
AS soon as he understood the matter
he cast his vote with the other eleven
and the verdict was accomplished.
Mr.. Burns approved this statement
as correct. He said: I'm sorry for
him. This is sad days work. If
there had been one point that could
honestly have said I was in doubt on
1 would have held out for hiy
month. But there wasn't one, not o0e-"
Jury Agrees
At five minutes after o'clock s tap-
ping on the inside of the jurs foo1n
door called the attention of erd-
He sent for Elisor Biggy. &who ms
waiting below in pew OF the Va at'
less synagogue.
No one had been able to find the &C.
trio switchboard, and the janito as
gone. Biggy stumbled upstairs ha
dark and unlocked the juryroom a5r.
There was a brief whispered CO. Nv
between him and the white-hairec CEe-
man. Then Bigsy turned the kes aad
made for the nearest telephone, tG
room on the floor below. Whil la ne
telephoned Judge Dunno at his .lVb,
'The Jury has agreed Grove OF
newspaper men and loiterers, exaei ID
from the building by the elisor { lc
adjournment of court, was group pil
the pavement outside, peering VI It
the tower room and wondering
many days and nights the Schmitz taty
would be out.
ON the wings of rumor spread the lsi-
port. 1.-The Jury has reached a verde
and even before Judge Dunno reached
the synagogue, hurried thither by auto
mobile, nearly thousand men had
gathered in Bush street and were clam
oring at the doors to be let In. They
were kept out until the twelve had
been brought down and seated. AS
Tudge Dunne entered his chambers by
q. rear way the crowd surged into the
building from the front.
Then there was another wait OF f1ve
minutes. The mayor had not arrived.
He came putting up presently in his red
touring car, Metson and Fairall and
Barrett and Drew accompanying him.
They pressed down the aisle and Quickly
took their accustomed seats al tnat ENG
OF the counsel table farthest from the
jury.
Clerk McManus stepped to the door
of the chambers and announced: All
ready for you, judge; they're here"
Judge Dunne took the bench at once
walking with a light, springy step The
flush in his usually pale cheek, the un-
wonted brightness OF eve, told OF the
intense interest he felt but might not
express by so much as word or a
gesture.
quietly.
poll the jury" repeated Bailiff
Moore to the clerk.
That official told Off the names OF
the twelve.
''All present. your honor, ne re-
them: "Gentlemen OF the jury, have you
agreed ON verdict?" he said.
Announces Verdict
Foreman Capp. white haired and
scanned Of face, rose very slowly IN MS
seat at the far end OF the lower tier
"We have,'' he said solemnly.
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