The Mena weekly star., 1907-06-20
SCHM|IZ IS CONVICTED
The Jury Says Mayor of San Fran cisco is Guilty of Ex-
 tortion.
fNLY ONE FORMAL BALLOT NECESSARY
Jury Out Just One Hour and 35 Min utes--Sentence of Court Deferred Until June 27 and the Prisoner Re- manded to the Custody of the Sheriff.


 San Francisco, June 15,-A 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 35 minutes. They elected Charles E. Capp, foreman and at once proceeded to an informal ballot.
 This was cast verbally and stood elev- en for conviction. one for acquittal. juror Burns, a shoemaker, cast the dissenting vote.
 Then the twelve men began dis cussion of the evidence which lasted for nearly an hour At the end of that time the first formal ballot was cast It was written ballot and was unanimous for conviction.
 Judge Dunne took the bench at once.
 Let the jury be polled,' he said quietly.
 Poll the jury" repeated Bailiff Moore to the clerk
 That offical tolled over the names of the twelve.
 "All present. your honor" he report ed. Then turning and addressing them he said: Gentlemen of the jury, nave you agreed on verdict?"
 Foreman Capp. white haired and scanned of face, rose very slowly in his seat at the far end of the lower tier.
 We have" he said boldly.
 What is your verdict? Is the de- fendant guilty or not guilty?"
 Foreman Capp said quietly guilty" very slowly and very low.
 The silence was broken in a hun dred places at once, like wave draining from the rocks. A long drawn An" ran through the crowd. Then good" cried voice in the far cor ner. And Good. good" echoed an other spectator farther front
 All over the house people were jumping up now and some of them turned to the strangers at their elbows and thrust out their hands in the en- thusiasm of a long-looker for moment, and said Shake"
 The judgment of the court will be pronounced on Wednesday, June l7," said Judge Dunne.
 At ten o'clock Friday morning Mayor Schmitz appeared before Judge Dunne. His attorneys asked for the legal period of ten days stay of proceedings before sentence Is pronounced against the convicted of ficial The maximum penalty for the crime of extortion is five years inn prisonment in the state prison. He Is also due to court in connection with the charges of bribing supervisors in aid of gas companies and the United Railways The attorneys for the mayor will immediately apply for a new trial before the court and will also ask sor a writ of probable cause If the application of the attorneys is refused, schmitz will apply to the ais trict court of appeals for a new trial
 Schmitz spent Thursday night at his hoae in charge of deputy sher- iff
 According to a statement made Thursday by Acting District Attorney Heney, Eugene E.. Schmitz, being convicted becomes mayor in name only, Though unable to perform the duties of his office, under the law of California, Schmitz. it Is said, still retains the office.
 A few years ago a law was placed upon the statute books of the state ihat a convicted person could not pc busted from office until such eonvic- lion had been upheld by higher lourt As cases move slowly on ap- peal, it is considered likely that the higher court would not pass upon this matter until after the mayors term of office has expired.
 Under the charter however, schmitz. by reason of his confine- ment in prison would be un- able to perform the duties of his office Under the circumstances the supervisors have no pow tf to oust him, but must select some me of their number to act as mayor during Schmitz's disability As chair man Of the finance committee of the board Gallagher would become act Ing mayor leaving the government practically in the hands of the prose cutors, who, while they may not be empowered to install new officials, may succeed tn effecting extensive reforms in the civil government
 Formal application for bail was made by SchmitE' attorney, Mir Camp bell lundge nunne denied the ap pllestloa end directed thAs sehmlis h4 taken N saii