The San Francisco call., 1907-06-27
GRAND JURY IHD|CTS
NINE CAR AsSA|LANTs
Union Men Accused of Con
spring to Commit the
Crime of Riot

Nine men alleged to have been par
ticipants in the recent assaults on
strike breaking carmen were indicted
by the grand jury yesterday afternoon,
the true bills being filed in open court
before acting Presiding Judge Lawlor.
Six of the men are Jointly charged with
conspiracy to commit the crime of riot,
which is a high misdemeanor, and the
other three are each accused of assault
with a deadly weapon, a felony.
The men charged with conspiracy are
John Mitzen, Rudolph Schmidt, George
Peterson, ]. c. Kyle, J. II. Burns and j.
Murray Mcdonald, six of the eight
striking carmen who participated in
the attack on car crew near the
Chutes last Saturday night. Mcdonald
is also being held with John Mckenzie.
another striking carman, on charge
of having been engaged in the assault
at the haywood house on the morning
iof June 2, but no action concerning the
matter has been taken by the grand
Jury as yet. The crime of conspiracy
carries with it maximum punishment
of one year In the county jail or $1,000
fine or both, which is twice as great as
the maximum punishment for an or
binary misdemeanor.
Charles Langle, Barney Olsen and
John William Hayes are the men
against whom the separate indictments
of assault with a deadly weapon were
returned. They are all accused of hurl-
ing bricks at streetcars, and a peni-
tentiary sentence is the punishment in
case of conviction. The reason that in
dictments containing similar charge
of assault were not returned against
the participants in the affair at the
Chutes was that the evidence before
the grand jury did not show that any
of them were armed.
The arrival of the grand jury in
Judge LawIor's courtroom to return
these indictments nearly resulted in
palpitation of the heart for Eugene e.
Schmitz and several of the indicted
Parkside officials, who were there listen
ing to the attempts of their attorneys
to find some technical point which
might prevent their being brought to
trial The coming of the grand jury
was unheralded, and several guilty con-
sciences sent flushes of apprehension
to the countenances of the indicted.
Schmitz sat up straight in his seat
scanning the grand jurymen as they
filed in and evidently fearing a new re-
turn of true bills against himself
When the purpose of the visit was ex-
planned to him he settled back into his
seat with a look of relief.
Acting Foreman Jeremiah Deasy, ap-
pointed by Judge Corey to act during
the absence of Foreman Oliver, returned
the Indictments, and at the same time
handed Judge Lawlor his resignation
as acting foreman. The resignation
was accepted and oliver was sworn for
the second time to discharge the duties
of foreman.
touching incident occurred during
the roll call of the grand jury-the first
formal roll call in court since the death
of Grand Juryman Christian B. Rode
When Rode's name was called by the
clerk of the court Foreman Oliver. who
had been answering for the excused
and absent members, arose and respond
ed dead. The word caused sudden
ouietness to fall over every one in the
big courtroom.
Adjournment was taken Immediately
after the indictments were returned,
subject to the call of the foreman The
only other strike case now pending is
that of the attack on the haywood
house in which Mcdonald and McKen-
zie were concerned, and the police have
not yet concluded their investigation
Efforts are also being made to trace
responsibility for the assaults to on
cials of the Garments union, who were
declared by Peterson and Mckenzie TO
have ordered the attack on the car at
the Chutes and the attack at the May
wood house, but this matter is not yet
in shape to be presented to the grand
jury for action.