The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-21
SLIGHT DELAY IN
SCHM|Tz TRIAL
Case Will Proceed This Morn
ing, When Prosecution Will
File Counter Affidavits.
DEFENSE FEARS THE COURT
MAYOR REMAINS UNDER HEAVY
BAIL.

San Francisco. May 2O-Mayor Eugene
Schmitz appeared for trial at 10 o'clock
this morning in Judge DUNES depart
mert of the supreme court on five grand
jury charges of extorting money from
local keepers of French restaurants. BY
request of the prosecution. the hearing
was delayed one day in order that coun-
ter affs1avits may be prepared against
Schmitzs motion for a change of trial
judge. Assistant District Attorney Heney
created surprise by announcing that
the state has no present intention of
asking the court to take the mayor into
custody pending his trial. Schmitz is
at liberty under five bail bonds aggre-
eating $4,000.
Scene in Court Room.
At five minutes before 10 o'clock. the
mayor. accompanied by his counsel
Campbell, Drew, Bartlett & FairaH en-
Tered the court room and took seat
between counsel table and the table re-
served for the newspaper men. The may
or looked pale and glum. For the prose-
cution there appeared District Attorney
Isngdon. Assistant District Attorneys
Heney and Harrison. Special Prosecutor
Johnson and Attorneys Cobb and Dryer
Rudolph Spreck1es. Ellison Buggy and Spe-
cial Agent Burgs took seats near the
counsel table The room was crowded,
Before taking up the Schmitz hearing
Judge Dunno continued by consent for
thirty days the case of perjury against
Chief Of Police Oman and the cases of
conspiracy against Oman and Abraham
Ruef. Clerk McManus called the names
of thA seventy-Seven talesmen remaining
from the last ordinary venire summoned
IN the Ruef case. Forty-three of them
were present.
Case Called and Continued.
The people against Eugene F.
sehn1itz. causes 800 TO 300, for trial" an
nounoed Judge Dunno.
Defendant is ready, your honor" re-
Piled Attorney Campbell.
District Attorney Langdon stated that
on Saturday night last the defense had
served on him notice of a motion for
change of trial judge. with copies of af-
fidsytts, in support Of the assertion that
Judge Dunno is biased and prejudiced
against Schmitz. Mr. Langdon asked
that the case go over until 10 o'clock
Tuesday morning TO give the prosecu-
ton time to prepare counter-affidavits;
and he asked that the witnesses be
ordered to appear at that hour.
Mr.. Campbell asked that the district
attorney serve him with copies of the
counter affidsvits during the day, and
the motion for a change of trial Judge"
said Mr. Campbell. I'VE have no desire
10 delay the proceedings II we have
affidavits traversing the counter affi-
the decision with the court
TaIesnen Served by EIisor.
Mr.. Campbell then asked whether the
names of the seventy-seven talesmen
called had been drawn from the regular
jury box and served by the elisOr-
Some OF them, yes" replied Judge
Mr.. Campbell replied that the defense
would not offer any objection to the
summoning of talesmen by the elisor,
as they viewed that as purely min
object to any further action by an elisor
in these proceedings.
IF there is going to be any discus
Dunno, I'VE might as well thresh it out
now
Assistant District Attorney Heney set
the defense at ease by making the fol-
lowing statement
In view of the unauthorized state
ments that have appeared in the local
press, and on account of the understand
ing that may have been assumed from
them by the defense. l desire to say at
this time that the state has no present
intention Of asking the court to order
the defendant into custody pending his
trial"
Adjournment thereupon was taken.
Whirled Away In Auto.
Mayor Schmitz. accompanied by two Of
his attorneys. left the court room i'm
crowds to his automobile which stood
at the curb on Webster street He was
watched, curtously, out of sight.
District Attorney LangcOn was asked
whether the statement by Mr. Heney
that the prosecution had mo present in
tentton" Of asking the court to order
Mayor Schmitz into custody indicated
that such request would be made later.
He replied:
Stranger things have happened