The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-01
COURT DEFIED
BY ATTORNEY
Lively Scene During Schmitz
Trial and Lawyer FairaII Is
Sentenced for Contempt.
JUDGE FINALLY RELENTED
NO PROGRESS MADE IN JURY
GETTING.

San Francisco, May 21.-Attorney
Charles II. Fairall, of counsel for the de-
tense, was twice within a few minutes
sentenced TO Jail for contempt of court by
Superior Judge Dunno, shortly before the
adjournment of the Schmitz trial this aft
ernoon. The orders were subsequently re-
voked by the court at the request OF the
mayors senior counsel, former Judge ].
c. Campbell, Joined in by Assistant Dis
trict Attorney Heney.
The sensational incident was the cumi-
nation of long day of chickering's and
quarrelings between opposing counsel that
more than once had threatened unpleasant
results.
Eleven Jurors had been finally accepted
and sworn and the twelfth had been BY
both sides accepted. subject to peremptory
challenge. when Mr.. Heney announced
that he desired to further question juror
who was accepted last Wednesday, Jack
O'Mara, a blacksmith. who. said the
prosecutor, I'VE have just been informed
is an employee Of the city
/ Had Been Tempered With.
O'Mara satisfied the court that such
was not the case. and then Heney pro-
pounded some rapid-fire questions. show
ing that during the noon recess the black
smith had been Swallowed by one of Spe-
cial Agent Burns men, who had seen him
stop and talk with one Ed Dennison, on
Fillmore street enter "a saloon with him
and emerge. fifteen minutes later, after
which Dennlson hurried away to the of
lice Of Herbert Schmitz. brother of the
mayor. evidently to report
Under Heney's questioning O'MaTa first
denied that the SchmitZ trial had been
mentioned between him and Dei.Eison. but
later admitted that the fact of his being
a juror had been remarked. though, not
discussed. To all of this Mr.. Campbell
entered objection TO which Heney heated
~ replied that it vas for the purpose of
showing an attempt to tamper with iu-
ror. Mr.. Fairall, supporting the objection.
got into D snarl of words with the assist
atfnFnp-- he
warned that official to address him with
care
fighting man-Tm scared TO death of
you
Mr. FairaH replied in kind. and Judge
Dunno ordered him to be quiet. Instead
OF obeying the attorney got to his feet
and launched reply.
Sit down. Mr. FairaH." commanded
Judge Dunno. ''or / shall send you to
jail
4 don't care anything about that" re-
piled Fairal waving his arms contemptu-
Ously.
So incensed was Judge Duune at this
that. though he spoke quietly, he STUN
bled over his words.
Mr.. FairalI. your conduct is boisterous.
offensive, insulting and contsmptuous. I
adJudge you guilty of contempt of this
court. and as punishment therefor il is
ordered that you be confined In the county
Jail in the city and county of San Fran
cisco for a period Of twenty-four hours
1
distinction, retOTted Fairall.
Doubled His Dose.
Mr. FairaIl'' said Judge Duhne 81 adj
judge you further guilty of boisterous. Of
fensive, insulting and contemptUous con-
Duct. and ] adiudge you guilty of con-
tempt of this court, and as a punishment
therefor il is ordered. adjudged and de-
creed that you be confined in the county
jail of this city and county for a period of
fOrty-eight hours. Now. Mr.. Campbell
will you proceed?
When court was adjourned the jury
stood in numbers just where it was at the
commencement of the daylight men in
the box. four more TO get
The trial will be resumed on Monday.
Mayor Schmitz will be arraigned tomor-
row on the twenty-eight indictments
charging him with bribinS fourteen super
visors in connection with the gas and
ParlSside trolley deals.
District Attorney Langdon will tomOr-
Tow lay before the grand jury an array
OF facts in support of the allegation that
Chief Oman has used the police depart
ment in an attempt to tamper with ven
iTemen called for the completion of the
Schmitz jury Mr.. Langdon viii charge
the chief with misconduct in office and
viii recommend that steps be taken undec
the penal code for his removal from Of
flee by a suit in the superior court