Los Angeles herald., 1907-06-15
SCHM|Tz TO ASK
BAIL OF COURT
Continued from PAGE one,


the counsel table, wedged in among
other high and influential defendants
all of them awaiting the same ordeal
that he had passed through-sat the
convicted mayor. And what change
was there. Gone all the brightness, the
buoyanCy and the proud bearing that
were to nim the allies of external inno-
cence through all the long days of nler-
ciless evidence giving and OF pltlless
arraignment. HIS head dropped His
shoulders Slouched. His countenance
had undergone since the crushing blow
of last night physical collapse. one
looked at him but once to know that
sleep had not touched his heavy eye
lids in many hours. Only the thick
lips pressed together in straight line
were assurance that any OF the man
marvellous nerve was left.
Mr., Schlessinger was about making
an address to the court in reference to
the Halsey matter when Mr.. Campbell
interrupted:
"Will your honor permit an ex parte
motion at this timer
Judge Dunno bowed his consent.
II now DESIRE" said Mr.. Campbell,
ito make formal application to your
honor to admit the defendant, Eugene
E. Schmitz, to bail pending further
procedure of the court in the matter
of indictment No. 4O5.'
Judge Dunno looked to the prosecu-
ton. District Attorney Langdon arose.
I'VE desire that the same course be
taken in this case as is taken in every
similar case in the courts Of this city"
he said There is no good reason ap-
pearing why the defendant should not
be remanded in the custody of the
sheriff pendinq sentence
No Reason for Ball
do you mean," asked Mr.. Campbell,
"to make the point that I have not set
out specifically my reasons for asking
bail.
mo, I merely make the point that
there is no good reason why the or
dinary legal course should be devlated
from in this case"
Mr.. Campbell replied: 1.-THE defend
ant here is the chief executive of this
city. And matters of great importance
are within his keeping for his deterimin-
alton. No one but he can attend to
them. If it be desired by counsel or
by the court I will very gladly set
forth those facts in an affidavit
Judge Dunno said: "The district at
torney has called the attention of the
court to what appears to me to be the
pre- eminent fact:
THAT is, in every criminal case after
conviction by jury the defendant is
ordered into the custody OF the sherlff,
And other disposition of this defendant
certainly would have to be preceded by
a proper and formal showing. That Is
a consideration 1 should not even allow
| the prosecution to waive"
"Will your honor hold court tomor-
row?" asked Mr.. Campbell.
"Yes, but not here. In the usual
place at California and Webster streets
at 10 o'clock
"Then," said Mr.. Campbell, 81 may
submit the motion formally at that
time"
Mr.. Langdon interposed: II would
| suggest to your honor" he said, that
the defendant appear here not as the
mayor of San Francisco, but simply as
Eugene z. Schmitz," and the district
attorney sat down.
THAT is unquestionably the case,
observed Judge Dunno.
Mr.. Campbell restated briefly his
reasons for asking the admittance OF
the mayor to bail and concluded:
"I will present the matter formally
to your honor in the morning, If l an
so advised. Otherwise 1 shall not ap'
pear.'
"Don't misunderstood me- Mr.. Camp
bell" cautioned the court. Il have
not indicated that such an application
made would be allowed or denied"
'I understand" responded Mr.. Camp
bell, "your honor has merely indicated
what the form of procedure must be-"
'GYae assented the Judge,