The Montgomery advertiser., 1907-06-14
FRISCO MAYOR IS A PRISONER Schmitz Found Guilty
 by Jury. sfENDS NIGHT IN THE JAIL Declares Judge Dunne Was Unfair
 to Him. Twelve Men Were Unanimous in Opin- ion That He Demanded Money
 With Ruef from Res-
 taurant Keepers.

| odH rTduCISCO, June lo.-A Jury Oi I twelve of his peers has declared May or 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 thirty-five minutes. It elected Charles E. Capp foreman and at once proceed | ed to an informal ballot. This was cast verbally and stood eleven for con- viction and one for acquittal, Juror Burns. shoemaker, casting the dis | senting vote.
 | Then the twelve men began a 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 a written ballot and was unan- | imous for conviction. The jurymen is- sued this statement to the Associated Press immediately after their dismissal by the court:
 "In justice to Juror Burns 1t should be explained that he did not vote for acquittal because he was dissatisfied | with the evidence or because there was any doubt of the defendants guilt ! Two forms of verdict were given to l the jury and the consecutive reading of these momentarily confused MT. l Burns. As soon as he understood the matter he cast his vote with the other eleven and the verdict was accomp- lished."
 MT. Burns approved this statement as correct.
 Great Crowd Present. Even before Judge Dunne reached the synagogue. hurried thither by an | automobile. on receiving word that | a verdict had been reached. nearly thousand men had gathered In Bush Street and were cIamoring' at the doors | to be let in. They were kept out un- til the twelve men had been brought In and seated.
 As Judge punne entered his cham.
 bers by 2 rear way the erewa suseeu l into the building from the front l Judge Dunne took the bench at l oisL Let the jury be polied,r. he said l quietly. The jury was polied, and on
 being asked for the verdict sForeman
 capp said:
 Guilty" very slowly and very low; The silence was broken in hundred | places at once A long drawn An | ran through the crowd Then Good cried a voice in a far corner. Good, f echoed another specator near In front' | Rudolph, Spreckels, whose wealth made possible the whole bribe-graft | prosecution, was walking swiftly down | the aisle as the sentence fell rom the foreman,s lips He sank into near ! Dy seat dS tuouSH SbA-NN~ - - | sharp command.
 Ali over the house people were | Jumping up and some of them, turned | to the strangers at their elbows ana l thrust their hands in enthusiasm of
 long looked for moment and saad: l Shake"
 MT. Nelson, of counsel for the de- | fense. spoke:
 we ask that the jury be boiled" he
 said, and so, one by one, the names Of
 the twelve men were called and each | was asked: 'Is that your VerdictE and | each replied: Tt is."
 l "The Judgment of the court will be
 pronounced on Wednesday, June 27,
 said Judge Dunne
 | The court will, at this time, listen | to any motion that may suggest itself | to the prosecution"
 l District Attorney Langdon arose. eye will ask that the usual way be pursued" he said.
 ] 'You mean" asked Judge Dunne.
 that you desire that the defendant
 be taken into custody pending the pro nouncement of sentence | "Yes. your honor. we think that should be done" responded the state. l Schmitz i'm Custody. ''The sheriff will take the defendant | into custody pending the further order l of the court" said the judge. who arose abruptly and quit the bench. IL l took the bailiff and Elisor Biggy's dep uties all of half an hour to drive the
 crowd out of the synagogue. | Mayor Schmitz, first declined to make any statement but later by ad> l vice of his attorneys he dictated the | following statement to the Associated | Press:
 "No matter what the decision of the l jurv which was gotten under most ad- verse circumstances regarding myself. l I still maintain and affirm that I am ab-
 solutely innocent of the crime charg-
 ed and will fight the case to the last
 resort As I said before my trial. l | did not expect nor did I receive fair
 or even decent treatment at the hands | of Judge Dunne and realizing his pre1- l udice. I made every effort to have the
 case transferred to any other judge in
 the state. I do not take this as de-
 feat and the decision makes me all the
 more detrmined to seek and secure jus
 tice in another court"
 All of Schmitzs counsel were present.
 except Judge Campbell,
 The mayor will be a prisoner tonight
 but will apply for bail pending an ap-
 neal when court convenes at 10 o'clock
 tomorrow morning
 The morning of the last day of the
 mayors trial was taken by MT. Camp l bells closing address 10 the Jury TOT ] the defense, a speech of great vigor 1 The afternoon was consumed by As
 sistant District Attorney Heney. The
 reading by Judge Dunne of his
 charge to the jury occupied the best | part of an hour. Through all the at-
 afternoon the unprecedented crowd that
 filled every seat and nook in the au- dience room and galleries of the syna-
 gogue sat or stood tight wedged, tense ] and weary.
 i When former Judge Campbell made
 the closing address to the jury he
 based his argument for acquittal on the
 plea that the state had failed to prove
 the guilt of the mayor strictly within
 the phraseology of the indictment
 Heney began his address to the jury
 at 2:40 p. m. At the very ouset he
 administered a severe rebuke to At
 torney Barrett. of the defense. for the
 latter's attack on District Attorney
 Langdon.
 MT. Heney stated that 1t was not necessary for the jury to believe that