The San Francisco call., 1907-06-25
Judge Says Dinan
Had No Right to
Assist Schnitz
Chiefs Objections to
Jury's Charge to Be
Answered Today

Superior Judge Seawell will. at
o'clock this afternoon, pass on the
objection raised by Chief or Poiice
Dinan to the accusation orough'
against him by the grand jury, When
II was discovered that the police force
had been active in the cause OF Mayor
Schmitz during the impeachment Of the
trial Jury in the extortion case IN
which tho mayor was convicted.
From the tone of the judges COM
r7ents made yesterday while Assistant
District Attorney Robert Harrison and
Nat CoghIan, attorney for Dinan' We're
arguing. il may be anticipated that
Dinan will not receive all that he asks
OF the court.
aThe chief OF police" said Judge
Seawell. IN answer to one Of Coghlan
rhetorical questions, is in the pay OF
the people. The people DO not pay the
police to assist in helping accused per-
sons get acouitted-those persons can
care for themselves. Knowing favor
able evidence q chief may give il 10
an accused person, but he may not de-
tail his men to collect favorable evil
denoe for a defendant"
Later IN the argument Harrison
made the point that the duties Of the
chief Of police are analogous TO those
OF the sheriff and that while the sheriff
has charge Of trial juries in the SUI
perior court the chief of police per-
forms an Identical Office with juries
in the police courts and that Dinan
was patiently guilty Of misconduct
when he interfered with the venire
in Judge Dunnes court by detailing
four or more detectives to collect data
concerning men on the panel for the
aid Of Schmitz.
The misconduct was committed
when the order was issued to the
men," said Judge Seawell, and he
agreed with Harrison that it was i'm
material whether or not the men car
ried out their instructions.
Harrison's argument was that Dinan
might be tried for removal under the
general law and charter provisions and
that the superior court had jurisdiction
10 try the case. He claimed that under
the law Dinan would simply have to be
adjudged guilty of misconduct in office
and then his Office would become va
cant.
Coghlan contended that only the
mayor or the police commission had
the power to remove the chief OF po-
lice THE chief is only chief" he
said. because he is connected with the
police courts and has bureau of iden-
tlfication"
Coghlan was ready 70 justify Dinan's
interest in. Schmitz' cause.
He continued: "In this instance Di-
mans first duty was not TO the city,
nor to the people, but to his con-
science; he had first TO look to justice,
and, II be thought that this defendant,
Schmitz. was the victim of an organ
lied resistance to the law IL was his
sduty as a citizen TO aid him. Schmitz
is the father of the children of the
municipality and the chief of police
must obey him"
In making that provision the law
did not intend that it should apply
when the mayor was a defendant" said
Assistant District Attorney Hof Cook.
who is associated with Harrison in the
case.
Robert W. Mcmillan OF Dinan's
counsel closed the case with a few
remarks and Judge Seawell took 1T
under advisement until today. Ex-
Police Commissioner Alexander O'Grady
was in court and cheered Dinan's cause.