The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-14
.SCHMITz GUILTY
OF EXTORTION
San Francisco Jury Quickly
ConvictS City'S Mayor of
Graft Crime Charged.
CROWD APPLAUDS VERDICT
OFFICIAL SAYS HE DID NOT HAVE
FAIR TRIAL.
CROWD APPLAUDS VERDICT

San Francisco, June ia jury of
twelve of his peers has declared Mayor
Eugene Z. Schmitz guilty of the crime
of extortion as charged against him by
the Oliver grand jury
The jury was out just one hour and thir-
ty-five minutes. They elected Charles E.
Capp foreman, and at once proceeded to
bally and stood eleven for conviction.
one for acquittal, Juror Burns, a shoe
maker. casting the dissenting vote.
Then the twelve men began a discussion
of the evidence which lasted for nearly
an hour At the end of that time the first
formal ballot was cast. 1t was a written
ballot and was unanimous for conviction.
The jurymen issued this statement to
the Associated Press Immediately after
their dismissal by the court.
In justice to Juror Burns, it should be
explained that he did not vote for ac-
quittal because he was dissatisfied with
the evidence or Believed there was any
doubt of the defendants guilt. Two
and the consecutive reading of these
confused Mr.. Burns. AS
soon as he understood the matter, he cast
his vote with the other eleven and the
verdict was accomplished.
Mr.. Burns approved this statement as
correct. He said:
I'm sorry for him. This is a sad day s
work. If there had been one point that
could honestly have said 1 was in
doubt on ] would have held out for him
month. But there wasn't one, not one. "
Verdict Early in Evening.
At five minutes after o'clock the tap
ping on the inside of the jury-roOm di-
rected the attention of a guard. He sent
for Ellison Biggy, who was waiting be-
low in a pew of the lightless synagogue.
No one had been able to find the cleo
trio switchboard. and the .janitor was
gone. Ellison Biggy stumbled upstairs in
the dark and unlocked the jUry-TOOm
dOer.
There was a brief whispered colloquy
between him and the white-haiTed fore
man. Then Biggy turned the key and
made for the nearest telephone. in a room
on the floor below. While he telephoned
Judge Dunno at his club, THE jury has
agreed" a crowd of newspaper men and
loiterers expelled from the building by the
elisor at the adjournment of court, was
grouped on the pavement outside, peer
ing up at the tower-room and wondering
how many days and nights the Schmitz
jury would be out.
On the wings of rumor spread the re-
port, The jury has reached verdict,
and even before Judge Dunno reached
the synagogue, hurried thitheF by an au-
tomobile. nearly a thousand men had
gathered in Bush street and were clam
oring at the doors to be let in. They
were kept out until the twelve men had
been brought and seated. As Judge Dunno
entered his chambers by a rear way. the
crowd surged into the building from the
front.
Then there was another wait of five
minutes. The mayor had not arrived.
Mayor Comes in Automobile.
He came putting up presently in his red
touring car. Nelson and Fairall and Bar
rett and Drew accompanying. They
pressed down the aisle and quietly took
their accustomed seats at that end of the
counsel table farthest from the jury
Clerk McManus stepped to the door OF
the chambers and announced; "All ready
for YOU, Judge. They're here"
Judge Dunno took the bench at once
walking with light, springy step. The
flush ir-his usually pale cheeks, the I'M
Wonted brightness of eye, told of the in
tense interest he felt but might not ex-
press by 50 much as word or ges-
tUTe.
LET the jury be poIled," he said OUT
city.
Poll the jury repeated Baiiiff Moore
to the clerk
That official tolled off the names OF
the twelve.
"All present, your honor" he reported
Then, turning and addressing them
Gentlemen of the jury, have you agreed
on verdict. he said
Foreman Capp, white haired and
scanned of face. rose very slowly I'm his
seat at the far end of the lower tier.
We have, he said solemnly.
What is your verdict? Is the defend
ant guilty or not guilty p intoned the
clerk.
Foreman Capp took deep audible
breath.
Guilty" he said very slowly and very
low. But there was no quaver in his
voice.
Crowd AppIauds Verdict.
The silence was broken in. a hundred
places at once. like wave draining from
the rocks. A long drawn "Ah" RAJ
through the crowd. Then Good cried
a voice in a far corner. And Good
good" echoed another spectator farther
front.
Rudolph Spreckels, whose wealth made
possible the whole bribe-graft prosecution
was walking swiftly down the right aisle
as the sentence fell from the foreman's
lips. He sunk into a near seat as though
arrested by some sharp command
All over the house people were jumping
up now and some of them turned to the
strangers at their elbows and thrust out
their hands in the enthusiasm of long.
looked-for moment and said, Shake
sit down, sit down" cried the baiIfft
and banged a cut glass ink bottle on tbs
counsel table TO enforce the command
Clerk McManus stepped ton the iur,
rail and took from Foreman Capp the un
sealed verdict. He returned to his desl
and spread it out and glanced his eve.
over it.
jury is Polied.
Gentlemen of the jury he droned
listen to the verdict as recorded: We
the jury in the above entitled case fin,
the defendant. Eugene f. Schmitz, guilt
as charged in the Indictment Is tina
your verdict so say you one, so say yOl
alp
so say we ALL answered back tn,
twelve. their voices jumbling and jar
ring on the silence.
Mr.. Nelson of counsel for the defens,
spoke:
1--WE ask that the jury be polled," h,
said:
And so. one by one. the names of tn,
twelve were called. and each was asked
rs that your verdict" Each replied
1T is
1.-THE judgment of the court will be pro
nounced on Wednesday, June a. sale
Judge Dunno.
He turned to the jury: Gentlemen,
he said, '.you are discharged from any
further consideration of this case. anS
the court thanks you for the patience yoJ
have displayed and for the efficiency yOI
have exhibited in the performance o.
YOUR sworn duty. You are dismissed
Foreman Capp. rose again: Your hon
or" he said, IT am instructed by this
Jury TO return its thanks to the court
Continued on Page 8.