The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-15
SCHMITz UNDER
OFFICERS CARE
Mayor of San Francisco With
Dropping Head Hears Motor
for Bail Refused.
GREAT CREDIT FOR HENEY
RESULT OF HARD WORK ALL
ALONG THE LINE.

San Francisco, June 14.-Mayor Eu-
gene E. Schmitz. convicted last night
by jury of the crime of extortion.
this morning asked Judge Dunno to re-
lease him on bail until sentence is pro
nounced Thursday, June q. The re-
quest was neither granted nor denied:
but the court intimated that propriety
was with the suggestion of the prosecu-
ton that the mayor like any other
convicted criminal, should be locked up
i'm the county Jail.
The auditorium of the Bush street
synagogue, that has been the setting
for so many successive spectacular
scenes since the trial of the indicted
mayor began, was once more filed with
curious spectators, men and women,
when the time arrived this morning for
the opening of Judge DUNES court.
But only tWo-thirds of the big audito-
rum rooms were filed, and the gal
lery doors were not unlocked a all.
Seated at the counsel table was only
one of the mayors attorneys, former
Judge j. g. Campbell, who throughout
TIE trial has been in charge Of the de-
Tense, and who made the closing ar
gument for the mayor yesterday morn
ing. Next to him sat Attorney Will
liam Rix, representing the defendants
to the Parkside deal indictments, and
Attorneys William p. Humphreys
Burke SChlesSingeT and Dolphin n.
Delmas, representing Theodore V. Hal
sey of the Pacific States Telephone &
Telegraph company, indicted by the
grand jury on charges of bribing su-
pervisors. 1t was time for Halsey to
support his motion for setting aside the
indictment and time for the Parkside
people TO plead.
a.
In the front pew, pace back from
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 ali the brightness and
the buOyancy and the proud bearing
that were to him the allies of external
innocence through all the long days of
merciless evidence-giving and of pitt
! less arraignment. His head dropped.
His shoulders slouched. His counter
ance had undergone since the crush
ing blow of last night a physical col
lapse.
One looked at him but once to know
that sleep had not touched his heavy
eyelids in many hours. Only the thick
! lips pressed together in straight line
were assurance that any of the mans
marvellous nerve was left
Mr.. SchlessingeT was about making
an address to the court in reference
to the Halsey matter, when Mr.. Camp
/ bell Interrupted:
will your honor permit an. ex parte
motion at this time2"
/ Judge Dunno bowed his consent
! I now desire" said Mr.. Campbell,
! Ito make formal application to your
honor to admit the defendant, Eugene
/ +. SchmitZ, to bail pending further
procedure of the court in the matter
of indictment No. 49,"
! Judge Dunno looked to the prOsecu-
ton. District Attorney Langdon arose:
No Bail Allowable.
1--WE desire that the same course be
1 taken in this case as is taken in every
! other similar case in the courts of this
city" he said. There is no good rea-
son appearing why the defendant
should not be remanded in the custody
of the sheriff pending sentence"
! DO you mean" asked Mr.. Campbell
/ ito make the point that l have not set
out specifically my reasons Tor asking
bai1?'
NO. I merely make the point that
! there is no good reason why the ordi-
nary legal course should be deviated
| from I'm this case"
/ Mr. Campbell replied:
The defendant here is the chief ex-
! ecutive of this city. And matters Of
great Importance are within his keep
| ing for his determination. No one but
I he can attend to them. If it be de-
sired by counsel or by the court I will
very gladly set forth these facts in an
/ affidavit"
! Judge Dunno said:
THE district attorney has called the
attention of the court to what appears
( to me to be the pTe-eminent fact: That
| is, in every criminal case after convic-
ton by jury the defendant is ordered
| into the custody of the sheriff ANY
other disposition of this defendant GER
tainly would have to be preceded by a
| proper and formal showing. That is a
| consideration / should not even allow
/ the prosecution to waive"
Continued on Page 2.