The San Francisco call., 1907-06-16

would like to put a few questions
to him."
The sheriff, replied the court,
is presumed to do his duty. The
law does not leave anything to the
discretion of the sheriff. | am
aware that the sheriff has inter
tered with and shamed justice IN
other branches of this court. This
court means to see that he per
forms his full duty"
O'Neil stepped to the bar and
raised his hand for the administra-
tion of the oath. The court
stopped the clerk, saying:
Never mind the oath, wish to
ask the sheriff some questions my
self" Turning to -O'Neil he saids
Mr.. Sheriff, have you been perform
ing your full duty in the matter of this
prisoner?"
piled O'Neil s'He was out yesterday
in my custody I took him to his Of
fee and brought him to court today :
Let us come to an understanding,
Mr.. Sheriff., said the court sternly. Il
will assume that you have performed
your duty up to this time. do not
care to go into what you may have
done. But I want you to understand
that you have no discretion in this
matter. If it becomes necessary for the
prisoner to be taken from confinement
YOU will apply to me, and If deem 1t
necessary I will issue the order of your
authorization ''see
Very well, your honor" replied
ONeil humbly enough, though his face
was purple with rage.
MOTION FOR BAIL MADE
CampbeII's motion for Schmitz' re-
lease~was based on two grounds. The
first was concerned with the claim
that pressing official duties made the
presence of the mayor at his Office of
extraordinary Importance. His second
contention was that Schmitz had agreed
under bonds to surrender himself upon
the entering of judgment of convic-
tfon. That judgment. he contended,
had not been entered, and might never
be. Denial of his liberty under bonds
meanwhile, Campbell argued, was a
violation of the mayors constitutional
rights.
District Attorney Langdon argued in
his affidavit that there were not any
extraordinary features in Schmitz'
case. He denied that there was need
+ for the immediate personal attention Of
Schmitz to any official duty. He point
/, ed out that the charter provided for the
election OF an acting mayor by the
board of supervisors in the event of the
temporary or permanent disability of
the mayor, and that the city could get
along very well without Schmitz.
) COURT DENIES APPLICATION
Langdon said:
The procedure is so well established
in this court that | will not make any
argument about the disposition of a
defendant after conviction of a felony
unless the court desires me to do SO.
Sfhmitz has been Convicted of felony.
The court could have ordered him into
thesfustody of the sheriff at the Begin
ming of the trial. We did not ask that.
He no longer has any presumption of
innocence and we ask that he be or
dered into actual confinement in the
county jail"
Denying the application, the court
said:
THE application is denied. During
my term 1 have consistently denied
such favors to persons convicted of
felopies. The mere fact that this man
happens to. be mayor will not cause
me to change my Course.
Campbell sought to gain by indirec-
tion what he had failed to secure by his
affidavit. He asked the court for an
order permitting Schmitz to go to his
attorneys Office at such times as might
be necessary for consultations touching
the further conduct of his case and the
preparation of his defenses to other
charges.
Judge Dunno promptly denied the