Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-20
MAYOR SCHM|TZ
APPEARS FOR TRIAL
When the Cases Against Him
Were Called, His Counsel
Answered Ready"
HEARING DELAYED ONE DAY.
Prosecution Desired 10 Prepare Coun-
tcr-Anidavits Against Defendants
Motion for Change of Judge,

San Francisco. May 20.-Mnyor Eu-
gene SChmita appealed for trial at 10
O'Clock this morning In Judge DUNES
department of the supreme court on five
grand jury charges OF cxtortlug money
from local keepers oc French restau-
rants. By request of the prosecution,
the hearing was delayed one day in or
der that counter affidavits may be pre-
pared against Schmitzs motion for a
change OF trial judge, Asst. Dist. Atty.
Ileey created surprise by announcing
that tn" state has no present intention
OF asking the court 10 take the mayor
into custody pending his trial Schmitz
~ al liberty under iive BAN bonds ag-
gregatng $4,000.
At five minutes before 10 O'Clock, the
mayor, accompanied by his counsel,
Campbell, Drew. Barrett ana Fairall,
entered the courtroom and took a seat
between counsel table and the table
reserved for the newspaper men. The
mayor looked pale and glum. Asst. Dist.
Attys. Heney and Harrison. Special
Prosecutor Johnson ana Attys. Cobb
ami Dryer. Rudolph Spreckles. Elisor
I3ighy and Special Agent Burns took
seats near the counsel table. The room
was crowded, even the aisle spaces be-
ing filed.
Befort bringing up the Schmitx hear
ing Judge Dunno continued by consent
for 30 days the case Of perjury against
Chief of Police Oman. and the cases of
conspiracy against Oman and Abra-
ham Reuf. Clerk Mc3Ianus. called the
names of the n tales remaining from
tho last ordinary venire summoned in
the Reuf case. Forty-three of them
We're present.
THE people against Engene Il.
SghrpitZ o0g ri -
announced Judge Dunno.
Defendant Is ready, your honor" re-
Piled Atty. Campbell.
Dist. Atty IanGdon stated that on
Saturday night last the defense had
served on him a notice of a motion for
change of trial Judge. with copies Of
affidavits, in support of the assertion
that Judge Dunno is biased and preju-
diced against Schmitz Mr.. I1ongdon
asked that the case go over until 10
o'clock Tuesday morning 10 give the
prosecution time to prepare counter
affidavits and he asked that the wit
nesses BIO ordered to appear at that
hour.
Mr.. Campbell asked that the district
attorney serve him with copies of the
oOunter-aifidavit during the day. and
this was agreed TO. II shalt nos argue
the motion for a change Of trial
Judge" said Mr. Campbell, we have
no desire to delay the proceedings.
II We have affidaYits traversing the
counter-affidavits we shall merely file
them and rest the decision with the
court"
Mr.. Campbell then asked whether
the names of the II talesmen called
lad been drawn from the regular jury
| box and served by the elisor.
Some OF them, yes" said Judge
Dunno
Mr. Campbell replied that the de-
| Tense would not offer any objection
10 the summonlng of talesmen by the
| elisor as they viewed that as n pure
| ministerial act; "but." he added I'VE
! shall object to any further action by
an elisor IN these proceedings.
IF there is going TO be any discus
sion on that question" said Judge
Dunno I'VE might as we'll thresh T.
| out now"
Asst. Dist Atty. Heney set the de-
| Tense at case by making the follow
ing statement
In view OF the unauthorized state
| ments that have appeared in the local
| press, and on account OF the under
| standing that may have been assumed
| from them by the defense, l desire
! n say at this time that the state mas
no present intention Of asking the
court TO order the defendant into Gus
tody pending his trial.
Adjournment thereupon was taken.
Mayor SchmltZ accompanied by two
| Of his attorneys left the court room
| immediately, elbowing his way
| through the crowds to his automo-
bile, which stood nj the curb on Web
ster street. He was watched, curl
ously. out Of sight.