The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-06-14

San Francisco, June IA jury Of
10 of his peers has declared Mayor
Eugene e. Schmitz guilty OF the crime
Of extortion, charged against him by
the Oliver grand jury.
The jury was out just one hour and
35 minutes. They elected Chas. II.
Capp foreman and at once proceeded
to AN informal ballot. This was cast
verbally and stood II for. conviction
and one for acquittal. Juror Burns,
a shoemaker, cast The dissenting vote.
Then the - men began a discussion
Of the evidence which lasted for near
ly an hour. At the end OF that tirne
the first formal ballot was cast. 1t
was a written ballot and was unani-
nous for conviction The 1urymen is-
sued this statement to the Associated
Press Immediately after their dtsmis-
sal " the court:
I'm justice to Juror Burns, it
should be explained that he did not
vote for acquittal because ne was dis
satisfied with the evidence or believed
their was any doubt about the defend
ants guilt Two forms Of verdict
were given to the jury, and the consec-
utive reading of these momentarily
confused Mr.. Burns. AS soon as he
understood the matter, he cast the
vote with the other II and the verdict
was accomplished
Mr. Burns approved this statement
On the wings of rumor spread the
report: "The jury has reached a
verdict" and even before Judge Dunno
reached the synagogue, hurried thither
by an automobile, nearly a thousand
men had gathered in Bush street and
were clamoring at the doors to be let
In. They were kept out until the II
men had been brought in ana seated
AS Judge Dunne entered his cham
bers by rear way, the crowd surgeu
into the building from the front.
Then there was another wait Of five
minutes. The mayor had not arrived
He came putting up presently in his
red touring car. He pressed down
the aisle and quietly took his seat
Clerk McManus stepped to the door OF
the chambers and announced. "Al
ready for you, judge Judge Dunno
took the bench.
LET the jury be polled," he said
quietly.
.'Poll the jury" repeated Bailiff
Moore to the clerk, and that official
to1led off the names Of the Il men.
"All present, your honor" he re
piled. Then turning and addressing
them, Gentlemen Of the Jury, have
you agreed on a verdict?" ne said.
Foreman Capp rose very slowly in
his seat at the far end of the loves
tier.
s.We have" he said solemnly.
"What is your verdict. is the defend
ant guilty or not guilty?"
Foreman Capp said very slowly, and
very low: Guilty"
The silence was broken in a hundred
places at once like q wave draining
from the rocks. A long drawn "Ah'
ran through the crowd. Then, Good.
cried a voice in a far corner, ant
good, good" echoed another specta
tor lurther front.
Rudolph Spreckles, whose wealth
made possible the whole bribe graf
prosecution, was walking swiftly dowl
the right aisle as the sentence fel
from the foreman's lips. He sank int
a near seat as though arrested b!
some sharp command.
All over the house hands wer'
thrust out for minute and men said
s'shake."
Gentlemen OF the jury" droned th'
clerk, "listen to the verdict as record
ed: We, OF the Jury In the abov'
case, find the defendant, Eugene Z
schmitz, guilty as charged in the in
dictment,' is that your verdict, SO sa,
you one, so say you a1l?'
ESQ say we ALL" answered back tn
10 mem, their voices jumbltng AM
jarring ON the silence.
Mr.. Metson Of counsel for the de
-