The Washington herald., 1907-06-14

san Francisco. June I3-The jury
IN the case Of Mayor Schmitz after be-
ing out two and a half hours. returned
a verdict Of guilty and were discharged
The verdict was a surprise. as most peo-
pie believed they would disagree because
Of the forced character of Reufs testi-
mony.
Mayor Schmitz was charged witb eX-
tortion in holding up French restaurant
keepers. The case was given 20 the jury
late this afternoon, after an entire day
Of argument and the judges charge.
Joseph c. Campbell. senior counsel for
the defense, made strong speech for the
mayor, pointing out that Schmitz had
not been involved directly in the alleged
conspiracy. and that much of the eyi-
dence against him was furnished by
former Police Commissioner Regan, who
was bitter against the mayor, and de-
sired revenge because the mayor Ousted
him from the police commission and
broke up a lucrative insurance business.
that failed as soon as his political pull
was gone Campbell then scored Ruef
as the witness who had declared he was
innocent Of charges brought against him.
and then in the next breath had given
testimony showing the mayor was guilty.
Prosecutor Heney followed in a fiery
speech of over two hours. I'm which he re-
viewed at length the conspiracy Of graft.
and developed in detail the French res
taurant blaCkmail case, which, he de
clared. was only typical of others from
which Ruef and Schmitz had drawn rev.
enue He dwelt on Ruefs testimony,
whlch,the defense. he said, could not inn
peach He made an eloquent appeal 10
the jury to prove by conviction of the
mayor that San Francisco repudiated this
graft. Of which Schmitz was one Of the
main benefciarles.
Judges Charge Impartial.
Judge Dunno followed with elaborate in
structions, in which he carefully laid
down what had been proved. and what
had not been demonstrated He was fair
10 both sides. but his charge was a bitter
disappointment to Heney, who expected to
have the judge instruct the jury TO con-
vict
The conviction of Mayor Schmitz viii
mean the speedy filing Of the mayors
chair by a strong. honest and capable
man Schmitz viii no doubt first try 20
get a new trial, but Judge Dunno viii
deny this motion promptly. Then Schmitz
will appeal to the Supreme Court on
errors. but the Supreme Court recently
has made very quick decisions on such
appeals In fact. within two weeks
Schmitz viii probably be sentenced and
removed 90 San Quentin.
The judge viii probably give Schmitz
the maximum sentence. which is FIVE
years i'm State prison. The moment
Schmitzs appeal is denied by the su-
preme Court he ceases 10 be mayor. The
charter then provides that Chairman
Gallagher. of the finance committee. be-
comes acting mayor II then devolyes on
the supervisors TO elect a mayor.
Supervisors Under Hency.
As these supervisors hold office only at
the pleasure Of Assistant District Attor-
ney Henev. who may at any time prose
cute them for accepting bribes. they VIII
vote exactly as Heney and Rudolph
Spreckels desire.
The man who is most competent 20 nh
the mayors chair is former Mayor James
D. Phel8n. who is now in New York
Phelan was elected TO the mayoralty three
times. and he filled the Office with credit.
Phelan is a close personal friend Of Ru-
dolph Srreckels, and though he has de-
Clared that he could not accept the office
at this time, it is pretty certain if It were
offered he could be induced 10 take up the
work Certainly under his charge. the re-
hahilitation Of the city would be stimu-
lated and the credit of the municipality
would be restored rapidly
Mayor Schmtz, until recently. had
many influential friends, but Ruefs con-
fession cost him most Of these, for this
confession was so complete that it left no
doubts Of the mayors guilt
The jury discussed the case for about
one hour and then took a ballot. which
resulted IN the unanimous vote Of guilty /
One of the jurors said that even If Ruef
had not gone on the stand. the Jurors
would have voted for conviction.
Eugene A. Schmitz the fiddler mayor |
Of san Francisco" who was elected first |
in 1901. occupies a unique distinction in |
the municipal history Of that city. He is |
the first labor union mayor that san |
Francisco ever had. He IS the first mayor |
Of San Francisco ever indicted for NAL |
feasance in office.
The career of Schmitz has been a spec !
tacular one. II has had i'm it elements Of |
the bizarre sufficient to raise him from
purely local fame. He made good" I'm 1
the DAYS Of the great earthquake and |
fire and there are stll men left IN the /
California metropolis who hope that /
Schmitz will manage somehow. some way /
20 clear himself from the terrible stain
cast on his record II was hard for them |
20 believe that a man who proved him /
self unselfsh and hig-hearted i'm time Of |
calamity and disaster could work in the /
dark and be guilty of actual theft
He was born I'm san Francisco of Ger |
man parents His father had come across |
the plains i'm the early DAYS 10 make a /
fortune. but he did not find it. Gene |
Schmitz as he is known, decided 20 be /
come a doctor. but IN health forced him |
70 give UP that ambition. He followed a /
bent for music. He was first violin and
leader Of the Columbia Theater Orches- /
ira when the campaign Of 1901 came /
Continued on Page 5, Column Z.
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rud Ohio ROad