The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-06-01
COUNSEL GETS
JAIL Sentence
FOR CONTEMPT
SCHMITZ' ATTORNEY FORGETS
COURT MANNERS AND Is
REPRIMANDED.
SENTENCE IS FINALLY REVOKED
Juror Disqualified Because Wife's
Distant Relative Is Connected
With Mayors Family.

SAN FRANCISCO, May 31.-At-
torney Charles III. Fairall, of counsel
for the defense, was twice within a
few minutes sentenced to jail for con
| tempt of court by Superior Judge
Dunno short before the adjourn
men of the Schmitz trial this after
noon. The orders were subsequent
| ly revoked by the court at the re-
quest of the mayors senior counsel,
former Judge j. G. Campbell, Joined
ney. The sensational incident was
the elimination of a long day of bick-
erings by opposing counsel that more
than once had threatened unpleasant
results Eleven jurors had been final
| ly accepted and sworn and the
twelfth had been by both sides ac-
cepted subject to peremptory chal-
lenge, when Mr.. Heney announced
that he desired to further question
juror, who was accepted last We'd
nesday, John O'Mara, blacksmith,
who" said the prosecutor, 1--WE have
just been informed is an employe of
the city,"
O'Mara satisfied the court that
such was not the case, and then He
ney showed that during the noon re-
cess the blacksmith had been shad-
owed and had been seen to stop and
talk with one Ed Dennison on Fill
more street, enter saloon with him,
after which Dennison hurried away
to the office of Herbert SchmitZ,
hPnthnr nf hn ''nViHnntlU I'm
report"
O'Mara first denied that the
Schmitz trial had I5een mentioned be-
tween linn and Dehnison, but later
admitted that the fact of his being a
juror had been remarked, though not
discussed. All of this Mr.. Campbell
entered objections to, to which Heney
heatedly replied that it was for the
purpose of showing an attempt to
tamper with juror. Mr.. Fairall,
supporting the objection, got into a
snarl of words with Assistant District
Attorney Heney, during which he
warned that official to address him
with care.
"Oh, yes" sneered Heney, you're
a fighting man! I'm scared to death
of you
Mr.. Fairall replied in kind, and
Judge Dunno ordered him to be
quiet. Instead of obeying the attor-
ney got to his feet and launched a
reply.
sit down, Mr.. Fairall," command
ed Judge Dunno, ''or | shall send you
to Jail"
Il don't care anything about that"
replied Fairall, waving his arm con
temptuously.
g.,
this, though he spoke quietly, he
stumbled over his words.
Mr.. Fairall, your conduct is bois-
ferrous, offensive, insulting and con-
temptuous. | adjudge you guilty of
contempt of this court, and as pun
ishment therefor it Is ordered that
you be confined in the county Jail in
the city and county of San Francisco
for period of "a hours"
81 thank your honor. think that
it is distinction" retorted Fairall
Mr.. Fairall," said Judge Dunno,
II adjudge you further guilty of con-
temptuous conduct, and 1 adjudge
you guilty of contempt of this court,
and as punishment therefor it is
ordered that you be confined in the
county Jail of this city and county for
a period of As hours"
Juror Bray, one of the eleven
sworn, was the next to draw the af-
terfire of the prosecution, to whom
had been conveyed the information
that he was related by marriage to
the mayor. Bray could not say
whether or not this was fact
Schmitz himself, came to the rescue,
| making this statement:
IF your honor please, the rela-
| tion is this, as | can trace it down
and | would not want to see a relative
of mine sitting on my jury. The re-
lation is that this gentleman's wife
is related by fourth cousinship to a
gentleman who married my wife's
sister-a man by the name of Muir
ply"
Everybody laughed and Judge
| Dunno threatened to clear the court
| room. Bray was excused from the
jury.
Juror Harris was excused peremp-
| torily by the prosecution and Juror
| Arms by the defense. Juror Richard
Curtis. who had been accepted and
sworn, was excused on his own re-
quest. He is an aged man and feared
| his health would break down during
| the trial.
Juror Charles S. Capp satisfied
both sides in his examinations and
was sworn. When court was ad-
| journed, the jury stood in mum bers
| just where it was in the morning,
eight.
Mayor Schmitz will be arraigned
tomorrow on 2S indictments charg-
ing him with bribing IA supervisors
in connection with the Gas Parkside
| trolley deals.
District Attorney Langdon will to-
morrow lay before the grand jury
an array of facts in support of the
allegation that Chief Dinan has used
the police department in an attempt
to tamper with veniremen called for
the completion of the Schmitz jury.
Mr.. Langdon will charge the chief
with misconduct in Office and will
recommend that steps be taken under
the penal code for his removal from
office by suit In the superior court.