The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-07-06
JUDGE DECIDES
SCHMI7z MUST
RE MAIN IN CELL
Only His Fiddle Left to
Comfort Convicted
Official
TRIPS PROHIBITED
Attorneys Plead in Vain to
Attorneys Plead in Vain to
Secure Long Leaves
for Client
DUNNE STANDS FIRM
Former Mayor Plays Violin
to While Away the
Time in Jail

Little to alleviate the pain of
disgrace is now left Eugene E.
Schmitz except his faithful fiddle,
Judge Dunno having ordered yes
terday that the former mayor be
allowed no privileges not ac-
corded less notorious convicts.
and prohibiting him from spend
ing the lunch hour with his fam
lily. The court ruled that Schnitz
would be allowed but two hours yes
terday in which to confer with his at
torneys, but later increased the time
so minutes after Frank C. Drew.
schmitz attorneys had made a strenu-
Gus pies for more extended leave.
Judge Dunno intimated that schmitz'
lawyers should visit him in jail
Drew came into court for the. sole
purpose of securing permission for
Schnitz to leave the jail On Monday
sentence will probably be passed on the
convicted official and the attorneys con-
tend that Schmitz presence is neces-
sary to the preparation of the extended
appeal, which is to be fled in the ap-
pellate court as soon as sentence is
passed.
Schmitz, who once earned his bread
honestly by his fiddle, has now fanen
back on his instrument to secure peace
Of mind. At the county Jail he sits for
hours in his cell playing by-gone airs
and singing to the music of the strings.
The guards and fellow prisoners listen
sadly to the plaintiff notes of the violin.
Now that Judge Dunno has reduced the
leaves of absence which Schmitz has
been enjoying. he must rely solely up
on the fiddle and the bow to drive dull
care away"
While Schmitz was in his cell court
ing music yesterday morning Drew was
before Judge Dunno.
If your honor please" said the at
Schmitz we wish to obtain an order
permitting the defendant to visit the
offices of his attorney this afternoon.
as we have matter of great import
ance coming up on Monday
Il have no objection to the defendant
visiting his attorney" replied Dunne
but / do object to his going to his
home for luncheon"
That matter has been taken up with
Judge Lawlor during his absence"
Drew explained. There Is no county
jail close enough to the city to send
the defendant there for meals and as a
matter of convenience he has been in
the habit of going home to luncheon.
It would take two or three hours to
send him back to the county jail for
his repast-"
Permission to visit his home will be
denied" ruled Judge Dunno shortly.
but an order will be made permitting
him to visit the Offices of his attorneys
for two hours. When that period has
elapsed he must go back to the JAIL,
Wont your honor give us little
more timer pleaded Drew 1T win be
impossible for US to finish the business
in that period. We don't want to go
out to the county jail for these confer
ences."
why not?" demanded the court.
Attorneys for all other prisoners go
out there"
The force of this Query caused Drew
to flush He lodged the issue and tried
counter. Il want to call your honor's
attention to the fact that the codefend-
ant in this case. who is presumed to
be in the custody of an elisor. is al
lowed to go about as he pleaseso
Judge Dunno was exasperated by
Drew's evasion and responded hotly:
Il don't know that this is true. but II
it is true there never can be any OBJ
lection to prisoner transacting his
legitimate business"
Il have been informed that such is
the fact" declared Drew in mflder
tones
We'll. I don't see that this has any
bearing on the case. 1 think it would