The San Francisco call., 1907-06-21
Schmitz Fears
Consequences Of
His DiSobedience
Makes No Attempt to
Leave His Cell in
County Jail

Frightened into meekness by the
realization that he oyerstepped the
bounds when he took advantage of the
leniency shown him by the court
Wednesday and that another request
to leave the county Jail to visit his
attorneys might result in his being
placed in the custody of an elisor,
Mayor Schmitz made no effort yester-
day to get outside the walls of the
county jail, but spent a gloomy day in
the small quarters allotted to him.
Early in the morning Attorney Frank
Drew of Schmtz' legal staff was on
hand at Judge Lawlor's court to eN-
plain why Schmitz had been instructed
by his attorneys to go to this home
Wednesday in the face of the courts
positive orders to the contrary and to
apologize in behalf of the mayor and
his attorneys. Judge Lawlor listened to
Drew's explanations outside the court
room and said he would take no action
in the matter unless it was officially
brought to his notice.
When the application for leave for
Schmitz to visit his attorneys was filed
Wednesday morning it was presented in
the same terms which were used. by.
the court in the orders promulgated
on Monday and Tuesday. 1t simply in
structed the sheriff to take Schmitz
from the jail for the purpose of con-
sulting with his counsel and no men
ton was made of the hours during
which he might be absent from the jail,
nor was a direct prohibition placed in
the order of his being taken else
where.
Shielding their act behind what they
claimed was a misunderstanding of
the courts intention, Schmitz' attor-
neys advised him to visit his home If
he desired and the deputy sheriff in
charge of tue prisoner consented will
ingly to allow the visit SchmitZ con-
sequently went TO his home in the
city's automebile and spent two hours
there during the middle of the day
When his attorneys learned yesterday
that the visit had been discovered they
lost no time in attempting to explain it.
Drew Informed Judge LawIor that it
had been. the Intention of the attorneys
that SchmitZ should be allowed to visit
his home to secure some fresh clothing
and other necessaries and that they had
understood the order to include 4sucff
permission. He declared that. there had
been no desire on the part of the ~prfs.
oner or any of his attorneys to show
contempt for the court, although when
similar order was signed by Judge
Lawlor Monday he made it plain that
Schmitz should visit only the office of
his attorneys and should not transact
any personal or public business.
Sheriff O'Neil's responsibility for the
act of his deputy who allowed such an
act to be committed in direct violation
of the spirit, if not of the letter, of the
courts order. has placed an additional
card in the hands of the prosecution,
should it be desired to disqualffy. O,Nei1
and put an elisor in charge of Schmitz.
There have already been several sug-
gestions that such q course be under
taken and the overt display of leniency
and friendliness on the part of
Schmitz' custodians Wednesday has
given definite grounds for a demand
for the sheriff's disqualification.
Schmitz' attorneys realized this yes
terday and the result was that they
feared to open the way for action by
making another request for Schmitz
release. Drew was sent to patch mat
ters up and Schmitz was notified to
keep quiet or he might be transferred
from the custody of his friend Sheriff
O'Neil, into the keeping of man who
would not feel bound to show him the
same degree of consideration that he is
now accorded.
District Attorney Langdon, while not
admitting that request would be
y
he expected to be notified in case am
other request for Schmitz' release was
made, and that he will appear in court
to make his own position plain to the
opposing attorneys.
The district attorneys office does
not want to act arbitrarily toward
Schmitz," he said. I'VE have made no
objection to his being allowed to visit
his attorneys at their office for the ptir-
pose of discussing his case with them
but We have objected strenuously to his
being given his liberty at any time for
any other purpose. To allow Schmitz
to leave the Jail at all is according him
a courtesy that is not generally shown
to prisoner and, of course, we do not
intend to allow him to take advantage
of 1t. Schmitz is just plain Eugene E.
Schmitz He is convicted and he must
be treated as any other convicted man
would be. We do not want to be harsh
in the matter but we will not stand
for any evasion of the custody that
should be kept over him"
!