Los Angeles herald., 1907-06-05
SCHM|Tz JURY
IS HELD UNDER
LOCK AND KEY.
Sheriff Disqualified
as Guard
Twelfth Man Secured and Trial Will
Now Prooeed-Night Sessions
Are Favored by Judge
Dunno
By Associated Press.

SAN FRANCISCO, June 4.-The jury |
was completed this afternoon for the |
trial of Mayor Eugene e. Schmitz on
the first of the five indictments re-
turned against him by the oliver grand
jury, by which he is accused jointly |
with Abraham Ruef of having extorted |
from Joseph lIalfanti $1175 as the first
installment Of a $4,000 annual bribe to
secure to the French restaurant keep |
ers of San Francisco their licenses to
sell LIQUOR
Judge Dunno, upon motion of the |
prosecution and over the determined
and spirited objections of the defense,
formally disqualified Sheriff Thomas
O'Neil and Coroner William Walsh as
untitled by personal bias to perform
any court functions in connection with
the trial, and appointed William ].
Biggy an elisor to have charge of the
jury until verdict has been rendered
or a disagreement reached.
Shortly after adjournment of court
Mr.. Biggy-who for months past has
been Abe Ruef's jailer-marched the
jury to the st. Francis hotel where
the twelve tried men and true" will
be kept under lock and key during all
the time that they are not seated at
the trial. Judge Dunno has decided
w
pers to read relating to the case, they
may receive no general mail, nor may
they be communicated with by their
families except under the scrutiny of
the elisor.
1t is the desire Of Judge Dunno, now
that the jury has been completed, to
hold night sessions, and tomorrow he
will hear suggestions from counsel as
to this. II want this trial to go for
ward now," said the judge, with as
few Interruptions and as much speed as
justice will permit"
The state hopes to put in all of its
evidence this week. Former Police
Commissioners Hutton, Reagan, Drink
| house, Howell and Poheim will likely
be the first witnesses called.
| At the opening of the session this
afternoon one talesman remaining of
| the Saturday venire, Royal w. Cud-
worth, coal dealer, answered his
| name.
Get Twelfth Juror
Mr. Cudworth was called to the
| twelfth chair for examination. He said
he had formed no opinion of the merits
of the case at bar. He was passed for
ination Mr.. Cudworth said he knew of
no reason why he should not serve as
Juror.
newspapers of San Francisco should
demand and insist upon and clamor
for a verdict of guilty against Mayor
Schmitz, would you allow yourself, If
chosen as juror, to be swayed or in
any degree Influenced thereby?'
The venireman's reply was simply
"no"
"It is the right of this defendant"
said Barrett, guaranteed by the law,
to take the witness stand in his own
behalf or not to take it; If he takes
the latter course it must not be con-
strued as against him. Now, If he
takes the stand will you give to his
testimony just the same evidence as
though he were not the defendant?"
II would
Mr.. Cudworth declared, finally, that
if he were the defendant he would be
willing to be tried by men Of his pres
ent frame of mind.
pass the juror" said Mr.. Barrett.
At 3:27 p. m. Mr.. Cudworth was
sworn as the twelfth Juror and the
Schmitz jury was completed. The jur-
ors are:
L. We'll, department store buyer;
Paul Bancroft, real estate brokers';
Charles H. Gish, contractor; James K.
Feitelberg, furniture dealer; George de
Urioste, commission merchant; John
O'Mara, blacksmith; Theodore DELL
real estate broker; James e. P. Ben
son, pressman; Thomas Elrick, haber-
dasher; Hugh Burns, retired coal mer-
chant; Royal w. Cudworth, coal dealer.
Attorneys WrangIe
Assistant District Attorney Heney
moved an adjournment until tomorrow
morning at 10 o'clock. He called at
tention to the fact that all the wit
nesses had been excused until that
hour and said that the trial would
really be facilitated by an adjourn
ment because the interim would give
the prosecution time for the arrange
ment of certain opening testimony
The defense made no objection.
AS adjournment was about to be
taken, Special Prosecutor Johnson ask
ed whether it was the intention of the
court to keep the jury together dur
ing the trial" BY this he meant "lock
up the jury" To this Judge Dunno
replied: -
"Then,' said Mr.. Johnson, II move
at this time for an order of the court
disqualifying the sheriff and the cor
oner of the city and county of San
Francisco and the appointment of an
elisor to take custody of the jury"
In support of this motion Mr.. john
son offered half a dozen affidavits
lQGnIlCal WlIH llOSO CAAOAOa
some weeks ago at the appointment
of an elisor in the Ruef case.
Mr.. Barrett was on his feet in
stantly with spirited objection to all
of this and the reading OF the affida-
Wits in the presence of the jury. 1--WE
object most positively" he said, ito
the proposal of the state that this jury
be placed under lock and key. The
defendant is willing that these gem
tlemen, sworn to do their duty, should
go at large during"
"This," cried Johnson, springing to
his feet, sis all rot and has no place
in these proceedings. We"
Elegant language from Arizona"
sneered Barrett.
"Elegant language addressed to an
elegant gentleman" retorted john
son.
And while both of the attorneys
tried to talk intelligibly at once,
tCOntinuea on Page Two.l