The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-14
Mayor of San Francisco Is Con-
victed of ExtOrtiOn.
The Jury Was Unanimous on
the First Formal Ballot.
VERDICT is APPROVED
Cries of ''GoOd' Heard All Over
the Court Room.
Spreckels Overcome by the Re-
suit of His Efforts.


Eugene E. Schmitz, convicted last
ton, asked Judge Dunno today to re-
lease him on bail until sentence is pro-
nounced Thursday. June 27.
Formal application for bail was
made by Schmitz's attorney, Mr..
Campbell. Judge Dunno denied the
application and directed that Schmitz
be taken to jail.
San Francisco, June IA jury of
II of his peers has declared Mayor
of extorting money from the French
restauarants before the earthquake as
charged against him by the oliver
grand jury.
The jury was out just one hour and
35 minutes. They elected Charles E.
Capp foreman and at once proceeded
to informal ballot, which was cast
verbally and stood eleven for convic-
ton, one for acquittaL Juror Burns
a shoemaker, cast the dissenting vote.
Then the IL men began a discussion
of the evidence which lasted for nearly
an hour. At the end of that time the
written ballot and was unanimous for
conviction.
The jurymen issued this statement
to the Associated Press Immediately
after their dismissal by the court.
Following the announcement of the
verdict the silence was broken in a
hundred places at once. like wave
draining from the rocks. A long
Then Good" cried a voice in far
corner. And "Good! Good" echoed
another spectator farther front. Ru-
dolph Spreckels whose wealth made
possible the whole bribe graft prose-
cution, was walking swiftly down the
right aisle as the sentence fell from
the foreman's lips. He sank into a
nearby seat as though arrested by
some sharp command.
All over the house people were
jumping up now, ard some of them
turned to the strangers at their ell
bows and thrust out their hands in the
enthusiasm for a lons-Iooked for mo-
ment. and said: Shake
the clerk, '-listen toA this verdict as
recorded: we. the jury in the above
entitled case, find the defendant.
Eugene e. Schmftz, guilty as charged
in the Indictment Is that your ver-
dict, so say you one, so say you all?"
so say we ALL" answered back the
twelve, their voices jumbling and jar
ring on the Silence.
Mr.. Metson, of counsel for the de-
fense, spoke:
1--WE ask that the jury be polled,"
he said.
And so, one by one. the names of
the twelve were called, and each was
asked: ''Is that your verdict?" each
1t is.
1.-The judgment of the court will be
pronounced on Wednesday, June 27,"
said Judge Dunno.
Will Still Be Mayor
San Francisco, Cal, June 14.-Accord- |
ing to a statement made today by Act
ing District Attorney Heney, Eugene |
Schmitz being convicted becomes mayor |
in name only. Though unable to per-
form the duties of his office under the |
law of California, Schmitz still retains |
the office.
few years ago a law was placed |
upon the statute books of the state that |
a convicted person could not be ousted |
from office until such conviction had |
been upheld by a higher court. AS |
cases move slowly on appeal it is con- |
sidered likely that the higher court |
would not pass upon this matter until |
after the mayors term of office has ez-
pired. Under the charter. however, |
Schmitz by reason of his confinement In |
prison. should he be sent there, would |
be unable to perform the duties of his |
office Under the circumstances the |
have no power to oust him, |
but must select some one of their num-
Der to act as mayor during Schmitz's |
disability.
AS chairman of the finance committee |
IF the board Gallagher would become
acting mayor leaving the government |
practically in the hands of the prose-
cutors, who while they may not be en-
powered to install new officials may
succeed in effecting extensive reforms
n the civil government.