Heppner gazette. [volume] (Heppner, Morrow County, Or.) 1892-1912, 1908-01-16
VERDICT DECLARED VOID.
Court of Appeals Reverses Decision
In Schmiiz Case.

Court of Appeals Reverses Decision
In Schmitz Case.
San Francisco, Jan. 10.-"The judg.
ment and order are reversed and the
trial court is directed to sustain the de-
murrer to the indictment and discharge
the defendant as to such indictment. +"
This was the decision handed down
yesterday by the District Court of Ap-
peals reversing the judgment Of the
trial court in the case of ex-Mayor
Schmitz, sentenced to five years in San
Quentin Oh the charge of extortion
based upon the alleged "holding up"
of the French restaurants in the matter
Of liquor licenses and setting aside the
indictment on which his conviction was
had.
The trial was made notable by the
appearance of Abraham Ruef, the po-
litical dictator who controlled the
municipal administration, and practi-
cally placed Schmitz in Office, as
witness against the mayor, testifying
that he had paid to schmitz $4,000 Of
the IS, 200 received by Raef from the
French restaurants, in order that
Schmitz would permit the board of
police commissioners to issue liquor IL
censes to them. Ruef had, previous
to this, dramatically pleaded guilty to
the same charge, at the same time
making the enigmatical statement that
he was innocent.
On the ground that the indictment
did not chow that public offense was
committed, because it did not allege
any threat to injure property, the court
holding that liquor license was not
property, but mere permission; that
threat to prevent the obtaining of
liquor license by one who had no au-
thority in the premises did not consti-
tute threat against property, and be-
cause OF numerous errors in the ruling
Of the trial judge-Superor Judge
Frank H. Dunne-the Appellate court
held that the indictment was invalid
and the conviction null and void. In
effect, the court held that Schmitz was
not given fair and impartial trial.
While the decision was not wholly
a surprise, even to the prosecution, and
had been freely predicted by Schmitz'e
friends Tor some time, it did not fail to
cause something of sensation and was
the sole topic OF conversation yesterday.
The decision will have the effect Of
invalidating the other four indictments
charging Schmitz as we'll as Ruef with
and renders void the plea of
guilty made by Ruef, rs the Appellate
court held that no crime was commit |
ted.
BY this reversal it is feared that the
has lost its hold upon Ruef, |
and it was freely predicted last night |
that the former political boss would |
now refuse all overtures of immunity,
wholly or in part, to testify in the
bribery-graft cases, and fight every in
dictment against him.
Although the court ordered Schmitz
discharged from custody on the extor-
tion indictments, neither Schmitz nor
Ruef can take advantage of the reversal
for so days, and even then there is
little likelihood that either of them
will be able to get the enormous bail
required for their release. There are
still pending against Ruef 1873 indict-
ments charging bribery, on which the
total bail is $l,170,000, and Schmitz
would have to get bonds for $450,0O0
On the indictments that remain against
him. The prosecution has 20 days in
which to ask the Appellate conrt for
of the appeal. and the court
has 10 days in which to decide the mo-
ion. The appeal would then 60 to the
Supreme court, where the same length
If time would be required before the
decision Of yesterday can 60 into effect.