Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1908-01-17
EGAL-CRIr1INAL

Decision Saves Mayor Schmitz.
The three justices of the district
court of appeals at San Francisco
have set aside the Judgment of the
lower court in the French restaurant
cases in which former Mayor Schmitz
was convicted of extortion. Abe Ruef
also benefits by the courts ruling, for
according to the decision he pleaded
guilty to an act that was no ofense
against the laws of the state. Accord
ing to the judges compelling of French
restaurants to pay big fees to Abe
Ruef was no crime even though Ruef
divided the fees with the mayor. The
court reverses the judgment against
Schmitz on the ground that no acts
constituting crime had been proved
against him. The decision wipes out
the French restaurant cases, and the
pending charges of extortion against
Schmitz and Ruef must be dismissed.
Both are now entitled to release on
bail
Copper Maenate Indicted.
f. Augustus Heinze, widely known
as the Montana copper Spectator who
fought Amalgamated to a finish and
who recently resigned the presidency
of the Mercantile National Bank Of
New YORK after his brothers firm had
started the panic by trying to corner
copper, was indicted by the federal
grand jury at New York for the alleged
generalization of checks In favor of
the firm of Otto Heinze s. Co. just
prior to his retirement. Mr.. HeinZe
had expected this action and was ready
with the $4,000 bail bond to secure his
release. His counsel intimated that
his defense would be that of faulty
bookkeeping. The Otto Heinze checks
which were certified by f. A. Heinze
amounted to 100000. but it was held
that 4. A. Heinze had advanced $780,.
600 to cover them.
Thaw Faces Second Jury.
The second trial of Harry Thaw for
the murder Of Stanford White is well
under way before Judge Bowling at
New York. the jury having been select
ed from a large number of talesmen.
Martin W. Littleton, counsel for the
defense, is to make the plea of insan-
ity at the time of the deed and has
subpoenaed the alienists employed by
| the state in the first trial.
| Standard Must Face Trial.
Judge Hazel in the United States dis
trict court at Buffalo has handed down
a decision overruling the demurrers
fled by the Standard Oil company to
indictments found against 1t by the
grand jury at jamestown, N. Y, last
July, and the company must stand
trial on the indictments, Of which there
are seven, containing over LOO counts.
In Chicago the United States district
| attorney has asked for an increase IN
| the supersedeas bond of the Standard
corporation, which has appealed from
the $29, 100000 fine imposed by Judge
| Lands.
Liability Law Unconstitutional.
The congressional act known as the
employers liability law has been pro
| nounced unconstitutional and invalid
by the supreme court Of the United
l oldteS ny Note VI W +. 4ue SIouAu
Of the decision was that the act EN-.
braced subjects upon which congress
had no power to legislate.
| Anarchy In Tobacco Belt
Russellville, KY, was the scene Of
another raid of the might riders
when the two Independent tobacco
| warehouses Of the city were burned
and other property damaged, the police
first being overpowered to prevent the
giving of an alarm. Three men were
wounded during the attack. The band
was part of the secret organization Of
tobacco growers who are trying to In