Fergus County Democrat

MAYOR SCHMITZ FOUND GUILTY

Grafting Boss of San Francisco Convicted of Using Position to Extort Money.

HE HAS TO GO TO JAIL

Head of City Affairs Locked Up the Same As Any Other Ordinary Offender.

San Francisco, June 13.—A jury of 12 of his peers has declared Mayor Eugene E. Schmitz guilty of the crime of extortion charged against him by the Oliver grand jury. The jury was out just one hour and thirty-five minutes. They elected Charles E. Capp foreman and at once proceeded to an informal ballot. This was cast verbally and stood 11 for conviction and one for acquittal. Juror Burns, a shoemaker, cast the dissenting vote.

Then the 12 men began a discussion of the evidence, which lasted for nearly an hour. At the end of this time the first formal ballot was cast. It was a written ballot and was unanimous for conviction.

The jurymen issued a statement to the Associated Press immediately after their dismissal by the court, saying:

"In justice to Juror Burns, it should be acknowledged that he did not vote for acquittal because he believed there was any doubt of the defendant's guilt. Two forms of verdict were given to the jury and the consecutive reading of these momentarily confused Mr. Burns. As soon as he understood the matter he cast his vote with the other 11 and the verdict was accomplished."

Mr. Burns approved this statement.

On the wings of rumor spread the report, "The jury has reached a verdict," and even before Judge Dunne reached the synagogue, hurried thither by an automobile, nearly 1,000 men had gathered in Bush street and were clamoring at the doors to be let in. They were kept out until the 12 men had been brought in and seated.

As Judge Dunne entered his chambers by a rear way, the crowd surged into the building from the front. Then there was another wait of five minutes. The mayor had not arrived. He came puffing up presently, in his red touring car. He pressed down the aisle and quietly took his seat. Clerk McManus stepped to the door of the chambers and announced:

"All ready for you, judge."

Judge Dunne took the bench at once.

"Let the jury be called," he said quickly.

"Call the jury," repeated Bailiff Moore to the clerk. That official called the names of the 12 men.

"All present your honor," he replied.

Then turning and addressing them:

"Gentlemen of the jury, have you agreed on a verdict?" he said.

Foreman Capp rose very slowly in his seat, at the far end of the lower tier.

"We have," he said solemnly.

"What is your verdict? Is the defendant guilty or not guilty"

Foreman Capp said very slowly and very low, "Guilty."

The silence was broken in 100 places at once. A long-drawn "Ah, ah" ran through the crowd. Then "Good," cried a voice in a far corner, and "Good, good," echoed another spectator, farther in front.

Rudolph Spreckles, whose wealth made possible the whole bribery-graft prosecution, was walking solemnly down the aisle as the sentence fell from the foreman's lips. He sank into a near seat, as though arrested by some sharp command.

"Gentlemen of the jury," droned the clerk, "listen to the verdict as recorded:

'We, the jury in the above-entitled case, find the defendant, Eugene E. Schmitz, guilty as charged in the indictment.' Is that your verdict? So say you one; so say you all?"

"So say we all," answered back the 12 voices, jumbling and jarring on the silence.