OCR Text |
Show SCHMITZ WILL SOON" REGAIN HIS LIBERTY SAX I'RAXGISCO. March 10. Eugene E. Schmitz. former Mayor of San Francisco, Fran-cisco, who has been confined in the coun-tv coun-tv .1all the past nine months pending a final decision In his case by Hie State Supreme court, will, unless some unfor- ! soon evont oenrs, bo set at liberty tomorrow, tomor-row, but still under bonds to answer charges of bribery In connection with public survlee corporation?. ScliniU. was tried and convicted on the charge of extorting money from French restaurant keepers by the throat to compel com-pel the board of commissioners to withhold with-hold their lltpior licenses. i Judge Frank IT. Dunne this afternoon 1 presided in hln department of the Superior Supe-rior court lon?r enough to make an order allowing tho demurrer to the Indictment and dismissing Schmllz from custody on the indictment on which ho was cuiivloted. In pursuance ' of the remittitur of tho Court of Appeals and mislnlned by the decision or the Supreme eourt yesterday, directing the trial court lo take tills nr-tion nr-tion on the ground that the charge as contained In the indletmont did not rou-stitnte rou-stitnte n crime because It did not aver that "an unlawful injury" was threatened threat-ened by the Mayor. Judge Punne, however, being of the pinion that the objection on which the demurrer was allowed, may be avoided in n. now tiidiium-nit. directed thnl the ; rsiso acaiusL the former .Mayor be sub- 1 milled 10 another grand Jury. |