The Montgomery advertiser., 1907-07-09
Mayor Is Given Five
 Years. HAS HOT COLL0QUY WITH
 THE PRESIDING JUSTICE Crowd Cheers Tumultuously When Verdict is Announced. Dunne Says Career of Hypocrisy, Dupiicity, And Dishonor Has Been Exposed And Executive Stands
 Morally Naked And Dis v

San Francisco. July S-Mayor Eugene E. Schmitz, convicted of extortion was today sentenced to five years in the penitentiary When the sentence was pronounced there was a remark- able outburst of applause from tho hundreds of persons who crowded Judge Dunne's court room.
 But only a few of the hundred of the apparently delighted men obeyed the sharp order of Judge Dunne for silence. Some of them were hustled unceremoniously out into the railways. About one hundred others kept their vantage places around the counsel table where Schmitz sat dictating a state- ment to the newspaper men.
 The dramatic atmosphere waa heightened by a staff of newspaper photographers who exploded fiashlight after fiashlight until the court room was so filled with smoke that 1t becama stifling. The sentence of the con-t victed mayor was in one respect with- out a parallel in the criminal annals of San Francisco. Half a dozen times Judge Dunne was interrupted by Schmitz. who protested in strong worda against ''the delivery of lecture" in- stead of the procurement of tudE. ment. He accused the court of un- necessary humiiating him and giving opportunity for further humiliation in thc expressing or HIS TGfnATkS Tn I09 press. Once replying to the prisonea Judge Dunne said:
 Such brazen effrontery was proh- ably no more than should be expected and 1t was the duty of the court to bear 1t in patience"
 At another time Attorney Metson oe the defence interposed a vigorous ob- lection in support of his client, ''to the courts lecture
 Judge Dunne's reply was that Me. Metson instead of interrupting the pro- ceedings ought to be given a day in court to answer the charge that he had attempted to tamper with the jury which convicted Schmitz.
 Mir. Metson. restraining himself caiun- ". answering in the same spirit, saiN ne was ready to answer to any charge that was made against Linn
 Metsom la Warned.
 Judge Dunne warned Nelson that another interruption would provoke jail sentence for contempt. When Judge Dunne, having disposed of some matters preliminary to the trial of other bribery graft cases, called from the calendar the people vs. Eugene E. Schmitz" District Attorney Langdon and Attorney Fairall answered in uni- son. ready"
 Judge Dunno inquired of Mr. LanR- don whether 1t was his present in- NOHAhASh tO PAOSteu WItn Ine tTlAl or the other Tour extortion cases against Schmitz
 The district attorney replied that there were so many other graft cases on the calendar that he was unable to say at this time whether the four extortion cases would be pressed or not. put" he concluded. the prose- cution has no objection to the passinav or sentence at this time.'
 Under ordinary circumstances' said Judge Dunne where defendant has neen Indicted on a number of accusa- tions and only one of them has been tried, the others remain open for trial.
 tnink 1t would be very poor prac- to pronounce judgment upon the first conviction. But, if the district at- torney has. IS he says. no objection to the imposition of judgment at thim time. l shall. of course. pass sentence.
 Eugene Schmitz. stand up."
 Eueene K. Schmltz." said Judge Dunne, after reciting the facts of this triaI. Have you any cause to show why judgment should not be passed.
 We have" replied Attorney FairalH and he arose to move for 4 new trial. the mayor sitting down.
 Grounds for New Trial.
 MT. Fairall read briefly six grounds on which a new trial should be grant, ed. The motion was promptly denied
 
 piled after word of inquiry that in the eyes of the prosecution the grounds urged were wholly insufficient.
 The court does not deem that there Is any merit in the motion. therefore 1t is denied" said Judge Dunne
 Mir. Fairall excepted to the ruling and moved for an arrest of Judgment was also denied.
 The court then asked if the defense had any other cause to show.
 No other" was the reply.
 Judge Dunns, turning to Schmitx. who had again risen said:
 Tn pronOuncing judgment in this case. the court has but very little com ment to make. It can be said that the verdict of the jury in this case has a deeper significance than ordinarily attaches to the finding of guilty.
 Tt is a message to all the people ia the city of San Francisco that law and order are supreme. that no man, however exalted his station or now strong the political. social and finan- above the law. Eugene E. Schmitz. you have heretofore occupied the high est office which the city of San Fran cisco can confer on one of it's citizens. You were elevated to that position of the confidence and trust reposed in you by the mass of the -
 q am here." interrupted Schmitz, to received sentence at your hands--and not to be humiliated by lecture which the newspapers can repeat in print"
 You were elevated to that position. I say. because of the confidence and trust reposed in you
 Attorney Nelson interposed; We are here to take sentence: not to be lectured-"
 Jail for Lawyer
 "Mr. Metsbn." said Judge Dunna If you interrupt these pro- again I will send you to jail. You would be in far better business if you were here begging for 6 day in cnmrk fn nnau,ar fhn chnrra AhaA rrrir