Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-09
Convicted Official Scored Un-
mercifuIIy by Judge Dunno
in Passing Sentence Despite
Dogged Protest
CROWDED COURTROOM
APPLAUDS JUDGMENT
Asserting He Has Been Denied
Fair Trial DiSgraced San
Francisco Official Announces
Determination to Fight,
fBy Morning Journal Special Leased wirel

|
| fBy Morning Journal Special Leased Wire.
| san Francisco. July S.-The sem
! fencing of Mayor Eugene r. Schmitz
to five years in san Quentin pcniten-
tiary for extortion, and the COM
meucemeut and partial completion OF
! the selection OF a jury TO try Vice
| President Louis Glass, OF the Pacific
states Telegraph ana Telephone COM
pany on the first of ten charges OF
bribing supervisors were the features
~ today in the bribery and graft
proceedings. The sentencing of
Schmitz was one of the most dramatic
scenes ever Witnessed in a court.
Hats were thrown into the air, arms
were waved and there was such an
unrestrained clatter of applause that
the baillff bounding for order could
not be heard.
In Judge Lawlor's court six of the
twelve jurors to try Vice President
Glass were finally selected and sworn,
after The prosecution had used two
peremptorI challenges and the de-
fense four 70 the former three ar
bitrary challenges remain and TO the
latter six.
In all eighteen veniremen were eN-
amined during the day Twelve Of
these qualified as To causes.
When Judge Dunno, having dis
posed Of some matters prcl minary to
the trial of other bribery-vraft eases,
called from the calendar THE peo-
pie VS. Eugene H. Schmitz," District
Attorney Langdon and Attorney Fair
all answered in unison, Ready"
Judge Dunno inquired ot Mr. Lang
don whether 1t was his present inten-
tion to proceed with the trial of the
other four eXtortinn cases against
Schmitz. The district attorney replied
that there were SO many other graft
cases on the calendar that he was un-
able to say at this time whether The
four eXtOrtion cases would be pressed
or not "hut," he concluded. "the pros
ecution has no objection 60 the pass
ing of sentence at this time
Under ordinary circumstances,
said Judge Dunno, where a defend
ant has been indicted on "a number of
accusations and only one of them has
been tried, the others remaining open
for trial, | think 1t would not he very
practicable 90 pronounce Judgment
upon the first conviction. But ii the
district attorney has, as he says. no
obiection-to the imposing Of Judgment
at this time, l shall. Of course. pass
sentence. Eugene T.. Schmitz, stand
uo."
The large black-bearded prisoner
arose at the couusp table His face
was the color of ivory. His lips were
pressed tightly together lie bent his
eyes in piercing glance ON the
judge, and never once during the
dramatic moment that followed did he
drop them. His shoulders We're
thrown we'll back and hc held his
head high
Eugene +. Schuitz." said Judge
Dunno. after reciting The facts Of his
trial and conviction. have you amy
cause to show why Judgment should
not be passed."
we have" responded Attorney
Fairal, and as ne arose ,to move for
a new trial the mayor sat down.
AIR. Fairall read briefly the six
grounds upon which new trial
should be granted The motion was
promptly denied. after District Attor-
ney Langdon had replied. after word
of inquiry from the court that in the
eyes of the prosecution the grounds
urged We're wholly Insufficient "lhe
court does not deem that there is any
merit iu the motion. therefore 10 is
denied" said Judge Dunno.
Mr. Fairall excepted To the ruling
and moved for an arrest Of Judgment
enumerating the grounds. This mo-
ton was also denied.
The court then asked lf The defense
had any other cause 10 show.
No other" was the reply.
Judge Dunno, turning % Schmitz
who had again risen. said. I'm pro-
nounciug Judgment in this case, the /
court has but very little comment 90
make. 1t can be said that the ver-
dict Of the jury in This case has "a
deeper significance than ordinarily TO
the finding Of guilt II Is message
20 an the people in sEe city 81 san
Francisco thai law and order arc sue
preme hat no m~-i however exalted [
his station or how strong and pow
arful the political social and financial
influences which surround him. IS
aboye the law. Eugene y. Schmitz
YOU have heretofore occupied the
highest office which The city of san
Francisco can confer oh one ~ its.i
citizens You We're elevated 90 that /
position because of the confidence and 4
trust reposed iu you by the mass of /
the
Il am here" interrupted Schmitz. /
n voice. though quiet and controll- /
cd. which carried to The far corners I
of the room ITO receive sentence at I
your hands-and not io be humtIatcd ]
1y a lecture. which the newspapers .
eau repeat in print"
AZ this there was I buzz ri excite I
ment and a shiffirr 70 feet on the /
bare floor. and an eager press for /
ward bv the crowd that was separated I
from the counsel tables - row of /
occupied chairs Beyond uausing. ]
Judge Dunno paid no attention 20 the /
~You were elevated to Q