Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-09

MT. Nelson said Judge Dunno,
warmly ~ you interrupt these pro-
ceedings again I viii send YOU 20 Jail.
You would be In far better business If
YOU We're here preparing for a day
IN court TO answer the charge that
YOU willfully and improperly attempt
ed to tamper with a juror in this
case"
Il am ready" responded Metson,
TO answer. now or any other time,
any charge that may be lodged against
me. ! take exception to the remarks
Of the court addressed TO the defend
ant and TO the improper and uncalled-
for insinuation of the court against
myself"
TO this Judge Dunno made no re-
ply but turning TO the mayor, he re-
sumed:
you were elevated TO the position
because OF the confidence and great
trust reposed in you by the mass Of
the people. You~have by your willful
criminal act, so a jury OF your fellow
citizens has declared broken that con-
fidence and betrayed that trust"
Here Schmitz stood up again, pro-
testing against the lecture the court
was imposing. Judge Dunno took no
notice.
Therefore" he continued. "it may
be said that the penalty which the law
permits I'm this case Is insufficient 10
meet the demands Of Justice. II may
be suggested, however, that by your
conviction you will lose the respect
and esteem Of all good citizens and
men, That you will suffer the humil-
iation of knowing that your career of
hypocrisy duplicity and dishonor'--
81 stand here as an American citi-
sf,Ft 4 al sfsr1 iuf
SchmitZ I'm not asking any LEM
iency at the hands of this court ! am
prepared to receive sentence. ! ask
that your honor do your duty and
pronounce il Immediately, and that !
be not subjected 90 humiliation and
degrading remarks which all the pa
pers are copying and viii print. l
say II your honor has any self-respeCt
YOU viii proceed with the sentence"
1T is not unusual was Judge
Dunne's stinging reply FOR courts 10
be brought into contact with such
brazen acts OF effrontery as yours in
the present II Is the duty of the
court In such cases to view the Con-
duct Of 4 convicted feion with pa
tlence and toleration. not to say pity
By your conviction you will lose the
respect and esteem of all good men
and citizens You viii suffer the hui
initiation of knowing, ! say, that your
career of hypocrisy duplicity and dis
honor has beeus exposed and that you
stand before those who believed In
and hOnOred YOU, morally naked,
shamed and disgraced
Il deny that cried Schmitz. THE
people of san Francisco know how
was railroaded through"
Judge Dame resumed: Morally
naked, shamed and disgraced II Is In
the knowledge OF these things rather
than IN any mere term Of imprson-
mcnt i'm state penitentiary, that the
fun measure Of your punishment be
found.
~ Is the judgment of this court that
YOU be confined In the state prison a
san Quentin FOR a term OF five years
Then. as If in direct and contempt
uous reply to the prisoners denial Of
a mom0il; before the big crowd turn
ed loose IFS feelings In "a cheer that
ratified the windows and drowned the
sharp rapping of the balliff for order
Immediately after resuming his seat
it the counsel table, Schmitz distated
the following statement 10 the Asso-
'iated Press
"The court wherein / received my
sentence for the charge OF eNtortion /
han anything else that il has hereto /
fore done, charge made upon my |
return from the east that /
Judge Dunno was prejudiced against /
ne and that IL was impossible TO se- |
'ure i'm his court fair trial The |
inlmps that hc has treasured In his |
lcart for some time came clearly and |
positively 10 the surface this morning. |
/ have never asked for leniency but !
have expected. as every American |
'itizen has the right To expect, JUS
Ice. ! ask the people 10 Withhold |
heir final judgment in this matter |
intil The iniquitous proceedings which |
laye been held I'm Judge punne's |
.ourt since the beginning Of my trial |
hall be brought before tne highest |
curt.
Il have never asked for mercy. and |
before a court where ala not receive
fair trial / certainly did not expect |
T. / intend not only % fight this
.ase step by step; but AN the charges
hat have been brought against me,
md with the knowledge iu my own
Conscience Of my entire innocence, | |
xpcct to be successful in the contest
81 now repeat what I have stated /
lready. that / viii be q candidate FOR
mayor Of the city and county uf san
francisco tnis fall. when the people OF
Iln Francisco will have an oppor-
unity by their votes of dcmouStratiug
whether they believe me guilty or in
.ocent The people are aIl right ! 4
m satisfied to leave my case with
hem q
Judge Dunno continued for one
,eek the four eXtortlpu cases on
which Mayor Schmitz has not yet
,eon tried
Immediately after The passage of
cntcuce. Attorney FairslI asked that
chmitz be admitted tp bail pending
% appeal This application viii be
card formally az 90 O'Clock tomor-
pw morning Bills OF exceptions
zero ahcn filed and Judge Dunno n
rantpd certificate OF probable
ause enabling Schmitz to carry TO
hc district court of appeals his mo-
lon f0r "a NV trial
District Attorney Langdon was ask
q if hu desired to mako amy state
icnf He replied. $50. The facts
peak for thcmsclNcs ANY statement l,
bat the prosecution could make at
Dos time would DC am anti-climaN"
Mr Langdon said the prosecution
.ould be- prepared little Iafcr 90 an
ounce whether or not th, other fuur
Xtortiou cases against SchmItz are tn
c prosecuted III Is unuficially un- {
ersfopd that they we're tu be- dis s
Missed now. that sentence has been
rouounccd upon the first conviction. =
RIAL OF louis GLASS
FOR BRIBERY COMMENCES