Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-07-08
MAYOR SCHM|Tz GIVEN
FIVE YEARS IN
THE PEN
Judge Dunno Today Passed
Sentence Upon Extor-
ZIONIST In San
Francisco.
CROWDS IN COURT
APPLAUD LOUDLY
Still Executive of San Francisco.
Despite Fact That he Has Been
Convicted Attorneys An
nounCe That They Will
Take Appeal.

Eugene L. Schmitz, OF San Francisco,
was today sentenced by Judge Dunno
to serve a term of five years in the
penitentiary for the crime OF extortion
When the sentence was pronounced,
there was a remarkable burst OF ap-
plause from the hundreds of specta-
tors who crowded the court room.
Schmitz's attorneys have given no
tice of appeal, pending which he may
be able to secure his release on md.
For three and one halt weeks past ne
has been nominally in jail though
permitted to visit his attorneys fire.
quently.
Schmitz was convicted, largely on
the testimony of his former friend,
Abe Reuf, the boss Of FRISCO poll
ties, aided by the testimony of the
keepers of the French restaurants,
from whom Schmitz secured large
sums in order that the restaurants
might retain their licenses.
Had Many Victims.
The convictiol and rial cs Mayor
Schmitz, following as 1t did, the
earthquake and fire loss in the city,
and his subsequent visit to Europe,
were probably the most sensational
ever heard in the west. The prosecu-
ton showed beyond any doubt that
combination which yielded them hum
dreds of thousands of dollars from
many sources. The French restau-
rant keepers who testified against
ISchmitz were but q small part Of the
many from whom he extorted money.
Schmltz, after his sentence was or
dered TO prison and confined In coun-
ty jail No. 2, but he was well treated
by the sheriff and given many liber-
ties.
Still Mayor.
one feature of his arrest and con-
finement was the fact that he still
continued to act as mayor and that
all official papers had to be signed by
him In his cell at the Jail, before they
became legal.
He absolutely refused to permit any
money to be paid out without his
signature despite the fact that the su-
pervisors had appointed President
Gallagher as acting mayor, and the
city treasurer sustained Schmitz's
contention.
Even now, provided his appeal Is
allowed and perfected, he cannot be
removed from office until he Is in
carcerated in prison, unless special
proceedings are taken to that effect.
Even with this latter course, 1t is
uoubful II Schmltz can be removed.
Good For You"
Judge Dunno sentenced Schmitz to
Imprisonment at San Quentin penl-
tentiary. As the last words sentence
lell from the judges lips, the great
crowd that had stood throughout the
dramatic scenes, sent up a tremend-
Gus cheer. Good for you!" shouted
a man In the rear of the room. His
CIRCULATION was echoed and re-echoed
Dy one and another. and several threw
s,,ei smeir mats INTO the air. Great con-
t1aa1
Sentence Pleased Crowd.
Attorney Falrall, of the defense,
raising his voice above the din, call
ed out to Judge Dunno:
Your honor, this cheering Is a
very unseemly occurrence"
Well, retorted Dunno with spirit,
III we had a sheriff worthy of the
name lt would be stopped Instantly"
Sheriff Thos. o'Nelil was standing
inside the rail- He turned to the
court and protested: Nobody could
have stopped that, your honor"
Special Agent Burns ordered a
number of baliffs to clear the court
room, but only few men obeyed the
order The confusion was heightened
by a number Of newspaper photo
graphers exploding flashlights until
the room became filled with smoke
and the air sitting.
Judge and Mayor Clash.
The sentencing of the convicted
mayor was, in one respect. without
parallel in the criminal courts of San
Francisco. Half a dozen times the
Judge was interrupted by Schmitz,
who protested in strong words against
the delivery of a lecture" instead of
the pronouncement of judgment.
He accused the court OF unneces-
sarily humiliating him, and giving
opportunity for further humiliation
by reporting his remarks to the press.
At another time Attorney Metson,
OF the defense, interposed vigorous
objection "to the courts lecture"
Judge Dunno replied to Metson that
Instead of interrupting the proceed
ings, he ought to be beginning the
day in court to answer the charge
that he had attempted to tamper with
the jury which convicted Schmitz.
Metson, restraining himself, said
that he was ready TO answer any
charge that was made against him.
Dunno warned Metson that another
interruption would provoke a Jail sem
tence for contempt.