The Birmingham age-herald., 1907-07-09
Remarkable Scene Occurs in
 the Court Room
JUDGE DELIVERS LECTURE
Convicted Mayor Objects strenuously to Remarks of the Judge and Is- sues Detailed Statement to
 Associated Press.

San Francisco. July 7-Mayor Eugene D. Sehmitz, convicted of extortion, was today sentenced to five years in the peni- tentiary. When the sentence was pro- nouneed there was a remarkable outburst of applause from the hundreds of persons who crowded Judge Dunne's court room Judge Dunne sentenced Mayor schmitz 10 imprisonment in San Quentin peniten- tiary. Sentence today followed the recent conviction of Schmitz for extorting stlf5 from French restaurant keepers of San Francisco.
 As the last words ot the sentence came from the judges lips. the great crowi that had stood throughout the dramatic scene sent up ) thunderous cheer. Good for you!" shouted a man in the back room. His ejaculation was re-echoed by one after another of the spectators Sev- eral threw their hats into the air; others scrambled on chairs to look over the shoulders of the crowd. The greatest confusion pravailed. Attorney Farrell of the defense raising his voice above the din called out to Judge Dunn:
 Your honor. this cheering Is a very unseemingly occurrence"
 Well" retorted Judge Dunn with spir- 1t. If we had a sheriff worthy of the name 1t would have been stopped in stantly."
 Sheriff Thomas ODel was standing in- side the rail. He turned to the court and protested: Nobody could have stopped that, your honor.'
 Special Agent Burns of the proseeu- l tion, led q number of bailiffs and said:
 Clear the court room! Clear the court room"
 But ouly a few of hundred and ap- parenuy delighted men obeyed the sharp order. Some of them were hustled un- l ceremonionsly out Into the railways l About one hundred others kept their van tage places around the counsel table where Schmitz sat dctating a statement ] to the newspaper men. The dramatic at mosphere was heightened by a staff of l newspaper photographers who exploded flashlght after flashlght till the court room was so filled with smoke that 1t became stifling.
 i Scene Without Parallel. The sentence of the convicted mayor was in one respect without q parallel in
  ! Half q dozen times Judge Dunn was in-. terrupted by Schtnitz. who protested m ;, strong words agaiast the delivery of d | lecture" instead Of he prounonncement Of l judgment. He accused the court of un- necessarily humiliating him and giving opportunity for further humiliation by tho reporting of his remarks in the press. Once replying to the prisoner, Judge punne said: Such brazen effrontery WAS probably no more than should be expect ed and 1t was the duty of the court ! to bear 1t in patience
 At another time Attorney MetZon for the defense intersposed a vigorous ob- jectlon In the name of his client Ito the , courts lecture"
 Judge Dunne5s reply was that MT. Met zon, instead of lnterrupting the proceed ing ought to be given a day in court to answer the charge that he had attempt ed to tamper with the jury which convct- ed Schmitz
 Metzon restraining himself, calmly an- , swered in the same spirit, saying he was ready to answer any charge that was made against him
 i Judge Dunne warned Metzon that an- ] other interruption would provoke a judi cial sentence for contempt When Judge 1 Dunne having disposed of some matters preliminary to the trial of other bribery , graft cases, called from the calendar Tic l People vs. Eugene E. Schmitz," District l Attorney 1anSdOn ana AtlOFHey dlTeh answered In unison Ready
 Judge Dunne inquired of MT. Langdon | whether it was his present intention to | proceed with the trial of the other four extortion cases against Schmitz.
 The district attorney replied there were so many other graft cases on the calen- dar that he was unable to say at this time whether the other four extortion cases would be pressed not. But" l he concluded "the prosecution has no ob- jection to the passage of sentence at this time"
 Under ordinary circumstances" said Judge Dunne, where a defendant has been indicted on number of accusations and only one of them has been tried the others remaining open for trial, think 1t would be very poor practice to pronounce Judgment upon the first con victlon. But if the district attorney has as he says no objection to the imposition of judgment at this time. I shall now pass Judgment of sentence. Eugene E. Schmitz, stand up.
 Judge Dunne's Lecture.
 'Eugene Schmltz," said Judge Dunne after recitIng the facts of the trial, have you any cause to show why Judgment should not be passed
 I've have" responded Attorney Fair ell, and as he arose to move for new trial. the mayor sat down. Mir. Farrell 
 trial should be granted. The motion was promptly denied after District Attorney Langdon had replied after a word of in- quiry that in the eyes of the prosecution the grounds urged were wholly insufh- cient.
 'The court does not deem that there is any merit In the motion, therefore 1t is denied" said Judge Dunne.
 Mir Fairell excepted to the ruling and moved for an arrest of judgment. emu merating the grounds This motion was also denied. The court then asked if the defense had any other cause to show. "No other" was the reply.
 | Judge Dunne. turning to Schmtz, who had again risen. said:
 'In pronouncing judgment in this case the court has but very little comment to i make It can be said that the verdict of the jury in this case has d deeper sig nificance than ordinarily attaches to the finding of guilt It is message to all the people in the city of San Francisco that law and order are supreme; that no