New-York tribune., 1907-07-09
SCHMITZ GETS 5 YEARS.
COURT SCENE DRAMATIC.
Sentenced Frisco Mayor announces
Continued Candidacy.

san francisco, july 6--MaNOr EuSeNe l..
schmtz. convicted of extortion was sentenced
10 five years in San Quentin Penitentiary to-day
As the last words of the sentence fell from the
judges lips the great crowd that had stood
throughout the dramatic scene, sent up a thun-
derous cheer. Good for you" shouted a man
in the back of the room. His ejaculation was
echoed and re-echoed by one after another of
the spectators. Several threw their hats into
the air; others scrambled upon chairs 10 look
over the shoulders of the crowd, and the greatest
confusion prevailed
Mr. Fairall for the defence, raising his voice
above the din, called out to Judge Dunno:
Your honor this cheering is very unscemly
occurrence"
"Mel1,' retorted Judge Dunno, with spirit, If
we had Sheriff worthy OF the name it would
have been stopped instantly"
Sheriff O'NeE was standing inid the rail
He turned TO the court and protested. Nobody
could have stopped that, your honor"
Special Agent BufRs7-ef the prosecutions let d
number Of bailifrs and said. Clear the court
room. Clear the CourtToom,"
Only few OF the hundreds of apparently de-
lighted men obeyed the sharp order. Some #
them We're hustled unCeremonously out into the
Railways. About one hundred others kept their
vantage places around the counsel table, where
SchmitZ sat debating statement to the news
paper men. The dramatic atmosphere was
heightened by a staff OF newspaper photograph
ers who exploded hashlight after hashlight until
the courtroom was so filled with smoke that il
became sitting.
The sentencing Of the convicted Mayor was in
one respect without parallel in the criminal
annals Of san Francisco Half a dozen times
Judge Dunno interrupted by SChmitz, who
protested In strong words against the delivery
OF a lecture instead of the pronouuCement OF
judgment. He accused the court Of unneCes-
sarily humillating him and giving opportunity
for further humiliation by the reporting Of his
remarks in The press. once. replying 20 the
prisoner, Judge Dunno said.
such bTaZen efroutery was probably no
more than should be expected. and II is the duty
Of the court 10 bear IT with patience"
At another time Mr. Metson. for the defence
interpoSed vigorous objection Ito the courts
lecture" Judge Dunnes reply was that Mr.
Metson instead Of interrupting the proceedings
ought 10 be given a day in court 10 answer the
! charge that he had attempted 10 tamper wita
the jury which convicted Schmtz
Metson, restraining himself. answered in the
| same spirit, saying that he was ready to answer
| any charge that was made against him
Judge Dunno warned Metson that another in
terruption would provoke Jail sentence for CON
| tempt Of court
When Schmita was ordered 10 stand up to re-
! ceive sentence. he arose. his face the color of
| ivory and his lips pressed tightly together H.,
! bent his eyes In a piercing glance on the Judge
| and never once during the dramatic moments
| that followed did he drop them. His shoulders
! were thrown we'll back. and he held his head
| high The sentence omitting the intarruptions
! OF SchmitZ and his counsel. was as follows.
In pronouncng Judgment I'm this case the cour,
! mas but very little comment to make. II can be
said that the verdict Of the jury in this case has
deeper significance than ordinarily attaches - tbe
! finding of guilt It is message 10 all the raorIa
! in the city Of san Francisco that law and ,r'e-
| are supreme, that man. however exalted his
| station or how strong and powerful Tho no,I,,
cal, social ana financial Influences which sI,r
! round him, is above the law Eugene =
| SchmiZ, you have here 'oforc occupied the
| highest office which the city OF san Fran
were elevated 10 that position because Of the conf
den"e and trust reposed in you by the mass OF the
| people. You have by your wilful criminal act so
jury or your FELLOW citizens have declared. broken
that confidence and betrayed that trust Therefore
it may be said that the penalty which the law per
mus IN th!s case Is insufficient 10 meet tho de-
mands of justice. II may be sugee sted however
| that by your conviction you will lose the respect
ana esteem OF all good citizens and men. that you
| VIII suffer the humiliation of knowing that your
! career OF hypocrisy. dupcity and dshonor has
been exposed. and that YOU stand before those
, who believed in and honored you morally naked
| shamed and disgraced II is in the knowledge Of
| these things rather than in any mere term OF i'm
| measure Of your punishment may be found
1t is the Judgment Of this court thar Won ba CON
| hned III the state prison at San Quentin for a term
| of five years.
Immediately after resuming his seat at the
| counsel table Schmitz dictated the following
statement for publication:
The court wherein | received nv sentence for
the charge of eXtorton again demonstrates and
more clearly than anything else that 1t has here
Immediate
return from the East, that Judge Dunno was pref
udiced against me and that it impossible 10
! procure in his court fair trial. The anrnus thar
| he has treasured in his heart for some time came
| clearly and positively to the surface this morning
| / have never asked for leniency but / have ex-
| pected every American citizen has tho right
| to expect. Justice. ask the people to withhold
their final judgment in this matter until the in
| iquitous proceedings which have been held in
Judge Dunncs court since the beginning of my,
trial shall be brought before the highest court
! have asked for mercy and before n
a court where did not receive fair trial I GER
tainly did not expect il. l intend not only TO
fight this case step by step. but all the charges
| that have been brought against me- and with the
knowledge IN my own conscience of my entire in
nocence. | expect to be successful in the contest
now repeat what l have stated already. That
I will be candidate for Mayor of the CITY and
county of San Francisco this fail when the peo-
pie of San Francisco will have opportunity by
their votes Of demonstrating whether they believe
me guilty innocent. The people are alwavs
right | satisfied to leave my with them.
Judge Dunno continued for one week the four
extortiou on which Mayor Schmitz has
not yet been tried.
Immediately after the passing of sentence Mr.
Fairan asked that Schmitz be admitted TO bail
pending an appeal This application will be
neard formally tomorrow. Bills of exceptions
were then filed and Judge Dunno granted a CeIs-
tihcate of probable cause. enabling Schmitz to
carry to the District Court of Appeals his mo-
| ton