The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-06-28
DEFENSE GREAT.
LY INCENSED
At DELAY
SENTENCE OF MAYOR SCHMITZ
POSTPONED UNTIL JULY 4
OVER PROTEST..
WINDY STATEMENT BY SCHMlTz
'Reiterates Assertion of Conspiracy
by Prosecution to Secure
Y Control.


refusal today of Judge Dunno to pass
immediate sentence upon Mayor Eu-
gene E. Schmitz, convicted June Ia
of extorting money from the French
restaurant keepers of San Francisco
under threat to deprive them of theii
liquor licenses, and the postponing
of Judgment until July 8 by request
of the prosecution on the plea that
the district attorneys forces had moi
made up their minds on which of the
other four charges of extortion they
wish next to prosecute the mayor
greatly incensed the defense, who
profess In this to see a conspiracy
between Judge Dunno and the
Spree ngdon-Heney powers to
do .,olitics."
Mayer Schmitz makes the follow
ing statement TO the Associated
Press:
THE action of Judge Dunno this
morning in iefusing to pass sentence
upon me, and also In refusing to set
time for the consideration and set
tlement of the bill of exceptions pre-
sented by my attorneys, demonstrates
most, clearly just what | said of him
some time before my trial: That he
was party to this conspiracy and
would prostitute his high office to
help the prosecution In carrying II
out, and also demt nstrates that his
actions this morning wegs iii 4Rrc0lu-
ance withAa' tifanged plans of the
.pr.ssecnt n Even my enemies, now
ever, di not think that he would go
as far he did this morning AVID in
so hra,.s. n nianneY if1t must be ap-
,]dfent 10 every fair minded citizen
that Judge Dunno and the prosecu-
tion are afraid to have the iniqui-
tious proceedings in my trial brought
before the appellate or supreme
court, knowing full well that no hon
est body of judges would for mo-
ment stand for them and would un-
without hesitation decide
them to be illegal, null and void.
THE prosecution asked Judge
Dunno this morning that the pass
ing of sentence be postponed for one
week My attorneys objected to this,
but Judge Dunno evidently thought
a few days more might he needed by
the prosecution in order to carry out
tn II political designs, and post
po. ed sentence for eleven days, in
stead of one week, as asked for by
the prosecution. III the motives of
the prosecution are not political, why
do they resort to these dastardly
methods? When | asked for an i'm
mediate trial some eight months ago,
it was said by the prosecution that
it was not in earnest and my trial
was postponed from time to time un-
til the prosecution was ready to Sc
cure the jury that they wanted, and
to have their judge In the proper
frame of mind.
Il was ready In court this morn
ing to make motion for a new trial
and take other legal steps as were
necessary to protect my rights, ask
ing no fayors and no time from any
one. but demanded only what ! was
legally and rightfully entitled to-an
of proceeding to a high
er court In order that it might re-
view the action and conduct of Judge
Dunno and the prosecution during
the course of my trial. Even bail is
denied by Judge Dunno, as have been
all of my constitutional rights and
Il charge Judge Dunno with pros
his high and honorable Of
flee, and staining the judicial ermine
by aiding and abetting the political
plans and designs of the prosecution,
in order that the municipal govern
ment of the city and county of San
Francisco, and the patronage Incl
dent thereto, may be absolutely con-
trolled by them in the interest of Mr..
Spreckles and other con-
to the fund raised for the
to further the securing
of valuable franchises for their own
advantage
Former Judge Charles ii. Fairall,
Of the mayors counsel, said:
"The reason given and accepted
for the request for postponement of
Judgment was that the prosecution
did not know whether this and pos
sible future sentences should run
or not. If that were the
real reason it would mean that the
defendant would be held in custody
and the Judgment suspended until
his conviction on another charge,
which might never occur.
ct is clear that this was not the
of the court and the prose-
chtion in deferring Mayor Schmitz'
sentence today; for they must know
that as a matter of law they could
not suspend the sentence indefinitely
to await another conviction which
might never occur
hat then. wa1 their purpose?
In my opinion 1T was two-fold; first,
to prevent the appeal of the mayor
to a higher court, as no appeal can
be taken until judgment is entered
and thereby to prolong his interme-
date imprisonment in the county
jail, and so further embarrass and
annoy him.
Second, they are Of the opinion
that. they cannot proceed against the
mayor and oust him from Office until
at least q judgment of conviction is
entered against him; and as they
have not yet agreed among them
selves as to whom they will appoint
to succeed Mayor Schmitz when they
make the attempt to remove him,
they wish to avoid any conflict
among themselves by settling the
question be fore attempting to do
anything looking toward his remo-
val.
ssIn Gan Franz cisco law has becOme