Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-08
,,dne Dunno Sentences Him to
IMPRISONMENT in San Quentin
Penitentiary.
us CRIME WAS ExToRTloN.
croud in the Courtroom Sent up
4 Great Cheer as Judge Pro-
nounced His Doom.
p.rendant Told Court He Was There
To be Sentenced and Not to be
Inundated by Lecture.

can Francisco, July s.--Superior
4 nudge Dunno at 1915 o'clock this MORN
n inc in the presence of the largest crowd
char has as yet gathered in his court
.,on at Temple Sheriff. Israel, sem
,oncea Mayor Eugene E. Schmitz to five
,.a.,s, Imprisonment in San Quentin
,onitentary for the crime OF extorting
Nlf5 from French restaurant Keepers
of San Francisco. of which crime he
was convicted by a jury on the 18th OF
last June.
AS the last words OF the sentence fell
from the judges lips the great crowd
that had stood throughout the dramatic
scene. sent up thunderous cheer.
"Good for you shouted a man in The
sack OF the room. His ejaculation was
echoed and re-achoed by one after am
other OF the spectators. Several threw
their hats into the air. others
scrambled upon chairs to look over the
shoulders of the crowd. The greatest
confusion prevailed
ATTY. FAIRALL OBJECTS.
Atty. Fairall OF the defense, raising
Mis- voice above the am. called out TO
Judge Dunne' ,. L.. ,,.,,...
Your honor. this cheering is u very
apseenly occurrence"
well" retorted Judge Dunno with
snlrlt, "if we had u sheriff worthy the
uane, ii would have been stopped
Instantly"
sheriff Thomas ONeill was standing
,nsIre the rail- He turned u the court
and protested: Nobody could NAVE
~,
specal Agent Burns, of the prose
cntion. led a number of bailiffs IN the
crv. Clear the courtroom; clear the
yourtroom?"
CLEARING CoURTRooMS.
But only few of the hundreds OF
curious and apparently delighted men
ubeyed the sharp order. Some OF
them we're hustled unceremoniously
out into the Railways. About lOo
others kept their vantage places
around the counsel table, where
SChmitz sat debating statement to
the newspapermen. The dramatic
atmosphere was heightened by stan
of newspaper photographers VINO eX
ploded flashlight after nashlight IN
the courtroom was so nlied Win VIZ,
smoke that 1t 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 was
INTERRUPTED by Schmitz. who protest.
ed In strong words against the ne
livery of lecture" instead OF the
announcement of judgment. lie ac-
cused the court of unnecessarily hu-
initiating him and giving opportunity
for further humiliation by the report
ing of his remarks in the press once
replying to the prisoner, Judge dunno
said: such brazen enrontry was
probably no more than should be ex-
pected. and it was the duty of the
court to bear ii in patience. Az an
other time Atty. Metson of the de-
Tense tnterposed a vigorous objection
in support of his client TO the cout.
lecture" Judge DUNES reply was
that Mr.. Nelson. instead of interrupts
ing the proceedings ought TO be be
ginning a day in court to answer tine
charge that he had attempted TO Jam,
per with the jury which convicted
Schmitz Metson, restraining hlmseli
calmly answered with the same spirit,
saying that he was ready to answer
any charge that was made against
him. Judge Dunno warned Nelson
that another interruption would pro
woke jail sentence for contempt
CASE CALLED.
II was 1875 O'Clock when Judge
Dunno having disposed of some mat
tiers Preliminary 10 the trial OF Other
brbery-graft cases, called from the
calendar: THE people VS.. Eugene r.
Schmitz."
Dist Atty Langdon and Atty. Fairall
answered In unison Ready
Judge Dunno inquired Of Mr.. Lang
dong whether IL was his present inten-
ton to proceed with the trial of the
other four extortion cases against
Schmitz The district attorney replied
that there We're so many other graft
rgl
bile 10 say at this time whether the
four extortlon cases would be pressed
or not, but" he concluded, THE prose-
cutlon has no objection 10 the passing
OF sentence at this time
Under ordinary circumstances. said
Judge Dunno, where defendant has
been indicted on number OF aceusa-
lions and only one OF them has been
tried. the others remaining open for
trial. / think II would be very bad
practise TO pronounce Judgment upon
the first conviction. But II the district
attorney has, as he says, no objection
TO the imposition of Judgment at this
time l shall of course pass sentence
Eugene Il. Schmltz stand up"
scHMGTz STANDS UP.
The big, black bearded prisoner arose
at the counsel table. His face.was the
color Of ivory. His lips were pressed
He bent his eyes In q piercing
glance on the judge. and never once
during the dramatic moments that fol-
lowed did he drop them. His sh oulders
Mere thrown well back and he held
his head high
Eugene schmitz," said Judge
Dunno, after reeitIng the facts VI his
trial and conviction. have you any
cause to show why judgment should
not be passedf"
we have responded Atty. Ealrall,
and as he arose 10 move for new
lrlal the mayor sat down.
Mr.. Fairall read briefly six grounds
upon which new trial should be
granted The motion was promptly
, nenied. after Dist Atty Langdon had
Replied. after a word OF inquiry from
The court that In the eyes OF the
prosecution the grounds urged were
wholly insufficient. "rhe court does
hot deem that there Is any merit 4
HE motion. therefore II Is denied
laid Judge Dunno.
Mr., Fairalf excepted the ruling and
moved for an arrest Of judgment anu-
merafinR the grounds. This motion
Mas also denied