Los Angeles herald., 1907-06-28
POSTPONES
SENTENC
OF SCHM|Tz
Judge Dunno Anglers
Attorneys for
Prisoner
Is an Outrage Against
Justice, Shouts
Metson
Mayors Lawyers Protest Against De-
lay, but Court Grants Plea of
Prosecutlon-His Action
Is Denounced
By Associated Press.

BY Associated Press.
SAN FRANCISCO, June Glover
the angry protests of the defense, who
denounced it as IAN outrage upon JUS
tice," Judge Dunno this morning
granted the request of the prosecution
July 8, the sentencing Of Mayor
Eugene e. Schmitz for the crime of
extortion of which he was found guilty
June 13.
In the presence of a great crowd in
his court room in the Temple Israel
shortly after 10 o'clock Judge Dunno
called the convicted mayor for SEN
tence, first inquiring whether it was
the purpose of the prosecution to press
against him the other four extortion
indictments returned by the grand
jury. The court intimated that If the
district attorney so intended the sem
tence about to be pronounced would be
less severe than if the other prosecu-
tions were to be abandoned.
District Attorney Langdon declared
the state had not made up its mind
on this point and asked for another
week in which to consider it. Incl
dentally ke admitted that the prosecu-
tion was not prepared to argue against
the defenseS motion for a new trial
which would naturally precede the i'm
position of sentence. Mr.. Fairal for
the defense replied that the latter did
not desire to argue but would submit
that motion. He insisted upon the right
of the mayor to receive sentence at
once so he could without further de-
lay take an appeal to the higher court
for the new trial which Judge Dunno
would refuse.
Judge Dunno finally granted the de-
lay on the assurance of the district at
torney that by July 8 the state would
say whether or not the other extortion
charges would be prosecuted. This ac-
tion by the court so incensed the may
or's attorneys that one of them, w. H.
Metson, accused Judge Dunno of out
raging justice. To this al kindred
remarks the judge replied:
'This court has been patient for so
long that l presume it can patient
a little longer. Your remarks are al
most offensive"
More Days in Jail
The granted delay means that Mayor
Schmitz must spend twelve more days
in the county jail before applying to a
higher court for bail on the strength
of an appeal taken.
The refusal of Judge Dunno to pass
immediate sentence upon Mayor Eu-
gene E. Schmitz, convicted June 13 OF
extorting money from the French res
taurateurs of San Francisco under
threat to deprive them of their liquor
licenses, and the postponing of judg-
ment until July by request of the
prosecution on the plea that the dis
trict attorneys forces had not made
I'D their minds on which Of the other
four charges of extortion they wish
next to prosecute the mayor, greatly in
censed the defense, who profess to see
: in this a conspiracy between Judge
Dunno and the Spreckels-Langdon
Heney powers to "do politics.
Mayor Schmitz makes the following
statement to the Associated Press:
"The action of Judge Dunno this
morning in refusing to pass sentence
,pon me and also in refusing to set a
time for the consideration and settle
ment of the bill Of exceptions present.
ed by my attorneys, demonstrates most
clearly Just what / said of him some
time before my trial: That he, was a
party to this conspiracy and would
rosfitute his high office to help the
prosecution in carrying 1t out, and also
demonstrates that his actions this
morning were in accordance with the
nrearranged plans of the prosecution.
"Fven my enemies, however, did not
think that he would go so far as he
did this morning and in so brazen a
manner 1t must now be apparent TO
every fair-minded citizen that Judge
Dunne and the prosecution are afraid
to have the iniquitous proceedings in
my trial brought before the appellate
or supreme court, knowing full well
that no honest body of judges would
for a moment stand for them, and
would undoubtedly without hesitation
decide them to be illegal, null ana volo'
Accuses Dunno
''The prosecution asked Judge dunno
this morning that the passing of SEN
tence be POSTPONED for one week. My
ATTORNEYS objected to this, but Judge
Dunno evidently thought few DAYS
might be needed by the prosecution IN
order to carry out their POLITICAL de-
signs and postponed sentence for eleven
days. instead of one week, as asked
for by the prosecution. II the motlVes
of the prosecution are not poltleal why
do they resort to these dastardly meth
DDS? When 1 asked for an immediate
trial some eight months ago 1t was said
by the prosecution that it was not In
earnest, and my trial was postponed
from time to time until the prosecu-
tion was ready to secure the jury that
+ they wanted and to have their judge
in the proper frame of mind.
II was ready in court this morning
to make a motion for q new trial and