Los Angeles herald., 1907-07-09
Calls 1t Brazen

at is not unusual" was Judge
Dunne's stinging reply, "for courts to
be brought into contact with such
brazen acts of effrontery as yours in
the present moment. 1t is the duty of
the court in such cases to view the
conduct of a convicted felon with pa
tience and toleration not to say with
pity. BY your conviction you will lose
the respect and esteem of all good
men and citizens. You will suffer the
humiliation Of knowing, I say, that
your career of hypocrisy, duplicity and
dishonor has been exposed, and that
you stand before those who believed in
and honored you, morally naked,
shamed and disgraced."
"I deny that" cried Schmitz. 1.-The
people of San Francisco know how
was railroaded through"
Judge Dunno resumed:
Morally naked, shamed and dis
graced. 1t is in the knowledge of these
things rather than in any mere term
of Imprisonment in a state penitentiary
that the full measure of your punish
ment be found.
'It is the Judgment of this court
that you be confined in the state prison
at San Quentin for term of five
years"
Then, as if in direct and contemptous
reply to the prisoners denial of mo-
ment before, the big crowd turned
loose it's feelings in a cheer that rat
tied the windows and drowned the
sharp rapping of the bailiff for order.
Immediately after resuming his seat
at the counsel table Schmitz dictated
the following statement to the Asso-
ciated Press:
Schmitz Makes Statement
"The court wherein [ received my
sentence for the charge of eXtortion
again demonstrates, and more clearly
than anything else that it has here
tofore done, a charge l made upon my
immediate return from the east that
Judge Dunno was prejudiced against
me and that it was impossible to secure
in his court fair trial. The animus
that he has nurtured in his heart for
some time came clearly and positively
to the surface this morning. L have
never asked for leniency but 1 have
expected as every American citizen has
the right to expect, justice.
"I ask the people to withhold their
final judgment in this matter until the
iniquitous proceedings which have
been held in Judge Dunne's court since
the beginning of my trial shall be
brought before the higher court.
"I have never asked for mercy; and
before a court where did not receive
a fair trial certainly did not expect
it. 1 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 con-
science of my entire innocence, l ex-
pect to be successful in the contest.
IT now reiterate what 1 have stated
already, that l will be a candidate for
mayor of the city and county of San
Francisco this fall when the people of
San Francisco will have an opportunity
by their votes of demonstrating wheth-
er they believe me guilty or innocent.
The people are always right. / am
satisfied to leave my case with them"
other Gases Continued
Judge Dunno continued for one week
the four extortion cases on which
Mayor Schmitz has not yet been tried.
Immediately after the passing of
sentence, attorney Fairall asked that
Schmitz be admitted to bail pending
an appeal. This application will be
heard formally at 10 o'clock tomorrow
morning Bills of exceptions were then
filed and Judge Dunno granted a GER
tificate of probable cause, enabling
Schmitz to carry to the district court