The Glenwood post., 1907-07-13

NaAiSu iiohu Nhc SsilSuQdI. hc 1 GU
pie VS.. Eugene E. Sshmitz," District
Attorney Langdon and Attorney Fair
all answered in unison, Ready"
Judge Dunno inquired of Mr.. Lang
don whether it was his present inten-
tloh to proceed with the trial of the
other four extortion cases against
Schmitz. The district attorney replied
that there We're so many other graf,
cases on the calendar that he was un
able to say at this time whether the
four eXtortion cases would be pressed
or not, but" he continued, the prose
cution has no objection to the passing
of sentence at this time"
Under ordinary circumstances
said Judge Dunno, where a defendant
has been indicted on number of ac-
cusations and only one of them has
heen tried the others remaining open
for trial, think it would be very i'm
pracucaule to pronounce judgment
upon the first conviction. But if the
district attorney has, as he says, no OBJ
lection to the imposition of judgmen.
at this time, l shall, of course, pas;
sentence. Eugene E. Schmitz, stand
up"
Holds His Head High.
The large, black-beareded prisone:
arose at the counsel table. His face
was the color of putty His lips were
pressed tightly together. He bent his
eyes in piercing glare on the judge
and never once during the dramatic
moment that followed did he drop
them. His shoulders were thrown well
back and he held his head high.
Eugene E. Schmitz," said Judge
Dunno, after reciting the facts of his
~ oil
to show why judgment should not be
passed."
We have" responded Attorney
falrall, and as he arose to move for
new trial the mayor sat down
MIR. Fairall read briefly six grounds
upon which new trial should be
granted. The motion was promptly
denied, after District Attorney Long
don had replied, after word of in
curry from the court that in the eyes
OF the prosecution the grounds urged
were wholly insufficient.
The court does not deem that there
is any merit In the motion, therefore
1t is denied" said Judge Dunno.
Mr.. Fairall excepted to the ruling
and moved for an arrest CT judgment,
enumerating the grounds. This motion
was also denied
The court then asked if the defense
mad any other couse to show.
No other" was the reply.
Judge Dunno, turning to SchmitZ
who had again risen, said: In pro
nouncing Judgment in this case the
court has but very little comment to
make. 1t can be said that the verdict
of the jury in this case has a deeper
significance than ordinarily attaches
to the finding of guilt. 1t is a message
to all the people in the city of San
francisco that law and order are su-
preme; that no man, however exalted
his station or how strong and power.
tul the political, social and financial
influences surrounding him, is above
the law. Eugene e. Schmitz. you have
heretofore occupied the highest Office
which the city of San Francisco can
confer on one of its citizens. You
We're elevated to that position because
Of the confidence and trust reposed in
you by the mass of the"
Il am here" interrupted Schmitz. in
voice which, though quiet and con
trolled, carried to the far corners of
the room. TO receive sentence at YOUR
hands-and not to be humiliated bv a
lecture which the newspapers can re-
peat in print"
AT this there was a buzz of excite
ment and shifting of feet on the bare
Moor and an eager press forward bv
the crowd that was separated from the
counsel tables by a row of occupied
chalrs. Beyond pausing, Judge Dunno
PAID no attention to the interruption.
You were elevated to that posi.
uon, l say, because of the confidence
ana trust imposed in you"
Attorney Matson interrupted: 1--WE
are here to take sentence" he said,
not to be lectured We