Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-09
Convicted Official Scored Un-
mercifuIIy by Judge Dunno
in Passing Sentence Despite
Dogged Protest,
CROWDED COURTROOM
APPLAUDS JUDGMENT
Asserting He Has Been Denied
Fair Trial DiSgraced San
Francisco Official Announces
Determination to Fight

[By Morning journal Special Leased Wire.l
San Francisco, July S.-The sem
fencing of Mayor Eugene e. Schmitz
to five years in San Quentin peniten-
tiary for extortion, and the COM
mencement and partial completion of
the selection of a jury to try Vice
President Louis Glass of the Pacific
States Telegraph and Telephone COM
pany on the first of ten charges of
bribing supervisors were the features
of today in the bribery and graft
proceedings. The sentencing OF
Schmitz was one OF the most dramatic
scenes ever witnessed in a court.
Hats were thrown into the air, arms
were waved and there was such an
unrestrained clatter Of applause that
the bailiff pounding for order could
not be heard.
In Judge Lawlor's court six of the
twelve jurors to try Vice President
Glass were finally selected and sworn.
after the prosecution had used two
peremptOry challenges and the de-
fense four. To the former three ar
bitrary challenges remain and to the
latter six.
In all eighteen veniremen were ex-
amined during the day. Twelve of
these qualified as to causes.
When Judge Dunno, having dis
posed of some matters preliminary "a
the trial of other fSiberysgraft cases
called from the calendar. "ThG peO-
pie VS.. Eugene E. Schmitz," District
Attorney Langdon and Attorney Fair
all answered in unison, Ready
Judge Dunno inquired of Mr. Lang
don whether 1t was his present inten-
tion to proceed with the trial of the
other four extortion cases against
Schmitz. The district attorney replied
that there weTe so many other graft
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 concluded. "the pros
ecution has no objection to the pass
/ ing Of sentence at this time
Under ordinary circumstances,
said Judge Dunno, 'where a defend
ant has been indicted on a number OF
accusations and only one of them has
been tried. the others remaining open
for trial, think 1t would not be very
practicable to pronounce judgment
upon the first conviction. But II the
ulNAIltA dAAulhtN iln1g tAH Alf says ~
objection to the imposing of judgment
at, this time, l shall, of course, pass
sentence. Eugene o. Schmitz, stand
uc."
The large black bearded prisoner
arose at the counsel table His face
was the color of ivory. His lips were
pressed tightly together. He bent his
eyes In a piercing glance on the
IA hf
dramatic moment that followed did h'
drop them His shoul4rs were
/ thrown well back and he held his
head high.
Eugene II. Schmltz," said Judge
Dunno. after reciting the facts of his
trial and conviction, "have you AM
cause TO show why judgment should
not be passed."
we have" responded Attorney
Falrall. and as he arose to move fol
new trial the mayor sat down.
Mr.. Fairall read briefly the sl'
grounds upon which a new tria
should be granted. The motion wal
promptly denied. after District Attor
10y Langdon had replied. after n wort
OF inquiry from the court that In the
eyes of the prosecution the grounds
urged were wholly insufficient. "Th'
court does not deem that there is an,
merit IN the motion, therefore II I
denied" said Judge Dunno.
Mr.. Falrall excepted to the rulinl
and moved for an arrest Of judgmen
enumeratlng the grounds. This mo-
ton was also denied.
The court then asked II the defens'
had any other cause to show.
mo other" was the reply.
Judge Dunno, turning TO Schmitz
who had again risen, said: In pro
nounclng judgment IN this case. tn
court has bat very little comment 4
make. II can be said that the yer
diet of the jury In this case has
deeper Significance than ordinarily 4
the finding Of guilt. II Is a messag
to all the people In the city-of Sal
Francisco that law and order are su
preme: that no m~-l, however exalte'
his station or how strong and pow
erfu the political. social and flnancia
influences which surround him,
above the law. Eugene T.. Schmit'
you have heretofore occupied N
highest office which the city OF Sa
Francisco can confer on one OF II
citizens. You were elevated TO tina
position because Of the confidence an
trust reposed In you By the mass O
the
II am here" Interrupted schmlti
In voice. though quiet and CONTROL
ed. which carried to the far corner
OF the room. "tO receive sentence q
your hands-and not to be humlliate
by n lecture which the newspaper
can repeat In print"
AZ this there was n buzz Of excite
ment and a shifting Of feet on IN
bare floor. and nn eager press fol
ward By the crowd that was separate
from the counsel tables by n row {
occupied chairs. Beyond paualnl
Judge Dunno paid no attention 10 N
interruption. you we're elevated