The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-06-28

San Francisco, June 27.--Oyer the
angry protest of the defense, who de-
nounced it as "an outrage upon JUS
tice, Judge Dunno today granted the
request of the prosecution for delay
and withheld until Monday, July s.,
the sentencing of Mayor Eugene E..
Schmitz for the crime of extortiOn, of
which he was found guilty June IS.
In the presence of a great crowd in
his court room in the Temple Israel,
shortly after l o'clock, Judge Dunno
called the convicted man for sen
tence, first inquiring whether it was
the purpose of the prosecution to
press against him the other four ex-
tortion indictments returned by the
grand jury. The court intimated that
if the district attorney SO intended,
the sentence about to be pronounced
would be less severe than if other
prosecutions were to be abandoned
District Attorney Langdon declared
that the state had not made up its
mind on this point, and asked for an
other week in which to consider it.
incidentally he admitted that the pros
ecution was not prepared to argue
against the defenses motion for a
+,r;a1 1rr
cede the imposition of sentence.
Mr.. Fairall, for the defense replied
that the latter did not desire to argue,
but would submit that motion. He in
sisted upon the right of the mayor to
secure sentence at once, so that he
could, without further delay, take an
appeal to the higher court for the new
trial which Judge Dunno would re
fuse.
Judge Dunno finally granted the de
lay, on the assurance of the district
attorney that by July s the state
would say whether or not the othe,
extortion charges would be prosecut
ed. This action by the court so in
censed the mayors attorneys that one
of them, w. H. Metson, accused Judge
Dunno of outraging justice. To this
and kindred remarks the judge re
piled:
This court has remained patien
for SO long l presume it can remain
patient for some time longer"
The granted delay means tha
Mayor Schmitz must spend 12 more
days in the county Jail before apply
ing to higher court for bail on the
strength of an appeal taken.
The refusal Of Judge Dunno to pas
sentence and his continuance in thu
matter granted on motion of the pros
ecution has greatly incensed the de
fense. They profess to- see in this
conspiracy between Judge Dunno AM
the Spreckles- -Langdon- -Heney power
to "do politics.
Statement by Schmitz.
Mayor Schmitz makes the folloWin;
statement to the Associated Press:
"The action of Judge Dunno thi
morning in refusing to pass sentenc
upon me and also refusing to set
time for the consideration and settle
ment of the bill of exceptions present
ed by my attorneys, demonstrate
most clearly what l sail Of him som
time before my trial-that he was
party to this conspiracy and woul
prostitute his high Office to held tn
prosecution in carrying it out, an
also demonstrates that his action
this morning were in accordance wit
the pre-arranged plans of the prosec,
ton. Even by enemies, however, di
not think he would go as far as b
did this morning, and in SO brazen
manner that must now be apparent
every fair-minded citizen that Judg
Dunno and the prosecution are afrai
to have the iniquitious passages in m
trial brought before the appellate {
supreme court, knowing full we'll ths
no honest body of judges would for
moment stand for them and would III
doubtedly. without hesitation, decla1
them to be illegal and void.
The prosecution asked jude
Dunno this morning that the passas
of sentence be postponed for or
week. NV attorneys objected to thi