The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-08
SCHMITz GETS HIS
San Francisco Mayor Sentenced
to Five Years Term
In the California Penitentiary
at San Quentin.
SHOUTS OF APPROVAL
From the Spectators Greet the
Action of the Court.
Judge Dunno and the Mayors
OF APPROVAL
Judge Dunno and the Mayors
Party in a Quarrel.

who crowded Judge DUNES court
room.
| Judge Dunno sentenced Mayor
Schmitz to imprisonment in San
Quentin penitentiary. Sentence fol-
lowed the recent conviction of Schmitz
| for extorting $1,175 from French
restaurant keepers of San Francisco.
AS the last words of the sentence
| fell from the judges lips the great
crowd that had stood throughout the
dramatic scene sent up tremendous
! cheer.
Good for you." shouted a man in
/ the back of the room.
His ejaculation was re-echoed by
one after another of the spectators.
| Several threw their hats into the air.
Others scrambled upon chairs to look
over the shoulders of the crowd. The
greatest confusion prevailed.
Attorney Fairall of the defense.
raising his voice above the din, called
| out to Judge Dunno:
your honor. this cheering is
| very unseernly occurrence"
| 'Wen," retorted Judge Ounce. with
spirit, eff we had sheriff worthy of
| the name 1t would have been stopped
| instantly"
Sheriff Thomas O'Neill was standing
| inside the rail. He turned to the
court and protested:
Nobody could have stopped that.
your honor"
Special Agent Burns of the prosecu-
ton led a number of bailiffs and said:
CLEAR the court room, clear the court
ROOM"
But only a few of the curious and
apparently delighted ipen cbeyed the
sharp order. Some Ct than were ms
tlec unceremoniously OFT into the hail
nays About 100 others kapS their VaT1-
Gus places about the counsel table,
where Schmidt sat debating state
ment to the newspaper men. The ara
matte atmosphere was heightened by q
@t1xr Nf1.,
exploded fiashlight after flashlight TIL
the court room was so fillad with smoke
that It grew sitting.
Unparalleled Scenes.
The sentencing of the convicted mayor
was in one respect without a parallel III
the criminal annals of San Francisc D.
Half a dozen times Judge Dunno was
interrupted by Schn1itz who protested
in strong words against the delivery
of lecture" instead of the pronounee-
ment of Judgment. He accused .he
court of unnecessarily humiliating him
and giving opportunity for other nu-
initiation by the reporting OF ms re
marks in the press. Once replying 70
the prisoner, Judge Dunno said: such
braZen effrontery, was PROBABLY no
more than should be expected am II
was the duty of the court to pear IN
patience" At another time Attorney
Metson of the defense interposed Wig
orous objection in support or MS cnent'
ito the courts lecture.
Judge DUNES reply was tnat nj
Nelson instead of interrupting the p~o-
ceedines ought to be beginning DAY
in court to answer the charge that ne
had attempted to tamper with tue jury
which convicted Schmltz. Metson, re-
straining himself, calmly answered
with the same spirit, saying that ne
was ready to answer any charge Luat
was made against him. Judge bcnne
warned Metson that another .nterr IT, u
ton would provoke a Jail sentence Tor
contempt. +,.,.
of some matters preliminary TO me
trial of other bribery graft cases, caiia
ed from the calendar: The people
versus Eugene E. Schmitz." District
Attorney Langdon and Attorney FAIR
sill answered in unison READY.
Judge Dunno inquired OF Mr.. Lang
don whether it was his present inten-
tion to proceed with the trial OF the
other four extortion cases againsI
Schmitz. The district attorney repneu
mat there were 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
OF n0s; has no objection to the
passing of sentence at this time.
"Snith. stand Up
"IInder ordinary circumstances"
said Judge Dunno, where DEFENDANT
has been indicted on a number or ac-
cusations and only one OF them mas
been tried. the other remaining open
for trial 1 think it would be very poor
practice to pronounce Judgment upon
the first conviction But IL the ols-
trict attorney has, as he says, no OBJ
lection to the imposition or judgment
at this time, 1 shall. of course, pass
sentence Eugene E. Smith, stand
up"
arose at the counsel table. His face
was the color of ivory. His lips were
pressed tightly together. He bent his
ewes in a piercing glance on the judge
and never once during the dramatic
moment that followed ola ne crop
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 |
cause to show why Judgment should !
not be passed 2?
Fairall. and as he arose to move for a |
new trial the mayor sat down.
Mr. Fairall read brieriy SIX grounds |
upon which ne wtrial should be |
granted The motion was promptly |
denied, after District Attorney Lang |
inquiry from the court that in the eyes |
of the prosecution the grounds urged |
were wholly insufficient.
1.-THE court does not deem that /
there is any merit IN the motion,
therefore it is denied" said Judge |
Dunno.
Mr.. FairalI excepted to the ruling |
and moved for an arrest of judgment |
enumerating the grounds This mo-
ton was also denied. The court then /
asked IL the defense had any other |
cause to show.
mo other" was the reply.
Judge Dunno turning to Schmitz, who /
had again risen, said:
I'm pronouncing judgment in this case, |
the court has but very little comment |
to make. 1t can be said that the verdict 1
Of the jury IA this case has deeper sig l