Los Angeles herald., 1907-06-28
.SCHM|Tz' SENTENCE
IS POSTPONED
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take such other legal steps as were nee
essary to protect my rights, asking no
favors and no time from any one but
demanding only what 1 was legally
and rightfully entitled to-an opportun-
ity of proceeding to a higher court in
order that it might review the action
and conduct of Judge Dunno and the
prosecution during the course of my
trial. -lven bail is denied by Judge
Dunno, as have been all my constitu-
tional rights and privileges.
Il charge Judge Dunno with prosti-
tuting his high and honorable office
and staining the judicial ermine by
aiding and abetting the political plans
and designs Of the prosecution, in or
der that the municipal government of
the city and county of San Francisco
and the patronage incident thereto
may be absolutely controlled by them
in the interest of Rudolph Spreckels
and other, contributors to the fund
raised for the prosecution, to further
the securing of valuable franchises for
their own pecuniary advantage"
FairaII Indignant
Former Judge Charles H. Fairall of
the mayors counsel said:
1.-The reason given and accepted for
judgment was that the prosecution did
not know whether this and possibly
future sentences should run concur
rently or not If that were the real
reason 1t would mean that the defen-
dant would be held in custody and the
judgment suspended until his convic-
ton on another charge-which might
never occur.
"It is clear that this was not the in
i L.
ton in deferring Mayor Schmitz' SEN
as a matter of law they could not sus-
pend the sentence indefinitely to await
another conviction which might never
occur.
What then was their purpose? In
my opinion it was twofold:
First, to prevent the appeal of the
mayor to a higher court, as no appeal
can be taken until judgment is entered,
and thereby to prolong his intermedi-
ate Imprisonment in the county Jail
and so further embarrass and annoy
him.
Second, they are of the opinion that
they cannot proceed against the mayor
to oust him from office until at least a
judgment of conviction is entered
against him, and as they have not yet
agreed among themselves as to whom
they will appoint to succeed Mayor
Schmitz when they make the attempt
to remove him, they wish to avoid any
conflict among themselves by settling
that question before attempting to do
anything looking toward his removal.
I'm San Francisco law has become a
byword and constitutional rights a
mockery The methods adopted by the
committee of safety who are now
conducting and directing the reign of
terror are more Illegal, arbitrary and
revolutionary than were those of DAN
ton and Robespierre. There will be
many victims before public opinion
rights itself and the law again asserts
it's sway. The American people, and
particularly San Francisco, have gone
mad upon the subject Of graft; and
even conceding that there have been
abuses in this community which should
be righted, the mob spirit which now
prevails has overridden and trodden
under foot all the forms of law by
which alone human liberty is secured
and the safety of the state rendered
possible"
District Attorney Langdon when
asked concerning the charge that the
prosecution asked for postponement of
the mayors sentence in order to secure
time in which to agree upon his sue
cessor answered smilingly:
"Our reasons were stated when the
request was made. We have some
plans but it would not do to divulge
them now"