The Elbert County tribune., 1907-07-11

called from the calendar: THE 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-
ton TO proceed with the trial of the
other four extortion cases against
Schmitz The district attorney replied
that 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
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 defendan;
has been indicted on a number of ac-
cusations and only one of them has
been tried the others remaining open
for trial. think It would be very i'm.
pracucaple to pronounce judgment
upon the frst conviction. But If ths
district attorney has. as he says, no oh.
lection to the imposition of judgment
at this time, / shall. of course, pass
sentence. Eugene l.. Schmit2, stand
up"
'Slos tbs 1cdu ftigh.
The large, black-beareded prisoner
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 f. Schmitz." said Judge
Dunno, after reciting the facts of his
trial and conviction, have you cause
to show why Judgment should not be
passed."
I'VE have" responded Attorney
Fairall, and as he arose to move for
new trial the mayor sat down.
Mr.. Fairall read briefly six grounda
upon which a new trial should be
granted. The motion was promptly
denied, after District Attorney Long
don had replied. after a word of in
quiry 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 Of judgment,
enumerating the grounds. This motion
was also denied.
The court then asked IL the defense
had any other couse to show.
mo other" was the reply.
Judge Dunno. turning 10 Schmitz,
who had again risen, said: In pro.
nouncing judgment in this case tho
court has but very little comment to
make. 1t can be said that the verdict
of the jury in this case has deeper
significance than ordinarily attaches
to the finding of guilt. It 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.
ful the political. social and financial
influences surrounding him, is above
the law. Eugene Il. Schmitz. you have
heretofore occupied the highest Office
which the city of San Francisco can
confer on one of its citizens. Yor
were elevated to that position because
of the confidence and trust reposed II
you BY the mass of the"
81 am here" interrupted Schmltz, IL
voice which. though quiet and con
trolled. carried to the far corners OF
the room. 'to receive sentence at youi
hands-and not to be Inundated by a
lecture which the newspapers can re
peat in print"
At this there was a buzz of excite
pent and shifting OF feet on the bare
hoor and an eager press forward by
the crowd that was separated from the
counsel tables by a row of occupied
chairs. Beyond pausing, Judge Dunno
paid no attention to the interruption.
You were elevated to that posi-
tion. | say. because of the confidence
and trust imposed in you"
Attorney Matson interrupted: 1--WE
are here to take sentence" he said
mot TO be lectured. We"