Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-07-09

the others remaining open for trial, |
think it would b. very poor practice to
| pronounce Judgment on the first con-
vic1ion But if the district attorney has.
as ho slys no objection to the impos-
| ing of judgment at this time | shall of
course, pass sentence. Eugene f.
| Schmitz stand un.'
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 piercing glance on the Judge
and never once during the dramatic
moments that followed did he drop
them. His shoulders were thrown well
| back and he held his head high
Eugene SchmitZ." said Judge Dunno.
after rcCiting the facts of his trial and
conviction. "havc YOU any cause to
show why judgment should not be
DaSsrd?"
ave have" responded Attorney Fair
ell and as he arose To move for a new
trial, the mayor sat down.
MIR. Farrell read briefly six grounds
upon which Il now trial should be
granted. The motion was denied.
Mr.. Farrell excepted TO the ruling and
moved Tor an arrest OF Judgment. This
motion was also denied.
Tho court then asked if the defence
had any other cause to show.
mo other" was the reply
Judge Dunno. turning to Schmitz, whs
bad again risen, said: '-~~
I'm rronourcing judgment in this case
it can he said that the verdict of the jury
in this case has n deeper significance than
| ordinarily attached to the finding of guilt
1t is Il message to all the people in the
city of San Francisco that law and order
are supreme. that no man. however cxalt-
cd his position or how strong and power
ful the political. social and financial in
fucncrs surrounding him, is above the
law.
"EuGcnc T.. SchmitZ. YOU have hereto
fore occupied the highest office which the
city of San Francisco can confer on one
of its citizens. You We're elevated to that
position because Of the confidence and
trust rcposcd in you by the mass of the"
II am here" interrupted Srhmitz, in n
v"ic" though quiet ana controlled .hat
| carried to the far corners of the room.
to receive sentence at your hands and
not to be Inundated by n lecture which
the newspapers can repeat in print"
At this there was buzz of excitement
and Il shifting of feet on the bare floor
and an eager press forward by the crowd
that was separated from the counsel ta-
bic Ky !; row of occupied chairs. Beyond
pausinE, Judge Dunno paid no attention
to this interruption.
you were elevated to that position, =
say. because of the confidence and trust
inipOScd in yOII-''
Attorney Nelson interposed: eve arc
here to take sentence, rot to be lccturcd.
We
Mr. Mctson." said Judge Dunno warm
~. ''if You interrupt these proceedings
| again will send YOU TO Jail You would
be in far better business if you We're here
begging for u day in court to answer the
charge that you wifully and improperly
| attempted to tampcr with juror in this
case"
Il am ready" responded Nelson .to
answer now or any other time, any
| charge that may be lodged against me. !
take exception to the remarks of tho
court addressed to the defendant and to
the improper and uncallcd for insinuation
| of the court against myself"
| To this Judge Dunno made no reply
| Continued on Page Twelve)