The Montgomery advertiser., 1907-07-09
JUDGES TER
 RIBLE TONGUE
toontlnued from Page One,


 taAper with juror in this case." T am ready" responded Nelson, "to answer now or any other time. any charge that may be lodged against me. I take exception to the remarks of the court addressed to the defendant and to be the improper. and uncalled for in- situations of the court against myself"
 To this Judge Dunne made no reply. but turning to the Mayor he resumed:
 You were elected to position be- cause of the great confidence imposed in you by the mass of the people. You have by you'd wilful criminal act, so jury of your fellow citizens has de- clared. broken that confidence and be- trayed that trust"
 Here Schmitz spoke up again, pro- testing against the lecture" the court was imposing" Judge Dunne took no notice.
 Therefore" he continued, ''it may be said that the penalty which the law permits in this case is sufficient to meet the demandsN of justice. It may be suggested, however. that by spected esteem of all good citizens and men; that you will suffer the humilia- tion of knowing that your case is of hypocrisy and dishonor."
 Schmitx Demands Rights.
 T stand here as an American citi- zen to demand my rights" interposed Schmitz. q am not asking any lem iency at the hands of tbis court. I am prepared to receive sentence. I ask that your honor do your duty and pro- nounce it immediately and that I be not subjected to humiliation and de- grading remarks which the papers are copying and will print. I will say if your honor has any self respect you will proceed with the sentence"
 Tt Is not unusually was Judge Dunne's stinging reply, flor courts to bc brought into contact with such brazen acts of effrontery as yours in the present instance. It is the duty of the court in such cases to view the conduct of a convicted felon with pa ttence and federation, not to say pity. By yohr conviction you will lose the respect of all good men and citizens. You will suffer the humiliation of knowing, I say, that your career of hypocrisy, duplicity and dishonor has been exposed and that you stand be- force those who believed in and hon. ored you morally naked, shamed and disgraced."
 T deny that" cried schmitz. "the people of San Francisco know how I was railroaded through"
 Judge Dqnne resumed.
 Morally naked, shamed and dis graced. It Is in the knowledge of these things rather than in any mere term of imprisonnfent in a State peni- tentiary, that the fun measure of your punishment be found.
 Tt Is the judgment of this court that you be confined in the State prison a San Quentin for a term of five years"
 Then, as if Tn direct and contemptu ous reply to the prisoners denial of a moment before. the big crowd turned loose it's feelings in a cheer that rat tied the windows and drowned the sharp rapping of the bailiff for order.
 Immediately after resuming his seat at the counsel table. Schmitz dictated the following statement to the Asso- ciated Press:
 schmitz Dictates Statement.
 "The court wherein received my sentence for the charge of extortion again demonstrates and more clearly than anything else. that 1t has hereto fore done, a charge I made upon my immediate return from the East. that Judge Dunne was prejudiced against me and that 1t was impossible to se- cure in his court a fair trial The an linus that he has treasured in his heart for some time came clearly and posi- lively to the surface this morning. l have never asked for leniency but have expected, as every citizen has a right to expect. justice. I ask the peo- pIe to withhold their final judgment in this matter until the iniquitous pro- ceedings held in Judge Dunne's court since the beginning of my trial, shall be brought before the highest court.
 q have never asked for mercy and before a court wherein I did not re- ceive @ fair trial. I certainly did not