Omaha daily bee., 1907-07-09
REETED WITH LOUD CHEERS
Court Room at Once Cleared by
Deputies.
INTERRUPTS JUDGE
Mayor Objects to Lecture from the
Bench.
STATUS OF THE OTHER CASES
District Attorney Langdon is Unable
TO Say when They VIII
he Called for
Trial.


Trial.
SAN FRANCISCO. July s.-Mayor eugene
schmitz, convicted Of extortion. was today
sentenced to nve years In the pententisry
When the sentence was pronounced there
was a remarkable outburst OF applause
from the hundreds of persons who crowded
Judge DUNES court room.
Judge Dunno sentenced Mayor schmitz 70
imprisonment In San Quentin penitentiary.
Sentence today followed the recent convic-
tion of Schmitz for extorting H,lTb from
French restaurant keepers OF San Fran
cisco.
As the last words OF the sentence fell
from the judges lips the great crowd that
had stood throughout the dramatic scene
sent up a thunderous cheer.
GOOD for you.r shouted man in the
back of the ROOM His ejaculation was
echoed and 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 un-
seemly occurrence"
Orders Cheering 10 Stop,
Well" retorted Judge Dunno with spirit
"if we had a sheriff worthy Of the name it
would have been stopped instantly"
Sheriff Thomas oNeil was standing inside
the rail- He turned to the court and pro-
tested:
Nobody could have stopped that, your
honor"
Special Agent Burns of the prosecution
led a number of bailiffs and said:
Clear the court room; clear the court
room"
But only a hundred of the curious and
apparently delighted men obeyed the sharp
order. Some of them were hustled uncere-
monously out into the Railways. About 100
others kept their vantage places around the
counsel table, but Schmitz sat debating a
statement to the newspaper mon.
The dramatic atmosphere was heightened
by O staff OF newspaper men photographers
who exploded nnshlsht after flsshlight un-
I'll the court room was so filled with smoke
that 1t became sitting.
The sentencing OF the convicted mayor
was In one respect without a parallel in
the criminal annals Of San Francisco.
schmitE Interrupts Court.
Half dozen times Judge Dunno was in
terrupted by schmitz, who protested in
strong words against the delivery of
lecture" instead OF the pronouncement of
Judgment He accused the court of un-
necessarily humillating him and giving OPP
portunity for further humiliation by the
reporting of his remarks in the press. once,
replying to the prisoner, Judge Dunno said:
Such brazen effrontery was probably no
more than should be expected and It was
the duty of the court TO bear II In pa
tience."
At another time Attorney Metson, of the
defense, interposed a vigorous objection in
support of his client. Ito the courts lee
ture,"
Judge Dunne's reply was that Mr. Metson
instead of interrupting the proceedings.
ought to be given a day in court TO an
swer the charge that he had attempted to
tamper with the jury which convicted
Schmitz
Metson. restraining himself. calmly an
swered in the same spirit. saying that he
was ready to answer to any charge that
was made against him. Judge Dunno
warned Metson that another interruption
would provoke Jail sentence for con-
tempt.
posed of Some matters preliminary TO the
from the calendar:
"Tho people against Eugene t. Schmitz,"
District Attorney LAngdon and Attorney
Falran answered in unison ready"
Judge Dunno inquired OF Mr.. Langdon
whether It was his present intention to
proceed with the trial of the other four ex-
tortion cases against schmitE The district
attorney replied that there were many
other graft cases on the calendar and that
he was unable 10 say at this time whether
the four extortion cases would be pressed
OF not, but" he concluded, "the counsel
has no objection to the passing Of sentence
at this time"
"Under ordinary circumstances" salA
Judge Dunno, where a defendant has been
indicted on a number of accusations and
only one OF them has been tried. the
others remaining open for trial. / think
Il would be very practicable 10 pronounce
Judgment upon the irst conviction. But II
the district attorney has, as he says. no
objection 10 the imposition of Judgment
at this time l shall. OF course. pass sem
tence Eugene f. schmitE. stand up"
schmItE Obeys the Court.
Ine long Dlhch-Dehiueu pIiHoneI htobo
at the counsel table. His face was the
color Of ivory; his lips were pressed tightly
together. He bent his eyes in a 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 i4gh.
Eugene e. Sohmitz." said Judge Dunno.
after reciting the facts Of his trial and con-
xIction sshave Won any cause N show Whv
judgment should not be passed."
I'VE have" responded Attorney Fairal.
and as he arose 70 move for a new trial
the mayor sat down.
Mr., Fairall read briefly six grounds upon
which a new trial should be granted. TIE
motion was promptly denied after Dis
trict Attorney Langdon had replied, after
a word OF inquiry 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 II is denied" said
Judge Dunno.