The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-09
. YEARS FOR MAYOR SCHMITz
COURT ROOM CROWD CHEERS as
SENTENCE rs IMPOSED.


Many Times with tho Domand That
HE no Humiuatod No Further.
SAN Francisco. July s.1Mayor Eugene
z. Schmitz. convicted of extortion. was
sentenced to-day to Ave years in the san
Quentin p~enitentiary.
When sentence was pronounced there
was an outburst Of applause from the
hundreds who crowded Judge DUNES
court room. Sentence followed the recent
conviction Of Sohmitz for extorting 3i.i75
from French restaurant keepers.
AZ the last words fell from the Judges
lips the crowd sent up o cheer. Good
for youl" shouted q man In the back of the
room. Several men threw their hats into
the air and som stood on chairs TO look
over the shoulders of the crowd.
Attorney Fairall Of the defence. raising
his voice above the din. called out to Judge
Dunno: your Honor. this cheering is a
very unseemly occurrence
Well" rstorted Judge Dunno with spirit.
IL we had q Sheriff worthy OF the name IL
would have been stopped instantly
! Sheriff Thomas 0'Nein was standing in
side the rail. He turned to the Court and
protested. Nobody could have stopped
that. your Honor"
Special Agent Burns Of the prosecution
led a number of bailiffs and cried: Clear
the court rooml Clear the court rooml"
Som Of the disturbers were hustled into
the hallway. but about 100 others kept their
places around the counsel table. at which
Schmitz sat. debating a statement 10 tho
newspaper men.
The sentencing OF the convicted Mayor
was in one respect without q parallel in
the criminal history. OF San Francisco.
Half a dozen times Judge Dunn was inter-
rupted by Schmitz, who protested In strong
words against the delivery OF q lecture"
instead OF the procurement OF judgment.
He accused the Court Of humiliating him
unnecessarily and giving opportunity for
further humiliation by the reporting OF his
remarks In the press. Once, replying TO
the prisoner, Judge Dunne said:
u brazen ~efrontery was probably
no more than should be expected, and IL was
the duty OF the Court to bear it In patience"
The Mayors lawyers will appeal to the
State Appellate Court tomorrow. basing
the appeal on exceptions to Judge DUNES
rulings and the prejudice Of the public, which
they allege made it impossible to get an inn
partial jury. The appeal makes 5000 words.
Tomorrow also Schmitz will make an APP
plication for bail.
After Judge Dunno had denied the Mayors
counsel a new trial he began his sentence
as follows:
In ~pronouncing judgment the Court
has only brief comment to make upon
your conviction. II can be said that the
verdict OF the Jury in this case has a deeper
Significance than il ordinarily attached
i w Nllt ullNlillN " llIl II v = a fIl-tSttlc W MI
people that in San Francisco law and order
are supreme; that no man.. no matter how
eSalted his station or how strong and rover
ful the social and financial influences viii n
sur, o''nd him, Is alb We the law.
"You have heretofore occupied the high
est Office which the city OF San Francisco
had to confer on one Of it's citizens. You
were elevated to the position because Of the
confidence and trust imposed in you by the
mass OF the people.
You have, by your wilrul. criminal act,
as "A jury OF your fellow citizens has de-
clared. broken that confidence and betrayed
that trust"
At this point schmitz interrupted: IF
your Honor please, and with due respect
Tor the dignity OF the Court, I desire 10 pro-
test. l am here to receive sentence and not
10 be Inundated by a lecture from you AZ
that the newspaper may spread. IL 10 the
four corners OF the globe tomorrow morn
ing | demand as n right, l demand as
an American citizen, that o proceed
Judge Dunno paid no attention to this
interruption. He proceeded with his COM
ment, though the court room was ia an
uproar. Schmitz glared at the Judge
and waved his hands. but Judge Dunno
still paid no heed. At last Schmitz sat
down Judge Dunno returning to where
he had been interrupted proceeded with
the sentences:
Therefore, it may he said that the penalty
which the law permits In this case in in
sufficient to meet the demands Of justice
1T is suggested. however. that by your
conviction you will lose the respect and
esteem OF all good men"
Il desire to repeat my demand" said
Schmitz. that this lecture be stopped.
| have not come here TO AJAX leniehcy, and
| do not care to be further Inundated"
w will make objection and take ex-
ception to the conduct AMI the words Of
the Court" interrupted Attorney Nelson.
Il will not tolerate these Interruptions
replied Judge Dunno. lie then three enCl
Lawyer Nelson with Jail If he again inter
rupted.
Dunn after quiet hadI been restored. that
by your conviction you will lose the respect
and esteem OF all good men, that you will
sutfer the humiliation of knowing that
your career OF hypocrisy. duplicity and
This singing rebuke again brought
Schmitz to his feet. His lace was Hvid
with rage. At first he could hardly pro-
nOunoe his words. He suffered and
waved his arms. hut finally. pointing his
finger direct at Judge dunno. demanded
in words hat could he heard far away thai
sentence proceed How long" he shouted,
lis this thing to continue? Pronounce
your sentence and let's have done with
these humiliating remarks
The Sherfi rdpIed for order. Sahmitz
took his s,,at and ll"' Judge continn.d
-You will suffer the humiliation Of kn w.
ing that your carecr Of hyI ocrisy. dupilcty
and dishOnor has ls-cn EXPOSED and that You
stand before those who believed la and HON
Ord you morally naked. slGtm.d and dis
graced.
at Is the Judgment of the court that you
he confined in tho State prison mt San Quen-
tin for a period of Ave years"
After his sentence the Mayor Gsid 10 had
been impossible TO get a fair trial and he
asked the public to withhold Judgment
until he had been Justly tried, He then 70
iterated hat he YOU again le Il candl-
| date for Mayor.