The Dolores star., 1907-07-12

called from the calendar: fhe reo-
pIe vs. Eugene e. eshmits." Dostyiet
Attorney Langdon and Attorney BAiv.
all answered In unison. Ready
Judge Dunno inquired Of Mr.. Lang
hon whether II was his present inten-
tson TO proceed with the trial q tie
other four extorti0n cases aoAinu
echmitx. The district attorney replied
that there were 20 many other graf
cases ON the calendar that he was I'M
able to say at this time whether the
four extortion cases would be pressed
or not, but" he continued. "the prose-
cution has mo objection to the passing
Of sentence at this time"
Under ordinary circumstances.
said Judge Dunno, where q defendant
has been indicted on number Of &C.
cusations and only one OF them has
been tried the others remaining open
for trial, / think It would be very i'm
practicable to pronounce judgment
upon the first conviction But II the
district attorney has. as he says. no OBJ
lection to the imposition OF judgmen.
at this time, shall, OF course, pas.
sentence. Eugene E. Schmitz, stano
up."
Holds His Head High.
The large, black-beareded prisone:
arose at the counsel table. His face
was the color OF putty. His lips were
pressed tightly together. He bent his
eyes in a 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 E. Schmitz," said Judge
n,,~rn uFtor rnrfttn1 Tim 70 rtu ~ htu
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
q new trial the mayor sat down.
Mr.. Fairall read briefly six grounds
upon which 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
II Ia denied" said Judge Dunno.
Mr. Fairall excepted to the ruling
and moved for an arrest CT Judgment,
enumerating the grounds. This motion
was also denied.
The court then asked II the defense
had any other couse to show.
mo other" was the reply.
Judge Dunno, turning to Schmitz,
who had again risen, said: In pro
nouncing judgment In this case the
court has but very little comment to
make. 1t can be said that the verdict
of the jury In this case has a deeper
significance than ordinarily attaches
to the finding of guilt. 1t is 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
full the political, social and financial
influences surrounding him, is above
the law. Eugene e. Schmitz, you have
heretofore occupied the highest once
which the city of San Francisco can
confer on one of its citizens. You
were elevated to that position because
ofsthe confidence and trust reposed In
you by the mass of the
Il am here" interrupted Schmitz, n
a voice which. though quiet and con-
trolled. carried to the far corners Of
the room. ito receive sentence at your
hands-and not to be humiliated by q
lecture which the newspapers can re-
peat In print"
At this there was buzz of excite
ment and shifting of feet on the bare
floor and an eager press forward by
the crowd that was separated from the
counsel tables by row of occupied
chairs. Beyond pausing, Judge Dunno
paid no attention to the interruption.
You were elevated to that posi-
tion. l say, because of the confidence
and trust imposed in you"
Attorney Matson interrupted: I'VE
are here to take sentence" he said,
mot to be lectured. We"