The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-06-28
DEFENSE MUCH PUT OUT
Both Mayor and Ills Counsel Bitter in
DenunciatiOn.

but Judge Dunno evidently thought a
few days more might be needed by
the prosecution in order to carry out
their political designs, and postponed
sentence for II days, instead of one
week.
IF the motives of the prosecution
are not political, why do they resort
to these dastardly methods? We
asked for an immediate trial some
months ago; it was said by the pros
ecution that I was not in earnest, and
my trial was postponed from time to
time until the prosecution was ready
to secure the jury they wanted and to
have their judge in the proper frame
of mind.
Il was ready in court this morning
| to make motion for new trial ana
take such other legal steps as were
necessary to protect my rights, asking
| no favors and no time from any one,
but demanding only what was right
fully entitled to-an opportunity of
| presenting to higher court in order
that it might review the action and
conduct of Judge Dunno and the pros
ecution during the course of my trial.
Even bail is denied by Judge Dunno,
as have been all of my constitutional
rights.
II charge Judge Dunno with pros
tituting his high and honorable office
and staining the judicial ermine by
! aiding and abetting the political plans
and designs of the prosecution in or
der that the municipal government of
San Francisco and the patronage in
cident thereto may be absolutely i'll
their interests, to the end of securing
valuable franchises for their own Pc
cuniary advantage"
1 Fairalt Grows Bitter.
Former Judge Fairall of the mayors
counsel said:
'The reason given and accepted for
| the request for a postponement OF
judgment was that the prosecution
did not know whether this and posi-.
bly, future sentences should run con
currently OF not If that were the
real reason it would mean that the
defendant would be- held in custody
and the judgment suspended until his
conviction on another charge, which
might never occur.
..It is clear that this was not the in
tention of the court and the prosecu
ton in deferring Mayor Schmitz
sentence today; for they must know
that as matter Of law they could not
suspend the sentence indefinitely tt
Il await another conviction which might
never occur
What, then, was their purpose? II
my opinion it is two-fold; first, tt
prevent the appeal of the mayor to {
higher court, as no application can be
taken until judgment is entered, ant
|, thereby prolong his intermediate i'm
prisonment in the county Jail and 81
] further ambarrass and annoy him.
} Second; they are of the opinion
j that they cannot proceed against ths
mayor to out him from office until a
; least after a judgment of conviction
; and they have agreed among them
, selves who is to succeed the mayor
| and they wish to avoid any conf1ic
among themselves by settling tina
} question before attempting to do any
thing looking toward removal.
J I'm San Francisco law has becom
i byword and constitutional rights
: mockery. The methods adopted b
the committee of safety who ar
; now conducting and directing tn
4 reign of terror are more illegal, al
} bitrary and revolutionary than wer
? those of Danton and Robespierre
There will be many vindications BIZ
z fore public opinion rights itself an
r the law asserts it's sway. The Amel
t ican people, and particularly Sa
a Franciscans, have gone mad on tn
+ subject of graft, and even concedin
e that there have been abuses in thi
community which should be rightet
e the mob spirit which now prevails ha
9 oVerridden and trodden under foot a
e the forms of law by which alone hi
i, man liberty is secured ad the safet