Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-09

mot to be lectured We"
Mr.. Metson," said Judge Dunno
warmly, ''if you interrupt these pro-
ceedings again l will send you To jail
You would be in far better business If
you were here preparing for a day
in court to answer the charge that
you willfully and improperly attempt
ed to tamper with juror in this
case"
Il am ready responded Metson,,
ito answer, now or any other time,
any charge that may be lodged against
me- l take exception to the remarks
of the court addressed to the defend
ant and to the improper and uncalled-
for ~insinuation of the court against
myself"
To this Judge Dunno made no re-
ply, but, turning to the mayor, he re-
sumed
"You were elevated to the position
because of the confidence and great
trust reposed in you by the mass of
the people You have by your willful
criminal act so a jury of your fellow
citizens has declared. broken that con-
fidence and betrayed that trust"
Here Schmitz stood up again, pro-
testing against the lecture" the court
notice.
Therefore" he continued, sit may
be said that the penalty which the law
permits in this case is insufficient to
meet the demands of justice. 1t may
be suggested, however that by your
conviction you will lose the respect
and esteem of all good citizens and
men; that you will suffer the humil-
| iation of knowing that your career of
| hypocrisy, duplicity and dishonor"-
Il stand here as an American citi-
zen to demand my rights interposed
SchmitZ TIN not asking any LEM
iency at the hands of this court. / am
prepared to receive sentence. | ask
| hat your honor do your duty and
pronounce it Immediately and that
| be not subjected to humiliation and
degrading remarks which all the pa
pers are copying and will print, |
say IL your honor has any self-respect
you will proceed with the sentence"
ut Is not unusual" was Judge
Dunne's stinging reply, "for courts to
| be brought into contact with such
| braZen acts of effrontery as yours In
| the present. 1t is the duty of the
court in such cases to view the con-
duct of a convicted feion with pa
| tience and toleration. not to say pity.
| BY your conviction you will lose the
respect and esteem of all good men
and citizens. You will suffer the hui
initiation of knowing, | say, that your
| career of hypocrisy. duplicity and dis
honor has been exposed and that you
| stand before those who believed in
and honored you, morally naked
shamed and disgraced"
II deny that" cried Schmitz. "The
people of san Francisco know how I
was railroaded through"
Judge Dunno resumed Morally
naked, shamed and disgraced. 1t is in
| the knowledge of these things rather
than in any mere term of mprison-
| ment in n state penitentiary, that the
full measure of your punishment be
| found.
It is the Judgment Of this court that
| you be confined I'm the state prison al
| San Quentin for a term of five years "
| Then. as If in direct and contempt
uous reply to the prisoners denial of
| moment before. the big crowd turn
ed loose its feelings in a cheer that
| ratified the windows and drowned the
| sharp rapping of the baillff for order
| Immediately after resuming his seat
/
the following statement 10 the Asso-
ciated Press:
"The court wherein / received my
sentence for the charge Of extortlon
| again demonstrates, and more clearly
than anything else that II has hereto
fore done, a charge made upon my
| immediate return from the east. that
| Judge Dunno was prejudiced against
me and that Il was impossible to se-
cure in his court a fair trial. The
animus that he has treasured in his
heart for some time came clearly and
positively to the surface this morning.
have never asked for lenlency, but
| have expected. as every American
citizen has the right to expect JUS
tice. ask the people to withhold
their final judgment In this matter
until the iniquitous proceedings which
have been held in Judge, Dunne'S
court since the beginning of my trial
shall be brought before the highest
court.
/ Il have never asked for mercy, and
before a court where / did not receive
a fair trial l certainly did not expect
lit. / intend not only 10 fight this
case step by step, but all the charges
that have been brought against me,
and with the knowledge In my own
conscience OF my entire innocence,
expect to be successful In the contest.
"I now repeat what | have stated
already, that | Will be n candidate for
mayor Of the city and county of San
Francisco this fall. when the people OF
San Francisco will have an dppor-
tunlty by their votes Of demonstrating
whether they believe me guilty or In
nocent. The people are an right. |
am satisfied to leave my case wkh
them"
Judge Dunno continued for one
week the four extortlOn cases on
which Mayor schmitz has not yel
been tried.
Immediately after the passage OF
sentence. Attorney Fairal asked thai
Schmitz be admitted to bail pending
an appeal. This application will be
heard formally at 10 o'clock tomOr.
row morning. Bills OF exceptions
we're then filed and Judge Dunn,
granted certificate OF probable
cause, enabling sehmitz to carry e
the district court of appeals his mo
tion for n new trial.
District Attorney Langdon was ask
ed II he desired n mako any state
meht He replied: "No The fact
speak for themselves. Any statemen
that the prosecution could make a
this time would be an anu-ellmax." 4"
Mr.. Langdon said the prosecution
would be prepared 4 little later to an
nOunco whether or not the other fOu
extortion cases against Schmltz are 4
be prosecuted Il IL unofflclally un
! derstood that they were TO be dis
missed now, that sentence has beei
pronounced upon the first conviction