The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-09
FIVE YEARS, in PRISON
PUNISHMENT FOR SCHMITZ
Continued from Page One.
Court Rubs It In.

graced. It is % in the s1'no Inowiedge I%G oS Of
these things rather than in any mere
term of imprisonment in a State pen
itentiary, that the full measure of your
punishment be found.
"It is the judgment of this court
that you be confined in the State
prison at San Quentin for term Of
five years
Then, as if in direct and contemp-
tuous reply to the prisoner s denial Of
a moment before, the big crowd turned
loose its feelings in a cheer that rat
tied the windows and drowned the
sharp rappinG of the baililf for order
Immediately after resuming his seat
at the counsel table Schmitz dictated
the following statement to the Asso-
ciated Press:
"The court wherein I received my
sentence for the charge of extortion
again demonstrates, and more clearly,
than anything else that it has hereto
fore done, charge ] made upon my
immediate return from the East, that
me and that 1t was impossible to secure
IN his court fair trial. The animus
that he has nurtured in his heart for
some time came clearly and positively
TO the surface this morning ] have
never asked for leniency, but | have
expected, as every American citizen
has the right TO expect, Justice 1 ask
the people to withhold their final iudg-
ment in this matter until tho iniqui-
tous proceedings which have been held
in Judge Dunne's court since the be-
ginning of my trial shall be brought
before the highest court.
Will Fight for Liberty.
81 have never asked for mercy, and
before court where ! did not receive
fair trial / certainly did not expect
it. intend not only to fight this
case step by step against all the
me, and with the knowledge in my own
conscience of my entire innocence,
expect to be successful in the contest
now repeat what l have stated
already, that [ will be a candidate for
mayor of the city and county Of San
Francisco this fall, when the people Of
San Francisco will have an opportuni-
ty by their votes of demonstrating
whether they believe me guilty OF in
am satisfied TO leave my case with
them -
Judge Dunno continued for one week
the four eNtortion cases on which
Mayor Schmitz has not yet been tried.
Immediately after the passing of
sentence, Attorney Fairall asked that
Schmitz be admitted to bail pending
an appeal. This application will be
heard formally at 10 o'clock tomorrow
morning; Bill of exceptions was then
hled and Judge Dunno granted GER
tidcate of probable cause, enabling
Schmltz to carry to the district court
of appeals his motion for new trial.
District Attorney Langdon was
asked If he desired to make any state
ment He replied:
NO The facts speak for them
selves. Any statement that the prose
eutlon could make at this time would
be an anti-climax.' -
Mr., Langdon said the prosecution
would be prepared little later to an
nounce whether or not the other four
eXtortlon cases against Schmitz are to
he prosecuted IT is unoficially under
stood that they are to be dismissed, as
nothing of account could be gained in
the way of additional imprisonment by
trying them, now that sentence has
been pronounced upon the first con
victioD.
Selecting Glass Jury.
In Judge LAWYERS court six Of the
twelve jurors TO try Vice President
Glass were finally selected and sworn,
after the prosecution used two peremp.
tory challenges and the defense four.
To the former three arbitrary chal-
lenges remain, and to the latter six.
They days progress was in sharp con-
tradiction to the slow and wearisome
course dragged ont in the jury getting
preliminaries of the Ruef and Schmitz
cases.
District Attorney Langdon, Assistant
District Attorneys Heney and Ogara
and Charles w. Cobb. Mr. Heney's law
partner, were present for the prosecu-
ton. Attorneys D. NJ Delmas, r. c.
Coogan and Heney c.. McPike. the lat
ter of whom was associated with Del
mas in the Thaw trial, represented the |
defense. There was complete alb
sence of the spirit of pickering that
the Ruef and Schmitz
trials and frequently led to unpleasant
between bench and bar as
well as between opposing counsel.
In all, eighteen veniremen were ex-
amined during the day. Twelve of
these qualified as to cause.
1t is expected that the Jury may be |