The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1907-07-13
Schmitz Gets Five Years

AltS1 SoLue pieliullnafleS, Cnc COur
called upon Schmitz to stand up.
When the mayor arose his fac,
was the color of ivory, his lips wer
pressed tightly together and h,
bent his eyes in a piercing glance OF
the judge, and never once durin,
the dramatic moments that followed
did he drop them.
His shoulders were thrown wei
back and he held his head up high
The judge asked the usual question
if the defense had any cause to show
why Judgment should not be passed
and was answered by motion for /;
new trial, which was denied.
Attorney Fairall for the defense
excepted to the ruling and moved
an arrest of Judgment. This motion
was denied
The court then proceeded to pass
sentence, but before doing so deliver.
ed scathing arraingment fSchmitz
Judge Dunno said that the verdict
was message to all the people in
San Francisco that law and order
are supreme and that no man, how
ever exalted his station or how strong
land POWERFUL political, social or f.
nancial Influences which surround
him is above law.
Eugene e. Schmitz," said Judge
Dunno, you have heretofore occu-
pied the highest Office which the city
of San Francisco can confer on one
of it's citizens.
"You were elevated to that posi-
tion because of confidence and trust
reposed in you by the mass of peo-
ple."
81 am here" interrupted Schmitz,
to receive sentence at your hands,
and not to be humiliated by lecture
which the newspapers can repeat in
print"
Beyond pausing Judge Dunno paid
no aten tion to this interruption
You were elevated to that position
| say because of the confidence and
trust imposed in you"
Attorney Metson interposed we
are here to take sentence, not to be
lecured We"
"Mr. Metson," said Dunno warmly,
If you interrupt these proceedings
again ! will send you to jail.
"You wou dlbeinfarbe : ETA A
You would be in far better busi-
ness if you were here begging for
a day in court to answer the charge
that you wilfully and improperly at
tempted to tamper with Juror in
this case"
II am ready to answer now or at
any other time, any charge that may
be lodged against me.
II 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 Dunno made no reply.
but turned to Mayor Schmitz AMI re-
sumed:
you were elected to a position
because of the great confidence and
thrus reposed in you by the mass of
the people. You hae by your will
full criminal act, so jury of your
fello wcitizens has declared. broken
that confidence and betrayed that
TRUST"
Schmitz again protested against
the lecture but Dunno took no no
tice.
Therefore" he continued, 'it
may be said the penalty which the
law permits in this case is insufficient
in this case 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 suf-
fer the humiliation of their know
ing of your career of hypocricy, du-
plicity and dishonor."
II stand here as an American cit
izen to demand my rights" inter
posed Schmitz. 81 am not asking
any lieniency at the hands of this
court. | am prepared to receive
sentence.
II ask that your honor do your
duty and pronounce it Immediately
and that ! be not subjected to humil-
iation and degrading remarks which
papers are copying and will print.
81 if n
respect yo Twill proceed with the
sentence"
'It is not unusual" was Dunne's
stinging reply, ''for courts to be
brought into contact with such brazeu
acts of effrontery as in your in the
present instance.
1T is the duty of the court in such
cases to view the conduct of the
convicted felon, with patience and
consideration, not to say pity. By
your conviction you will lose the
respect of all good men and citizens
You will suffer the humiliation OF
knowing, l say, that your career OF
hypocricy, duplicity and dishonol
has been exposed, and that you stand
before those who believed in and
honcred you, morally naked, shamed
and disgraced.
II deny that, cried Schmitz, "the
people of San Francisco know how
| was railroaded through"
Dunno resumed: Morally naked
shamed and disgraced. It is in the
knowledge Of those things rather thar
in any mere term of Imprisonment
in the state Qenttentiary, that the full
measurement of your punishment viii