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ArJMHKIi 338 . PRICE: f^I^IS 65 CENTS HENEY OPENS FORD TRIAL Prosecutor says he will prove him guilty DECLARES UNITED RAILROADS PAID BIG SUM Assistant District Attorney Outlines Case and Asserts He Can Prove That Money Went to Su pervisors By Associated Press. BAN FRANCISCO, Sept. 23.— Francia J. Heney today in a forty-flve-minute state ment outlined to the Jury which Is to pass upon the guilt or Innocence of Chief Counsel Tlrey L. Ford of the United Railroads the evidence the prosecution proposes to submit In proof of the charges that he bribed Supervisor Thomas F. Lonergan in the sum of $4000 to vote for the trolley franchise. It is the assertion of the prosecution that Ford, with the active help of his assistant, William M. Abbott, and by the orders of President Patrick Calhoun of the defendant corporation, paid Abe Ruof, the former political boss, $200,000; that Ruef kept $65,000 as his share, and through the mediums of Supervisors "Jim" Gal lagher, Andrew M. AVilson (now railroad commissioner), bribed seventeen of the eighteen members of the board of euper visors, Gallagher receiving $15,000, Wilton $10,000 and the other fifteen getting $4000 each; also that the share of the $200,000 delivered by Ruef to Mayor Eugene E. Schmltz was $50,000. The only supervisor who got nothing, according to the prosecution, was Rea. Mr. Heney's outline statement did not contain any of the sensational surprises which rumor has been long busy Jn hint ing at. Mv I tally Left Out Perhaps to his auditors the feature of It was the omission instead of the Inclusion of Calhoun's nephew, Thornwell Mullally, acting general manager of the United Railroads. Heney's synopsis seemed to studiously avoid any reference to him as a participant in the carrying out of the alleged bribery. The defense subsequently commenting upon Heney 'a statement, whi'.e not deny ing that "it might look very strorg cir cumstantially from the viewpoint of the other side, only that aide having as yet been heard from," reaffirmed Calhoun's original declaration that no officer or person acting in behalf of the United Railroads ever paid a bribe to anyone, that it never was denied that the com pany "did pay a fee to Ruef." They denounced "the proposal of the prosecution as- declared In Mr. Heney's statement to convict us of crimes we never committed by the testimony of boodlers who confess that they arranged among themselves the division of a fee legally paid to a lawyer, who they say controlled them." Only one witness was examined today, the assistant clert of the board of super visors, who established by his testimony the passage of the trolley franchise. It has been announced that the flret witnern tomorrow morning- will be former Super visor Lonergan. Big Crowd Present The great interest felt In the trial of Ford was manifested today by the gath ering of great crowds at Temple Sherith Israel. On account of scheduled religious services it had been announced at last Friday's adjournment that when the trial should be resumed at 2 o'clock Monday it would be held, for the day, in Judge Dunne's department. Long before the opening hundreds of men and a score of women blocked the corridors thereto, so closely wedged that even court officials were unable to get through. In the meantime Judge Lawlor found that he could occupy his own department, the large auditorium of the synagogue up stairs. The crowd downstairs did not find this out until a few minutes before the open- Ing of the session. Then they made a rush up the wide marble stairway, only to find that the choice pews were already filled. When the jury was called" at 2:15 o'clock and Assistant District Attorney Francia J. Heney rose to make the opening state ment for the prosecution every seat with in hearing distance was filled and more eager people were constantly arriving. With the indictment in his hand Heney began the presentation of the case for the prosecution. He declared the prose cution expected to prove that Tirey L. Ford paid to Supervisor Thomas Ldner ran the sum of $4000 to influence his ac tion upon the application for an over head trolley franchise for the United Railroads. He said: "We do not expect to prove that this offer was made in so many words, but we do propose to prove that the offer was made to Lonergan by Supervisor Wilson, who in turn was authorized by Galla gher, who was authorized by Ruef, who •was authorized by Ford." Begun In May, 1906 Heney then stated that he expected to prove that negotiations looking toward the bribery of these supervisors had been commenced in February or March, 1906, and that the after proceeding, to some extent, had been dropped because of fail ure to agree upon the amount of the bribes to be paid to the supervisors. After the earthquake, however, accord ing to Heney's statement, Ruef advised Gallagher that the people seemed to be Jn such a frame of mind that the fran chise would probably be easily secured. Thereupon, according to the outline by Heney, an agreement was entered into whereby Ruef and Gallagher fixed Lie Ztl\ amount to be paid at $85,000 as the share for the supervisors, with the ex ception of Gallagher and Wilson, who, like Ruef and Schmltz, were to receive more than the specified $400 apiece. Coming down to details, he * ft l"' m< : a that he would prove that Ruef had held conferences with Calhoun, Ford and Mul lally In Calhoun's house; that Ruef wa? with Treasurer Starr when the latter visited the United States subtreasury and drew $5000 In currency, with the remark that he was going 10 lend Ruef a couple of thousand of it. Heney declared his ability to prove that of the first $123,000 deposited in the tub treasury to the credit of the United Rail roads by eastern associates he had baen able to trace every dollar into a legiti mate use. He charged, however, that a second deposit of $200,000 had been made at the subtreasury after the supervisors had finally passed the ordinance granting the overhead trolley franchise. This amount he said was deposited on May 22, 1906, the day after the ordinance was finally passed. He charged that Cal houn, subsequent to this date, went to Superintendent Leach of the mint anJ arranged that this money should be wlth- (Coatlnmed on Pace Two.) Los Angeles Herald. THIS HEN WITH WOODEN LEG NO NATURE FAKE Plump Plymouth Rock Wears Artl. ficial Member and Manages to Scratch as Vigorously as Any Other WINSTBD, Conn., Sept. 23.— A fine plump Plymouth Rock hen lives and thrives here, although she has a wooden leg. Lewis Ives, employed by the Gil bert Clock company, owns the hen, and proudly display's her in his back yard on North Main street. When the Plymouth Rock was a month old a rat gnawed off one of her legs. Mr. Ives wished to save the handsome bird, which promised to be a prize winner, so he made a wooden leg for her. Of course, as she grew he had to make longer and longer wooden legs for her; but today the hen's attitude Is not stilted in the least. She stands on her wooden leg and scratches for food with her good leg with double vigor. When she roosts she wears her wooden leg, of course. She lays egga industriously, and her chicks have two legs. "This proves that kind Nature takes care of those who prefer the brown meat of chickens," said Mr. Ives, gratefully, today. GIL T PAINT IN MINE JOKE ON JOKES! ERS PRESS HUMORISTS SEE "RICH" VEIN OF ORE Train Delayed by Breaking of a Coupling, and Funny Men Reach Camp in the Cold, Gray Dawn of the Morning After Special to The Herald. GOLDFIELD, Sept. 23.— America's jol liers Jumped into Goldfleld and jollied a few joshes off the Josh tree yesterday. Their train was late, reaching camp early yesterday morning, after having been delayed by the breaking of a coup ling. Only a few of the tired Jokesmiths crawled out of the bunks "and followed the reception committee to the banquet which had been prepared for them. The day's program included a trip to the Mohawk mine, where streaks of gold had been painted with gilt paint on the rocks. This held the humorlstß In won dering amazement at. the richness of the ore. A fistic carnival was given In the even- Ing at the Hippodrome theater, after which a few of the venturesome ones gamboled in and out of some of the gilded palaces of chance The visitors took Goldfleld very seriously, and even re fused to make an exhibition Joke for tho benefit of the natives. They are all Im pressed with the possibilities of making fortunes, especially after seeing the Mo hawk mine. The local press club provided large quantities of buttermilk and grenadine punch, and the visitors are all going back in good condition. ¦ i «» CASES OF PLAGUE IN THE NORTH, 42; DEATHS, 24 Prevention of Outbreak Assured, Say Authorities — Disease Probably Will Not Be Stamped Out for Some Time By Associated Press. SAN FRANCISCO, Sept. 23.— Dr. Rupert Blue of the marine hospital service, and President William Ophuls of the city board of health today united In the following statement relative to the bubonic plague situa tion: "From our knowledge of plague the prevention of a sudden outbreak in epidemic form can be predicted with assurance, but a certain number of cases will continue to occur for a con siderable period in spite of all pre ventive measures." The list to date is as follows: Num ber of identified cases forty-two, deaths 24, suspects under observation and not yet verified twenty-five. SECOND CHARGE MADE AGAINST MEXICAN Suspect Held in Jail at Phoenix Since Saturday Without Warrant Is Accused of Larceny from Mails Ej- Associated Press. PHOENIX, Ariz., Sept. 23.— A warrant was secured from Justice Rltchey in Tuc son by United States District Attorney J. L. B. Alexander and served today on Yves C. Lelevler, who has' been held since Saturday without a warrant by the direction of Alexander. The warrant charges the larceny of two checks from the Mexican mails, as did the former proceedings, which ended Sat urday with the discharge of the accused. It is announced habeas corpus proceed ings will be instituted in the prisoner's behalf tomorrow. Reports from Douglas, Lelevier's home, say that indignation meetings will be held and a protest sent to Washington. COURT OF APPEALS HOLDS THAT RATE LAW IS VALID Case Against Great Northern Railroad in Rebate Cases Is Won by the Government and Judg ment Stands By Associated Press. DENVER, September 23.— 1n an opinion announced today by the United States circuit court of appeals, sitting in Den ver, the Judgment of the district court for Minnesota against the Great North ern railroad in the rebate cases was prac tically affirmed. The circuit court holds that the Hep burn act is an amendatory and not a re pealing act, that insofar as it repeats or reproduces portions of the Elklns act, It continues them In force and makes no break in the law, and that Insofar as it omits or changes provisions of the El kins act It repeals them. TUESDAY MORNING, SEPTEMBER 24, 1907 STANDARD IS ON DEFENSIVE CLAIMS INDEPENDENTS FIRBT CUT PRICES TREASURER TILFORD AGAIN TAKES STAND Questions of Counsel for Oil Trust In. dlcate Octopus Will Make a Hard Fight Against Government's Accusation The line of defense of the Standard Oil company of New Jersey to the alle gations made by the federal grovern ment in Its suit against the company was Indicated In the hearing today when W. H. Tilford, treasurer of the Standard Oil company, was cross examined on the witness stand by John G. Milburn, chief counsej for the defense. Mr. Mllburn's interrogatories to the witness were designed to show that In the oil fight in Colorado between the Standard and the independent com panies, the first to cut prices was the Independent companies and that there were no troubles made for the inde pendent companies except those which arose from natural causes. Mr. Tilford explained that the reason why the supply of crude oil had been cut down to the sixteen/ independents in the Pittsburgh field Just before the agreement was made with the Stand ard was because the oil supply In that district was diminishing. Mr. Milburn developed that the oil firm of Schofleld, Schurmer & Teagle of Cleveland, an In dependent company, was not forced into the Standard's control but had been taken over after suggestions from the officers Of the Schofleldt Schurmer company. The questions that adduced this tes timony and others put to the witness showed that the defendants intend to meet the government on every point raised In the long bill of complaint. Tilford on the Stand W. H. Tilford, treasurer of the Standard, gave further testimony to day in the government's action against the company. Mr. Tilford testified after looking over the records on Saturday that the Manhattan Oil com pany of Ohio had sold to the Standard Oil company 754 tank cars between 1899 and 1901. The purchase was made for the Standard company by a subsidiary company, the Union Tank Line. Mr. Tilford could not say If the Standard made any contract to supply certain gas companies with oil when it took over the Manhattan company. "As a matter of fact don't you know that the Standard made a contract with the Indianapolis Gas company and the People's GaJlight and Coke com pany of Chicago?" "Yes, such a con tract was made In 1899," said Mr. Til ford. "And was not that contract made be cause E. C. Benedict and -Anthony N. Brady -yould not sell tho Manhattan 'Oil company unless gns companies were guaranteed a supply of oil for ten years?" "I don't know that tho contract was made for that reason," answered Mr. Tilford. "I know the contract was made for two years." Mr. Kellogg asked if it was not a fact that the only stock of the twenty sub sidiary companies distributed between 1892 and 1899 was 742,619 out of 972,600 shares, which were distributed to certain stockholders, Including John D. Rocke feller, William Rockefeller, Henry M. Flagler, H. H. Rogers and fourteen others. Mr. Tilford said he did not know. Mr. Kellogg said he purposed showing that In order to avoid the injunction of the court preventing the voting of trustees' certificates these trustees liquidated a sufficient amount of trustees' certificates for a majority of the stock of the sub sidiary company, and that they as indi vidual stockholders still maintain control of the company. Mr. Tilford did not il luminate the issue which Mr. Kellogg desired to make clear, and Mr. Milburn Interposed that the records were suffi cient evidence. May Reorganize A representative of the Standard Oil company said today: "The statement that a conference of Standard OH inter ests has been called for the purpose of changing the name of the company and affecting reorganization in general Is without foundation. We can do nothing in this respect so long as the company Is under Investigation. "I can say, however, that as soon as the Standard Oil company has freed Itself from the labyrinth of litigation now in volving It there will be a reorganization. The capital stock will be increased to an amount more in harmony with the value of Its assets, say $400,000,000 or $500,000,000. "We also purpose to issue periodical statements as to earnings, operations, etc. We propose to give the government everything in the way of Information that it calls for, whlch^is all we can do. If we are guilty of certain Infractions of the law, then practically all other cor porations are guilty of the same offense and should be treated accordingly, but we are confident we will win out." Later In the day, after this Interview had been published, John D. Archbold, vice president of the company, said that the statement to the effect that the Standard Oil company Is about to confer as to changing its name, extending Its in corporation, and so forth. Is unauthor ized and untrue. GOLDFIELD CONSOLIDATED DIVIDEND 10 CENTS A SHARE By Associated Presa. GOLDFIELD, Nev., Sept. 23.VThe Gold flold Consolidated Mines company this afternoon declared a dividend of 10 cents a share. This is the first dividend, and dividends will be declared monthly. The dividend will be distributed among share holders owning 3,600,000 of the capitaliza tion of 5,000,000 shares. , This afternoon the Mohawk company declared a dividend of 50 cents a share on 710,000 shares of stock, practically all of which Is owned by the Consolidated. The dividend is payable October 26. Fair Opens By Associated Pre»». HANFORD, Sept. 23.— The seventh an nual Central California fair opened to night with an address by Congressman Necdham. The pavilion show exceeds all previous fairs. Stalls on the ground are overtaxed, and carloads of exhibits are arriving and demanding space. People are flocking beyond expectation, and pri vate residences are called on to supply accommodations. • ACCEPT PEACE IN MOROCCO TRIBESMEN AGREE TO GENERAL DRUDE'S TERMS Hostilities Are at an End and Moors Promise to See That De mands Are Ful filled By Associated Pi .¦««. PARIS, Sept. 23.— Peace has been de clared in Morocco. The delegates of three Important tribes have accepted the French peace overtures inaugurated to day and will see that the terms of the agreement are carried out. Hostilities are now at end. Several caids representing Ouleysan Zanata and Zyalda tribes presented them selves to General Drude's headquarters last evening to discuss the conditions which the French commander proposed for their submission. His terms include the unconditional surrender by the Moors of all their armies. NINE EXECUTED WITHOUT SEMBLANCE OF A TRIAL Seven Russian Workmen and Two Girls Are Shot Down for Partici pating In Murder of Employer Ny Associated Press. LODZ, Russia, Sept. 23.-Seven work men and two girls were executed here today by shooting, without trial, for par ticipating in the murder of Marius Sil bersteln, owner of a largo cotton mill, who was killed by his employes Septem ber 18. because he refused to pay them for the time they were out on strike. Police und troops on September 20 made a sudden descent on the mill and arrest ed 800 of the employes. ZHITOMAR, Province of Volhynla, Russia, Set. 23.-Three revolutionists to day attacked and wounded the chief or the rural constabulary In his villa and wounded six peasants who pursued them. The peasants finally caught the revolu tionists and lynched them. Fish Communicates with Roosevelt [to iS.«socioted Press. OUSTER BAY, Sept. 23.-Stuyvesant Fish came to Oyster Bay today and was closeted with Secretary Loeb In the exec utive offices for an hour. He declined to be interviewed. Secretary Loeb said Mr. Fish had given him a message to the president, but he declined to divulge its purport. _ FORECAST % For Lob ',- Angrelei. and vicinity I <$> - $ Partly cloudy today, llltht went <8> <S> «lnd. | $'; TABLE) OP. TEMPERATURES ,•© ? '¦¦''¦'" ¦ ' ' ' * ¦ '.'• >V • Mln. Max. <$ <$> Chicago 60 .;,¦„«! : <» X Cincinnati ............ 50 . 72 : <S> «> Cleveland ........ .;,. : 4500,| <$, Denver \\V. "' *• «4|« 4 | <S> Fresno :....• V 54V 54 •', IB j <$> Kan«as'Clty .......... 58 v 76 * «> New York «> 76 <?> <s>r»oen,l* ; :.......... r ...-oa •v.9Bj| <» neno ........ . •.-:. ¦• r. : . -\. *> - - 78 If % St. Loull '. ¦•<••- 58 . 70 <S> «> St. Paul > . ." i . . ... 48 02 c <$> <$> Salt Lake ••• *« 74 . <«> <S> Sun Dle«o ..;. 00; 70 <$> $ Wan Krnnelaco ...'.'....' 54 • ;62 •. <»> <$> Tonopah "7r.'.'T;Vr .'..:.". ,58' 76 <8> <$> Yuma ¦/ • ¦ 04 ! . 104 \<j> • Our Overflow PARROT CALLS "HELP," SAVES WOMAN'S LIFE Bird Cries for Assistance When Mis. tress Falls Down Stairs and Seriously Injures- Herself ATLANTIC CITY, Sept. 23.— "Help, help; somebody come quick!" shouted by a pet parrot belonging to Miss E. M. Bowen summoned assistance when the bird's mistress tumbled down a stairway In the Champion apartment house. The woman -was found in a heap at [.the foot of, th»: stairway, while the par rot, which 'had been perched on her shoulder, was walking about its mis tress, lamenting the accident in loud walls. The fall had made a deep cut in the back of Miss Bowen's head, and she might have bled to death but for the alarm glvon by her pet. SAN FRANSISCO CITY JAIL NEAR COLLAPSE NEW BUILDING LIKELY TO FALL ANY MOMENT Occupied by Municipal Offices and Headquarters, Cells Are Full of Prisoners of Both Baxai By Associated Press. SAN FRANCISCO, Sept. 23.— The start ling discovery was made today by City Physician James Watkins that the new city jail building at 64 Eddy street Is In danger of collapse and that the occu pancy of it is wholly unsafe. The building was completed last Janu ary by the president of the police com mission, William Leahy, who rented It to the city for $25,000 a year. It is occupied jointly as the temporary city hall, police headquarters and city jail. Its cells are full of prisoners of both sexes. Dr. Watkins today, In pursuance of his duties of sanitary Inspection, visited the building. He emerged a very grave and startled man. He at once reported to the building inspector that the place was in a very unsanitary condition and that an inspection in the basement showed him the tubular iron pillars sup porting the building had "buckled" and looked as though they were about to give way. An Immediate Inspection by the official verified the report, and this even- Ing he offlicially notified the board of public works that the building Is "unsafe for life and should be vacated immedi ately." NEWLY MARRIED, OUT OF MONEY, KILLS HIMSELF Employe of Standard Oil Company In San Francisco Blows His Head Off with a Shotgun By Associated Press. SAN FRANCISCO, Sept. 23.— Ralph Teague, an employe of the Standard Oil company, committed suicide today by placing the muzzle of a double-barreled shotgun In his mouth and pulling the trigger. His head was blown off. He was recently married and was despond ent because of his straitened circum stances. Ten days ago Teague Insured his life for $10,000, Intending In this manner to provide for his widow. Son of Victim Sues Autoist SAN FRANCISCO, Sept. 23.— Suit was begun today *>n behalf of Harold Slebs, the 16-year-old son of the late J. C. Slebs, to recover $25,000 damages from T. C. Biggs, who on June 15. while driving an automobile ' on Van Ness avenue, ran down the elder Slebs, inflicting injuries from which he died September * UTVr'T P tfVIPTI?^S • PA 11. Y. 5 CENTS hli> vji-LJii . Sunday, is cents POLICE SOLVE TRUNK CRIME BELIEVE WOMAN WAS BLAIN BY HUSBAND Body Found Floating in the Bay Near Seattle Is That of Mrs. Covington. Quarrel May Have Led to Murder I By Associated Press. SEATTLE, Wash., Sept. GS.-The police have positively Identified the body of the dead woman found Jn a trunk cast upon the beach at South Alkl yeEterday morn ing as that of Mrs. Agnes Truman Me- Combs Covington, 17 years old. The woman had been strangled to death She was the wife of Frank Covington, for several months employed as a sales man by the Kilshelmer Liquor compary, 15 First avenue, Seattle. Covington Is misting and the police are looking for him. Acquaintances say they have not seen him for a week. The body in the trunk had been dead at least a week. Mrs. Covington was the daughter of Truman McCombs, who lives near Ver non, B. C. Her grandmother, Mrs. Eliz abeth Robinson, her aunt, Miss Jennie Robinson, and her uncle, George Robin son, all live at 721 Yesler way, Seattle, where the dead woman's mother conducts a lodging, house. Covington is about 23 years) oldT He is said to have come to Seattle two years ago from 'Louisville, Ky. A letter from St. Paul under date of April 11, 1906, apparently written by Cov ington's sister, Edith Covington, was found in the trunk with the body. The letter was addressed to Frank Covington and the publication of excerpts from the letter in the morning papers led to the positive identification today by the dead woman's uncle, George Robinson. Mies Jennie Robinson, an aunt, was not so certain of the identification.' The police are working on the theory that Covington is the murderer. The only plausible motive so far advanced for the crime is that the murder followed a violent quarrel. Mrs. M. Pulmer of 510 Fifth avenue, who conducts a lodging house at 916 Fifth avenue, said today that Covington and his wife lived there several months. During that time they quarreled almost every day. Their disturbances became *o anroylng that Mrs. Pu'.mer a month ago was compelled on complaint of other roomers to order them from the house. From that point they went to a rooming house at Mnth avenue and Pearl street. They left there also about ten days ago £nd the police lost track of them. Information, however, that appears 'to come as reliable is that after leaving the house at Ninth avenue and Stewart that the Covlngtors went to South Alkl and lived In a tent. The police are now trying to determine if that is true. If It is found that they did live at South A!kl the police are confident that the murder was committed at the tent, and In order to attempt to cover up the crime die body was stuffed Into the trunk and deposited In the bay. The trunk Is ar old-fashioned round top receptacle. The Covlngtons had that par ticular kind of a trunk when they lived at Fifth and Madison tsreets. Oldest Actress to Retire By Associated Press. NEW YORK. Sept. 23.-Mrs. Annie Tea mans, America's oldest actress, will re tire from the stage with the celebration of her seventy-second birthday on No vember 19 next. Mrs. Yeamans has been before the public sixty-two years. It is for the roles she created while a member of the famous Harrington and Hart com pany in the seventies and thereafter that she is best remembered. Blggy Lets Dinan Off By Associated Press. SAN FRANCISCO, Sept. 23.— Chief of Police Blggy has agreed not to oppose the desire of Former Chief Dlnan for a sixty days' extension of his leave of ab sence. Dinan said he did riot wish to bo actively connected with the department until the cases pending 'against him were disposed of. LAST HOPE OF BRIBERS GONE SUPREME COURT HOLDS ItfDICT- MENTB ARE VALID OLIVER GRAND JURY DECLARED LEGAL BODY Associate Justice McFarland Hands Down Only Dissenting Opinion. Big Victory for Graft Prosecutors By Associated Press. SAN FRANCISCO. Sept. 23.-The State supreme court today destroyed the last hope of the defense In the various bribery graft proceedings by deciding that the Oliver grand Jury which Indicted many of the men most prominent in the busi ness and social life of San Francisco was and is a legal body, and that hence the Indictments returned by it are valid. The opinion, occupying nine typewrit ten pages. Is that of Chief Justice Beatty and Associate Justices Sloss, Angelottl. Henshaw, Shaw and Lorlgan. Associate Justice McFarland handed down a dis senting opinion. The attorneys for Theodore V. Haisey and Louis Glass of the Pacific Telephone and Telegraph company, Patrick Calhoun, Thornwell Mullally, Tirey L. Ford and William M. Abbott of the United Rail roads; Eugene DeSable, John Martin and Frank G. Drum of the San Francisco Gas and Electric company, and former Mayor Schmitz and Abraham Ruef, united In a petition to the court for writs of prohibition permanently restraining the Judges of the superior courts from proceeding further wltn the trial of the various defendants on the ground chiefly that the Oliver grand Jury ceased to exist by operation of law in January of the present year, when 144 names com posing the list for the new grand jury was certified by the county clerk and re turned to the court which drew them; that hence all of the indictments returned by the old body subsequent to that time wore void and had no standing In law. Supreme Court Decides The supreme court viewed this petition as containing probable merit, and several weeks ago, In response, issued an order to the superior Judges to appear and show cause why permanent writs should not be Issued. This action fanned the hope of the defense in an ultimate vic tory, which If gained would sweep aside all of the legal work of the bribery graft prosecution and reduce District Attorney Langdon, Assistant District Attorney Heney, Rudolph Spreckels and their asso ciates to three alternatives: To impanel a new grand Jury and try to secure hun dreds of fresh indictments, or to proceed against the liberated defendants by the ordinary process of filing information, or to throw up their hands and quit. For weeks ¦ the final decision of the highest tribunal has been, awaited with a degree of interest that seldom has at tached to any criminal proceedings In this state. It was of course Impossible to find out in advance what the court would do, but the persistent rumor has been that the bench was evenly" divided, three of the Justices favoring the pe titioners, three favoring the prosecution and the chief Justice standing in the middle. Many Conferences Held Many coi ferences were held by the court in chambers before today's deter mination was reached. The decision upholding the Oliver grand Jury was rendered on four of the indict ments against Theodore V. Halsey, who is now on trial in Judge Dunne's depart ment for bribing supervisors In behalf of the Pacific States Telephone and Tele graph company. The court decides that there is no virtue in the contention of the petitioners that section 210 of the code of civil procedure was made for the purpose of preventing the "existence of any particular grand jury for any In definite time." That section provides as follows: \" "That persons whose james are so re turned shall be known as regular Jurrors and shall serve for one year and until other persons are selected and returnned." The court says "our code of civil pro cedure provides (Section 241) that every superior court, whennever in the opinion of the court public interest requires it must proceed to impanel a grand Jury, and 'in all counties there shall be at least one grand Jury drawn and impaneled In each year.' "Nowhere, unless It be In section 410 of the code of civil procedure, is there any express limitation on tho life of the grand jury so Impaneled, or an Implied limita tion except such as may be implied from the requirement that at least one grand jury must be Impaneled In each year. When in obedience to this mandate, a new grand jury is Impaneled, the life of the former grand Jury must necessarily end. Section 906 of the penal code pro- i vldes that on the completion of the business before them, the grand Jury must be discharged by the court, but whether the business Is completed or not, they are dischargee 1 , by the final adjourn ment of the court. "This section was adopted at a time when we had terms of court. As, under the constitution of 1879 we now have no such terms of court and the superior court Is always open for business, there is no such thing as a final adjournment of the court and the quoted portion of the section Is no longer effectual." Previous Opinion The court further says: "The precise question here presented as to the effect of the provisions of sec tion 21 of the code of civil procedure upon a grand Jury regularly impaneled from the list of the preceding year, was con sidered by this court en bane in the year 18S6 In the cases of in re Gannon 69 Cal. fru, and *T>v ¦ versus Wilson ii Pacific reporter 244. "In the Gannon case the court in re ply to the claim that the grand Jury had ceased to exist for the -er.aona stated and was not a legal bo f ly said: 'But while the statutory law fixes the time within the year for the court to order the selection and return of grand Jurors liable to serve In the capacity of a grand Jury and limits the t<me in which they shall serve for the purpoM of drawing an Impanelment i * & grand jury It prescribes no time, for the drawing of the grand lury or for Its official existence after It has been drawn and impaneled. These the law seems to have left to the Judicial discretion of the court, for it provides that every superior court, whenever In the opinion of the court the public in terest must require it, may make an order directing 1 a jury to be drawn (Code Ctv. Proc. Sec. 241). " 'And when the proceedings put in motion by an order made for the pur pose result In the drawing and Impan elment of a grand jury, it In as an or- iComtlMued oa Pkc* Tw»,l