Los Angeles herald. [microfilm reel], September 24, 1907, Image 1

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

Image provided by: University of California, Riverside; Riverside, CA

                
' m. : xxxiv.
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