Newspaper Page Text
• THE WEATHER.
Forecast made at San Francisco for
thirty hours, ending midnight, Feb
San Francisco and vicinity — Cloudy
Friday; fresh west wind*.
A. O. McADIE.
VOLUME XCVIT— NO. 72.
GRAND JURY INDICTS FOUR BOODLING STATE SENATORS
OENATORS BUNKERS, Emmons and French were arrested in Sacramento last night on warrants issued by
the Superior Court on indictments returned by the Grand Jury, charging them with soliciting and receiving a
A warrant was also issued for Senator Wright, .but he could not be found up to a late hour. The three legis
lators were not placed in prison. They were allowed the freedom of the Sheriff's office while efforts were being
made to secure bonds for their release. They had no difficulty in securing bail, which was fixed at $5000 each
by Judge Hart. The action of the Grand Jury-followed the refusal of the Senate to allow the Senators to make a
sworn statement and thus prevent the Criminal Court obtaining jurisdiction in the case.
DOORS OF PRISON
ARE OPENED FOR
THE CROOKED FOUR
Disgraced Legislators Feel Weight
of Heavu Hand of Law and
at Last Realize Their
. atch to Tta» CalL
SACRAMENTO. Feb. q.—
] ■ the first lime since Senator*
mons. Bunkers, French and
Wrieht were placed on trial for
their honor and liberty a full
realization came to-night to those
that have witnessed and partici
the great drama of its
terrible potency. This realization
• when the investigating com
•e met and neither defendants
the defense ap
peared. Then tie wmfl passed
round th?t prison doors had clos
1 three of the accused and
that the fourth was being hunted
by the Sheriffs deputies.
Early in the evening the Grand
Jury of the county returned true
bribery against the now ;
-aced legislators, and bench
ants were immediately issued.
French and Bunkers were four*]
in the Senate chamber, called into
the lobby and quietly placed under
• v made no protest and
ed away with their custodi-
EmmoßS, evidently pre
• ..■:<.-!. was found in his
• in the State House, his two
m en his guests. lie was
led away to prison. Judge "Lige" j
onds of .the ]
en were soon fixed
bey walked away with their
vent iy crushed by the '
F the Mow that had fallen.
hm\ expected that they would I
1)0 L-ren the right to testify under j
before the Senate investigat- I
in? committee, and then, under |
technicalities of the law. plead
immunity from criminal process.
Their arrest took from them what
spirit remained, and they asked to \
be excused when friends sought to i
discuss their predicament with j
WIJIGHT IS FREE.
it Wright is still at liberty.
Up to a late hour to-night the
Sheriffs deputies have failed to
locate him and where he is no
one seems to know. Bunkers
Jit's bondsmen are
waiting for him and that he need
detained but a moment. The
word has gone around that he
has fled, but those that seem to
know laugh at the suggestion
and say that he will be on hand
to-morrow bright and early, that
he does not propose having his
night's rest disturbed by any
minions of the law.
The fate of the accused Sena
tors was sealed to-day in the Sen
ate after one of the most remark
able debates in its history. A
resolution of the investigating
committee, asking for instruc
tions from the Senate as to
The San Francisco Call.
Faif to find
. Wright V"
whether the accused should be
sworn and thus rendered immune
from prosecution in the courts for
their crime, was presented for
Several of the Senators, led by
what they believed to be the rights
of the accused, demanded that
they be heard under oath in their
own behalf, others fought for the
privilege for the accused through
motives of personal friendship,
but a majority, determined that
full justice should be done, let
the consequences be what they
may, stood firmly and unswerv
ingly by their demand that the
Senate take no action that would
stay the machinery of the law and
they won their fight. By a vote
of 22 to 13 the Senate declared
that the accused must stand trial
at the bar of the Superior Court
of this county on charges of fel
ony, and this after it had been
declared on the floor that if they
were guilty no adequate punish
ment but incarceration in the
penitentiary would mete out to j
them the full measure of justice.
Thus did the Senate purge itself
of the odium cast upon it by the
acts of the men that now rest un
Two important admissions from
Joseph S. Jordan marked the
progress- of the trial of the ac
cused before the investigating
committee to-night. Jordan testi
fied *on cross-examination that,
Continued on Page 2, Column 5.
SAN FRANCISCO, FRIDAY, FEBRUARY 10, 1905.
KOVR MEMBERS Or - THE UPPER HOUSE -OF THE : CALIFORNIA LEGISLATURE
"-' ■-"■ " )X? t i, f^ VERE '-■ 'DICTED LAST; NIGHT BY i THE : SACRAMENTO JURY ON A
,i : , ; CHARGE OF SOLICITING AND RECEIVING A BRIBE. : V I■ * -;-;V -W.\^ ■■■< ■',
WARRANTS ARE ISSUED
BY SUPERIOR COURT
Documents Served on French, Emmons
and Bunkers in Sacramento.
Special Dispatch to The Call.
SACRAMENTO, Feb. B.— The Grand
Jury, of which ex-Mayor B. U. Stein
man is foreman, this evening returned
indictments against Senators Harry
Bunkers. Eli Wright, E. J. Emmons
and Frank French charging them with
soliciting and receiving bribes. Bench
warrants for the arrest of the accused
Senators were at once issued and
served at a late hour to-nigrht.
The Grand Jury spent the entire day
probing into the scandal. Joseph Jor
dan was examined at length this morn
ing and gave substantially the same
Trial 5y a Jury:
story as at the Senate investigation
at the Capitol last night. Detectives
George N. Tichenor and Henry Hart
ling were also called into the Jury
chamber. They testified *to the Inci
dents of their connection with the case.
The Grand Jury then entered into a
discussion of the scandal, especially
with reference to Its legal powers. ,
At the conclusion of the conference
District Attorney Seymour visited Su
perior Judge E. C. Hart and notified
him that the Grand Jury would be pre
pared to enter his court at 7 o'clock
this evening and present a report.
Judge Hart returned from his home,
the courthouse was lighted and at 7:30 .
o'clock the Grand Jury entered his de
partment, accompanied by the District
Attorney, and reported that it had
found true bilis against Senators
Bunkers, Wright. Emmons and French,
charging them with soliciting and re
ceiving a bribe. Judge Hart ordered
the indictments filed, fixed the bond at
$5000 in each case and on motion of the
District Attorney ordered the Issue of
bench warrants for the arrest of the
WARRANTS ARE ISSUED.
The warrants were placed in the
hands of Sheriff David Reese and Dep
uties William Lowell, Ed Reese and
George Wittenbrock. About 9:30 o'clock
Deputies Wittenbrock and Lowell re-
ALCAZAR— "Are You a Mawn"
CALIFORNIA— "The Mummy and th«
COLUMBIA — •'The Dictator."
< ENTRAL- 'A Fight for Millions."
GRAND— "Mother Goom."
LTRIC HALL— Dolmetsch Concert.
TLVOLJ— Grand Opera.
Bail Is Fixed at
turned, with Senators French and
Bunkers in custody: They were permit
ted the freedom of the outer office until
their friends should procure bondsmen
for them. French was arrested in the
corridor of the Capitol. Bunkers ap
peared in buoyant spirits, but French
seemed to regard the proceeding less
in the light of a joke, and sat nervously
smoking a cigar and apparently oblivi
ous to the presence of a crowd and its
Assistant Sergeant-at-arms Edward
I Short soon appeared and consulted
j with Judge Hart with reference to the
approval of bonds. Short left the court
house, saying he would soon return
with the sureties.
The indictments of the Grand Jury
were brought under section 86 of tha
Penal Code, which defines the soliciting
and acceptance of a bribe by a legis
lator as a felony and fixes the penalty
on conviction at not less than one nor
more than fourteen years and-, provid
ing that the person so convicted shall
forfeit his office, be disfranchised and
forever forbidden from holding office
The next step in the cases will be
the bringing of the accused Senators
into court and their arraignment. They
will be tried by Jury, the prosecution
to be conducted by the District Attor
ney and the expense of the trial to be
borne by Sacramento County. The con
stitution protects members of the Leg
islature from service in a civil process
and from arrest for breach of the
peace while the Legislature is in ses
sion, but this provision does not save
them from criminal process and will
not Interfere with the regular course
of the present proceedings against
EMMONS IS ARRESTED.
♦ Senator Emmons was arrested in his
room at the State House Hotel. He
evidently had heard of the Indictment
and expected arrest, as he showed no
surprise when Deputy Sheriff Conran
entered and served the warrant on him.
Sheriff Reese and Deputy Witten
brock spent several hours searching for
Wright. Bunkers, French and Emmons
were released on bonds in the stun of
$5000 each, which Judge Hart approved.
Bunkers' sureties were J. D. Moffatt
of Alameda County and J. M. Kelley,
a Supervisor of Alameda County.
French was liberated on bonds fur
nished by Edward Short, assistant ser
geant at arms of the Senate, and J. L.
Woods of Sacramento County. Em
mons furnished bondsmen In the per
sons of H. T. Sllvius and Frank Ruh
staller Jr. of Sacramento.
District Attorney Seymour said to
night: "It has been stated that tb«
' Sacramento Grand Jury hag been un
i reasonable In reaching a decision with
I respect to these cases. As a matter
lof fact there has b*en no delay. On
I Tuesday, January 31, I went to San
: Franchwo to ascertain some necessary
I facts and got home on Tuesday night.
1 I conferred with Foreman B. T\ Stein
i man the next morning and it was de
f cided to call the Grand Jury together
I a-: the earliest possible hour. As many
I of the members reside In remote por
; tions of the county and others were/
I outside the county it was dimmed »»'
practicable to get the body together
before Tuesday of this v eek. The
Grand Jury ever since baa gone on
j with the inquiry.
"I wish to say that I shall treat
I these cases the same as I would any
I other ease* that come to me in the
I course of my official duties. I shall
conduct them fairly and dispassion
ately, with the view to getting at all
the truth and making the strongest
. possible presentation, at the same time
treating the defendants with absolute
At 11:30 o'clock Senator Wright had
not been located and Judge Hart left
for his home for the night.
PRICE FIVE CENTS
on Scandal Leads
to War of Words
Selvage Defies Opin
ion of Public in an
Attack on AUornen
Special Dispatch to Th» Call.
;, SACRAMENTO. Feb. 9.— Actuated
■by ; the ' .highest principles , of jus
tice.^a majority of the Senate purged
j that', body - to-day >«£. the odium cast
upon _ : it by '■„ the 'j criminal acts of
Senators Bonkers, Brmrfbns, "/"French '
and Wright. „ After one of the most re
markable debates in the history of the
1 Legislature of : the State twenty
j two members :i: i of the Senate
j voted, to deny the right to the accused 1
I bcodlers to appear before the special
I Investigating committee, take the ath.
testify to what they thought best and
[ then " escape the k consequence 'of ■ their
acts under a technicality of the crimi
nal law. 53595359E51
Those that voted to grant no privi
1 leges to the accused under which they
S might escape prosecution .in the
j criminal courts were Anderson. Bauer.
I Belshaw, Broughton; Carter, Coggins,
I Curtln, Diggs, Hahn, Leavitt, Lukens,
' Leeke. Lynch, Mattos, McKee, Ralston.
I Rambo. Rowell. Rush,, Sanford. Ward
j and Woodward. Those that voted to
' give the accused ; the right to testify.
basing their vote on . various lines ■of
reasoning, were: Greenwell, Haskins,
Irish. Keane, Murkey. Nelson, Pendle
ton." Savage; Selvage, Shortridge. Simp
son, .Welch Wolfe. . The accused
were not. called on to vote and Muen
ter was absent. , ; •-.'-..' .l ;- -
The debate was precipitated by a re
port . presented • this morning by . Sena
tor Belshaw. us chairman of the spe
cial . investigating committee, in keep
ing with ; decision of the committee
last night to submit to the ' Senate ' th«>
question of whether or nut the accused
Senators should be sworn, -the decision "
so fto: do having : been * reached after
District > Attorney ; Seymour had ■ 'def,
rr.anded that the accused be denied the
right to testify, that criminal prosecu
tion might not be defeated under ith«
provisions of section 36 of ■ the Code
of Criminal Procedure. This report la
I as follows:
"Mr. -President: - Your special com
mittee of five, appointed pursuant to a
resolution adopted by the Senate on
the 30th day ;of January. A. D. 1905, to
investigate the charges contained in
an : affidavit . reflecting -, upon the honor.'
integrity : and conduct ' of certain mem
bers - of " the ; Senate. ': contained In said
affidavit, beg leave to report: -.
"That at a i session of said commit
tee, held *i in . the Senate chamber
Wednesday \ evening.' February ;8. 1905,
one lof said : accused Senators, to - wit :
Senator E. J. Emmons. . presented him- ■
self before the committee and request
ed to be »worn and examined as a wit
ness. That thereupon A. M. Seymour
.Esq.,', District , Attorney of the County
of Sacramento, State of California, ad- ■
dressed the* committee and objected to
the administration of ■ the oath to said
Senator EX J. Emmons or. to the taking
of j his ?, testimony .as a witness under
oath, specifying the /following reasons
for his objections: That un«ier th«
provision^ •• of the law If said *Sen r
ator " Ema»oo« ior any 'of , the other a<>
cused * Senators * were • permitted J.o^ tes^ \
tKy as a witness under oatu before
this committee it would preclude any
future .criminal prosecution 'on the part
of the pe< of * the StiUe'of,; California <
against any , such Senator so testifying.
"The ; chairm%*» i' the committee," for
the commute*.* asked the accused Sen
ators if icy a ■!••■ 'Willing to make vol
untary?! statements before . the commU
te^|wlthout:betagjsworn,. and the said
Senators,"" by their counsel, replied that
they* would ' noCt&S&StBmBttiSSPvBBQ
-"Whereupon it • was .unanimously re
1 solved by the committee that this mat-
I ter be reported to the Senate in order
j that ; this i committee^ might . receive \ the
Instructions "of th«. Senate on this ques
tion.". Tour said committee . . therefore *.
presents the following interrogatory to
the Senate, on which it requests defl^
nlte Instructions :vSfioMßS6BflWHHß!
"Shall the committee refuse to
swear * any.- or y either of , said ; four > ac
cused Senators and .decline : to - receive v
their testimony ( under oath ?"
): •■> . -.: FI \D NEW - CHAMProN.
. But : one undignified incident marked
Continued on Face 1, Column 1.