The San Francisco call. [volume], June 08, 1907, Page 3, Image 3

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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Delmas Makes Bitter Attack on Grand Jury in Argument to Quash Indictment of Glass
Assails Inquisitors as a Body
Exercising Despotic Power
Glass' Attorney Impugns Motives of
the Prosecutors of Grafters
Attorney Delphin M. Delmas made a
bitter attack on the grand Jury system
while arguing a motion in Judge Law
lor's court last evening to set aside the
indictment brought against Louis Glass
on the charge of bribing Supervisor
Sanderson. It was the first active ap
pearance of the Californian since he
returned from New York, and be ob
served the occasion with a forcible and
brilliant speech. The court session
lasted from S o'clock to 10:30, and at
the conclus'on of Delmas' address As
sistant District Attorney John O'Gara
and Charles W. Cobb, Heney's asso
ciate, asked until Tuesday next at 10
o'clock to prepare their answer to Del
mas" arguments.
Delmas" main contentions were that
there was no evidence to show that
Glass, vice president of the telephone
company, had committed a crime or
that Sanderson had been bribed. He
based his claim on the transcripts of
testimony taken at the grand Jury in
vestigation and presented to the de
fendants, and which. It was stipulated
by the district attorney's office, was the
foil report of the evidence taken.
ARGUME.VT BY DELMAS
Dolmas said In part: "Whether it Is
in the power of the grand jury sitting
in the city and county of San Francisco
to charge with crime a citizen of this
city without having before it a syllable
cf evidence Is a question the import
ance of which cannot be overestimated.
Jf It is In the power of the grand Jury
so to do the liberty of every citizen is
held at the despotic mercy of men who,
jroverned by vindictiveness or urged by
public clamor or by any other motive,
snay bring every citizen to disgrace.
H>r« Is a case -where there is no evi
dence of a crime or of a crime com
mitted.
"Shall It be told that in San Francisco
today a body of men -will invade the
hone of a citizen from motives of pri
vate malice. Individual spite or busi
ness rivalry, and bring disgrace inlo
that home and make the citizen stand
trial for something he has never done?
Is It to go forth to the world that In
the city of San Francisco a body cf
men in secret chamber has the pow«r
to bring to the bar of Justice any man
it chooses to name without naving a
shred of evidence against him?
"Is the court powerless to curb the
dictatorial will of that body? Is. it
•without power to rebuke it and to re
:icve the city of this dilemma? If that
is the law. here is the culminating mis
fortune of this city. If there is any
thing that will drive away those who
are able to participate in the upbuild
ing of the city it will be to have it go
forth that their liberty Is held at the
will, beck and nod of a mere group of
m*»n. who, without any evidence, can
brirg shame upon them. Any indict
ment without evidence is a piece of
•waste paper; an lncumbrance and a dis
grace on the records of the court, and
the sooner the court purges the records
of that disgrace, the sooner will it
stand for that Justice for which the
people look to it."
Delmas quoted court decisions In New
York and other states showing that
the courts had held that an indictment
could be set aside when there was a
defect involving insufficiency of evi
dence.
HAS CLASH WITH COBB
Cobb and Delmas clashed over the
question whether or not the point of
insufficiency of evidence applied to the
indictment charging 'bribery of Super
visor Furey or to the case of Sander
son, Delmas claiming that he consid
ered only the latter case. Judge Lawlor
said that the argument applied to the
common points of the two counts. Cobb
and O'Gara, \rithout seeking to show
that there was no insufficiency of evi
dence. Insisted that under t tne law an
indictment coul<fc not be set aside on
that showing alone.
T. C. Coogan, Delmas' associate In
the Glass case, and Bert Scblesinger
and 'William Pean Humphreys, : attor
neys for Theodore V. Halsey. were In
court, as was George Keane. Ruefß
lawyer, and Lewis Byington for Chief
Dinan. Henry Ach was a spectator In
the courtroom and was consulted by
Judge Lawlor on the Question of the
court's power to set aside the indict
ment. Judge Lawlor was inclined to
lake the view that an Indictment
could not be quashed for the reasons
Lxrirr.as gave.
In the afternoon an Important matter
was presented by Coogan In the form
of an amendment to the affidavit tiled
in the original motion to set aside the
Indictments. This amendment Intro
duces & delicate point bf law, alleging
that the force of the present grand Jury
was nullified early in this year and
prior to the date of the return of the
Halsey and Glass Indictments by rea
son of the tact th&t it vr&a drawn last
fall as a substitute or provisional body
to replace the names of the regular
grand jury for 1906. the roll of which
was destroyed In the fire, and that.lt
expired when the 1907 list was drawn.
Testimony was taken on this new mat
ter during the afternoon.
Before the telephone people's cases
rame up Abe Xluef appeared to plead
on the charges of bribery in connec
tion -with the United Railroads and
Parkside deal. He was attended by his
attorneys. Frank J. Murphy, George B.
Kean© and Richard O'Connor, and a
• ouple of husky men-at-arms from
Elleor Biggy's citadel. Ruef. through
bis attorneys, and on agreement of the
prosecution, secured a continuance un
til Monday, Jane 17, at 4:30 o'clock.
DELMAS RE.YEWS EFFORTS
\Then Delmas appeared before the
court last Saturday ha made a great ef
fort to secure from to© graft prosecu
tion an oaclal statement regarding the
extent of th« transcript of testimony
offered as that taken before the grand
jury. That fact was of Importance In
connection -with his prospective argu
ment on the motion to Bet aside the
telephone Indictments oa the ground of
insufficiency of evidence. He renewed
his efforts Immediately after the court
assembled yesterday afternoon.
OGara and Cobb contended that Del
mas ?fes not entitled to know the ex
tent of the testimony given and should
be satisfied with the statement that the
testimony offered was all of that tran
scribed.
"Is thla testimony the whole or only
a part?" reiterated Delmas. "It makes
no difference to me what the answer
is, bnt we want an answer to the ques
tion." ..
•"We . are not prepared : to Eay, M 'an
swered Cobb, "and we " don't have to
answer: the matter is purely. Incompe
tent- The district attorney Isn't com
petent to , tell what . testimony Is given.
before the erand Jury.** •
PLJLA'S TO CAX.I* HEXEY
Jcdge Lawlor ordered that the case
be proceeded with, and Del mas declared j
that in default of an admission ho <
would be forced' to "call Heney to the |
et&nd. "
"That will have to , follow/ the • usual i
rnleß of securing .'evidence/.': said Judge ']
Xatrlor. "Mr. Burnett the_Becretar j- of j
the grand Jury, Is here, and I would
like to have him called now If. you in
tend to have him answer questions, so
that he may be allowed to go."
Delmas and Coogan agreed not to
put Burnett on. the stand then and
County Clerk Harry L Mulcrevy was
called.
The first questions put to Mulcrevy
Indicated that the defense was attack
ing the validity of the grand jury, and
Cobb asked that such proceedings go
over until Assistant District Attorney
Robert W. Harrison could be called into
court, as Harrison was the representa
tive of the office who assisted "at the
drawing of the bodfc. It •was agreed
that Mulcrevy, should* be examined sub
ject to objections -which \u25a0would be ruled
on after Harrison had made his argu
ment. . ' r
Attorney Coogan explained that Mul
crevy was being questioned in rela-
| Ht—^-r'^ S^ eai^ h as been the response to our special offering of
I^§tCXJ^^^M' y last Saturday that to meet the demands we have marked down !
i ?£*'\u25a0"- : &sMBt*. - ••*'- QPVPr^I nlinnrPn inf OUT Snl cmfc cinrJ nlor^p 1-Vi^m r^n cnif^
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10 Jj^p|^^ illSj Francisco. We have proven beyond a shadow of a doubt that they cannot be dupli-C J
I r ' R cated for that price elsewhere. We place a limited quantity of these splendid suits on ;
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O fr » A^S :^l^ir WW | Tbeiw parxrnt? «re huilt !n our workrooms hr JOTrnejmen tailors! , Every stitch in their maklns a=d erery *ta?e of their wcrtmansMp p».c?es cader oar p-frsonal ?ur«TTis!on asd wf caa cca- •
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H T T* -9 'T * -*' '^^ \u25a0 \u25a0•\u25a0 ' ' '"'^i'^%' ~--^\f\ 7~ : \u25a0 \u25a0\u25a0\u25a0- * \u25a0\u25a0 - \u25a0' \u25a0 "W • ' • W^^ i
I Ladies Linen buits | 1' Waists Lingerie Dresses jj
I A Special $10.50 Today Only URn $15tb517.50 $TA.OO
I R for today l oaay KJMy ODC Values... T;l\| ;•
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| 'V* 5^ - \u25a0 * this morning. , 4*^^*^^ to* share 1 them; _ X&ih4tllis\ p
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j Fillmore and Ellis Sts; 730 Market Street Ilth and Washington Sts. H.
THE' SAN> GALL;; S^PURDA^vJUyEi S': ;i9o7i
tion to the amentdment added to the
affidavit" filed \u25a0 Saturday: on*' the 'motion
to set" aside the; indictment^ .:'"
TELLS OF LIST ;OP JiAMES .
Mulcrevy " testified under Coogan's
examination, which was s~ scrupulously
objected to jby,; O'Gara;] that ;,the . names
of the • 1906 ; grand? Jury J were : in a 5 box
in the city hall \ and .were destroyed -jby,
fire. There were In the box • 144 . names,
minus 30 already drawn,; and it its i the
contention "of ': the \u25a0• defense 'that ;. from
this list of \u25a0 114 names - the only 'legal
gra,nd Jury . should «have' ! -*be'en drawn.
The drawing of the \u25a0 Jury "for* 1907 'was
then taken up and'Mulcrevy went; for
the records. i ;/ -._ ....
In the meantime the attorneys settled
the transcript -question,-, Delmas secur
ing from the prosecution ;"; the ! admis
sion of the following tentative, f acts :^
, "That if Francis J. Heney .were pres
ent ' in" court and i. were J permitted «to
testify 'he would affirm * that :, he was
assistant district attorney, present' be
fore the grand jury during. the whole
time that body was investigating the
charges which resulted ; in the Indict
ment of, Louis Glass for bribery in the
particular -case- now under, considera
tion; that. he heard all; the testimony,
and that It wassail contained in. the
two volumes of transcript here'pre-*
sented.", . ." *j \ /.: : ; .
'- "When? Mulcrevy rfeturned he testified
regarding .the'/ regular' drawing: 1 .of
names "for a- new grand 'jury ."panel in
January, 1907, and/affirmed { that during
the month of February and prior to the
filing of the Indictments 'then under
NAVY MAKES SPLENDID
PROGRESS AT TARGETS
Second V Squadron of Pacific
" . Carries Off Highest . .
»
.WASHINGTON,' ;, J . un « 7.— Splendid
progress in. J target -. shooting Xwith Ithe
big" guns;ofj the' navy ; Is "v recorded s in
the general^order, promulgated: by; Sec^.
retary ;Metcalf?;today. : it "gives" the
standing "of the respective fleets; squad
rons," divisions'; and vessels' for the'an
nual record target practice of \u25a0 1 9 07 'and
shows that the Atlantic' fleets which 4 was
the wlnner."rs_cored'f 59.346 j "per v cent.'
'against*, s9.34ll" for. ; the; Pacific 'fleet/* ;i
remarkably-close contest. ..The -Pacific
fleet has :• won all that it \u25a0' .could .: r win;
that -Is.? the\crulser,-v gunboat - and
pedo .boat L trophies, there being' no
consideratlon^the list was available for
purposes ".of.* forming; a ' grand *- jury,
which,; thetdefense . will 'argue,, should
ha<-e been secured to supersede the jury
drawn i last: fail." '
Adjournment was then takVn until
S.p."m. \ *f \u25a0.\u25a0")\u25a0:...•\u25a0.
ships "of , the battleship class at present
IhHhat'ifleetf*. '•:,-\u25a0' '
All of , the second .squadron.
Pacific fleet., are 'star^ ships/ except 'the
destroyer^ Paul Jones. \u25a0' A "star ship Is
one --whose't finals merit iis-at least. S5
per /cent of that- of ".the trophy winner
of \ her 5 class."^ . The' final merit; of - Ad
miral^ Swinburne and squadron is "0
per; cent hlgh%r; than the .next "highest
squadron." The vessels of this squadron
were s the ? Boston,^ Chicago,^ Charleston.
Torktown,"; Princeton,- Preble - and '. Paul
Jones. ;v lts \ total 'score was! 74,B66 *and
the Boston Vwon the trophy with 79^7
per. centr", ;'"::'".* i- -. \u25a0 .
-.Last year there-w ere.three star ships, ,
.while i this i^year^ there ? are •10 and . the '
general average of merit is higher. Last
year , the 1 final ; merit - of . all f ships ;,was .
64 . ; perZcent i of ; the highest merit
andthis year 'it is >71 per cent,' showing
a' notable : increase -in ; the "general effi
ciency, of, the shooting. . -. ,• \ •
"^\u25a0By squadron, after the second Pacific.;
| camel; 'the* . second': -Atlantic— lllinois, '
Kearsarge, '\u25a0 Kentucky.";- Alabama. Indi- i
ana. '- lowa, Ohio-^-with. 62.456- per cent,
and in order.came the first Pacific with :
56.55, 'the' third Atlantic with; 55.515, \
the fourth /Atlantic with 55.253, . the
first Atlantic" with 55.096 and the, third
Pacific with 40.650. : *
;;,, In 'the, torpedo boats the fourth flo
tilla, : the Preble and the .-Paul Jones,
won, scoring* 72.ol7 per. cent, wlth-.tbe
third, scoring 60.011, , the; second 57.0.1
and the first 54.408.; - h
;The Illinois won the battleship trophy
withlafscore'of 77.852, the the 1
HEAVY CHAIN PLACED
ACROSS THE TRACKS
Another Attempt to Wreck
Passenger Train oh
Coast Line
SPECIAL DISPATCH TO THE CALL
LOS AXGELES, June "-—lf the report
made . - today ; from \ Santa Barbara by
the crew of; the northbound shore line
limited.' train r'of the Southern Pacific
be true.i another attempt was made to
cause " a train" wreck this morning not
far "", from v Burbank. The.- train 'upon
which the attempt was made is knowi
as Xo. 19 and leaves Los Angeles at
8" aT.'m.; It: is -a 'first "class day train
consisting wholly of Pullman cars.
.."The train was running at high speed
cruiser trophy with 79.997.- the Prince
ton the gunboat trophy with 76.575, the
Preble the torpedo boat trophy with
J8.522. - .-.
Excluding torpedoes and " counting
only guns on board, the Hull ' scor»?d
highest with 76.534, and counting only
torpedoes discharged the Preble was
highest with 92.962 per cent, a remark
able score.
near Burbank at a point where the
track runs along- an embankment on.a
long curve. On rounding the carv«
the engineer saw an obstruction on
the track a short distance ahead. Th«
leading wheels o? the locomotive hi:
the obstacle ' and passed over It and
the heavy dTlvers ground their way
through , It but ' remained on the rails.
The train was quickly stopped.
Investigation showed that a lars;»
chain such as Is used on wrecking
trains and' steam derricks had been
placed across the track and wired .».»
place with barbed wire which had b-.-v:»
taken from a nearby fence. The loco
motive attached to Xo. 19 happened t«»
be one of the heaviest types used on
the road for .passenger service and Its
weight and speed caused the Canges to
cut through the chain.
TAKES I.IKE BY IMI.VLIM; GA*
SAN JOSE. June 7. — During the ab
sence of. his family. Alexis Bouehet*-!.
one of the best known French resi
dents • of, San Jose. Committed suicide
tonight.' He : bored a hole Into an ad
joining. bedroom where there was ga».
attached one end of a flexible tube to
the open Jet and running ths other
end through the wall into his- own
room placed it in hia mouth, covered
his . face with a newspaper and laM
down-on the bed. until death came. Ke
was the father in law of Allogla, z
well known cigar dealer.
Lovers' quarrels are love's renewal.
— Terence.
3