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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, June 09, 1907, Image 22

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Council for Indicted United Roads Men Strive Desperately to Learn What Ruef Told Grand Jury
Tells How Small Fry Among
Restaurateurs Formed
Boodle Pool
Continued from Page 21. Column S
restaurateurs refused to contribute to
the pool formed by the big five. Loupy
li««l been instructed .by Malfanti.
Ulanco. Priet and Adler to "see .'em
all and find out what they would do."
The smaller fry' turned a deaf ear to
I^oupy - s proposition. Loupy \told the
jury the truth co far aa he went and
bo far as ho might go in this particu
lar. But he did not tell the Jury all.
Some of the men who were prompt
enough in turning down Loupy had en
fttrely different ideas about the ex-
of defying Ruef. Pons.
Slanco and Mailhebuau had a little
rsnference of their own. Like the blg-
C?r fish In the pet they decided to do
some bargaining on their own account.
Mailhcbuau was entrusted with the
delicate mission. It was the choice
of wisdom. Loupy had demanded $300
a year from each. Mailhebuau pre
sented the case to Ruef so skillfully
that the boss granted them a blanket
bill of protection for $500 a year, a
net saving of $800 on a deal covering
two years. \u25a0 The flr6t $500 was hur
riedly raised and passed to Ruef with
many thanks for his kind considera
tion. At the end of the year the mem
bers of the lesser pool were not so
prompt. Ruef was compelled to drop
around and tell Mailhebuau that it
was time to "dlg # up" the second In
The prosecution can, if permitted to
Introduce the testimony of the members
of the lesser pool, prove the details
of this coup In lower finance with edi
fying exactness. It can also,/ if it
choses to put Ruef on the stand, prove
that half the catch of this second
swoop of the dragnet found its way
into the pockets of Schmitz. *\u25a0" *
The purpose of the prosecution in
seeking the admission of this testi
mony Is solely to establish criminal In
tent. Assuming that the defense, ad
mits, as it must, that the "fee" was
raised by the proprietors of the five
larger French restaurants and that it
\v*as paid to Ruef — but it has already
claimed that it was received as a fee
and without any lawful intent — the
proof of similar acts for the purpose
of showing intent becomes Important.
For example — and it is . \u25a0 often the
case — the passer of a counterfeit bank
note denies any knowledge of its spu
rious character. Evidence showing that
he has passed other bad bills is re
ceived to show his guilty knowledge
and criminal Intent. '
Heney put Mailhebuau on the stand
yesterday morning and the witness was
permitted to tell about his conversa
tions with Loupy. There he was com
pelled to stop pending argument and
decision of the admlssibillty of the rest
of his story. Heney's other witnesses
summoned for yesterday morning were
Mailhebuau's fellow smaller fry, and
the adjournment necessarily followed.
Will Heney put Ruef on the witness
stand? With Heney this has" so "far
been rather a question of discretion
than expediency. If the special prose
cutor f ollows his natural Inclination
to caution and his very evident distrust
of Ruef — no. If he decides to adopt
the more audacious tactics of the jury
lawyer — yes. -
Heney's attitude Indicates that he Is
a "law" lawyer rather than a daring
trial or jury lawyer. He probably feels,
as does many another good lawyer not
connected with the prosecution, that he
has completed a perfect case without
Ruef. He nas proved clearly enough a
conspiracy to hold up the French res
taurant keepers. He has proved clear
ly enough Schmitz's participation in a
conspiracy that could not have been
successful /without the mayor's co
operation. Ho knows that in law it is
not necessary to prove that any of the
fruits of the dirty game found their
way into Schmitz's coffers. He knows
that despite Ruef's confessions and his
protestations of penitence that the
curly boss is playing; fast and loose
with both sides. He may fear — and evi
dently does — that, placed on the stand,
Ruef. who through George Keane- Is
again dallying with the mayor, may
attempt to protect Schmitz.
There is, however, another side to
this question. It 1b the side from which
the jury must- be. considered. The lay
mind of the unusual juryman— *nd ' he
gets on every criminal trial jury^ — fre
quently Is convinced -only by the last
straw. \u0084 \u0084 \u0084-,\u25a0\u25a0.- .' -.\u25a0. \u25a0 i -'\u0084' -
On this last straw, the defense hangs
its hopes for a disagreement, and' that
Is the best it does hope for. The de
fense will . attack ex- Police Commis
sioner Thomas Reagan and attempt to
show that the French restaurant '\u25a0 cru
sade was a : union labor V conspiracy.
But as emphasized by the cross-exami
nation conducted by the defense its
hopes are pinned to, an" absence of any
proof that Schmlts actually received
any of the alleged "tee." " The defense
will say to the Jury. • "Admitting that
there was a holdup, admitting that
this scoundrel Ruef profited by it. as
be has confessed, there, has 'not' been
one scintilla of evidence pretending ' to
fhow that one cent of this fund was
paid to Schmitz — Schmitz. the Inno-
cent, the plaything of an evil political
associate, the victim of political perse
cutors.** .- ' - .' ' .' .'- • .. ,>-•. ' :
' Unless Hucf Is put on the stand there
I trill be no. direct evidence of a division
1 ot the epbils with Bohmit*.-Such-evi
l dence is hot essential to a' completion
f of the case. ? Guilty participation in the
conspirapy, . as . has . been so conclu
sively proved," Is * sufficient In 'law,? to
! sustain a conviction! - B;it will it*ebn
' vince 12 jurymen untrained In the law?
I One unconvinced would be • aulte?suf-*
'. ficient for the/ realization of' Schmltz*
hopes— a disagreement
rcep might; shield" schmitz
-If Heney makes ' Ruet a witness's his
. fears maybe reallxed.:* Ruef. to protect
his former friend, .may swear that
I Schmitz took his share of the, French
• restaurant bribes'* as ! gifts;-' He', may
swear that the „ mayor " did not \u25a0 know
where the money came / f rom-^-that
Schmitz was justified In' assuming, that
It was but another, evidence of RueTs
love, affection for and- appreciation; of
his stall fed. executive. . But . granting
that these ; fears "i are '. realized, Ruef
must ; tell the jury, that he divided 'the
"fees" with': the; mayor. If he~goea;on
.the stand he will be compelled to admit
not alon e that he ':, divided ' the « flr«t
$5,000 contributed ; by .Prlet, Malfanti,
Blanco,. Adler and Iy>upy, 'but; that
months later ihe divided the .-; $3,000
• which three of ; them contributed) to' the
second . installment* of « the r protection
purchase, price.' And *, If J Heney 'i were
permitted to introduce' the testimony
of Mailhebuau, Blanco and Pons, Ruef
- would also have : to*, tell the \u25a0 Jury-; how
he divided with the mayor, the two pots
a of *Eoo; he: received: from hisiless;pros
'perous victims.
The .direct; connection .of -the mayor
with the, ill gotten 'proceeds .of '.the^con-
Bplracy, would' be\establlshed. i ': t i The!de^
fense would not be able to shout: '.'Why
has . the .- proßecutlbn ,; not , b een ? able ,to
1 show tnata penny of this ,*fee'. reached
' the mayor? Why/ hayelthese;political
•persecutors of 'an innoment * man not
Calhoun and His Associates Open Campaign of
Obstruction Tactics to Prevent Trial
Motion to Set Aside Bribery AccusationsVls . Made in Judge
Lawlbr s Court; and Battle^'of^
The determination: of the indicted United Railroads; officials' to, summon
to their aid'everyllegaj technicality and ; suggested by^ the: statutes
was manifested' by the cou rse of events L yesterday / in Judge -Lawlor's j court,
Abbott were | called to answer the charge of bribery in: connection -'with the
trolley franchise, deal. * .; . - • '• \u25a0 £§?ssfJ3! •\u25a0\u25a0'.- >'•\u25a0' . : ""\u25a0.," : ;.
After a ' futile "effort to I postpone : action \ vct\ the , cases oh: the - ground ? that
the transcript of evidence; furnished did not include, the; testimony?; of: alHthe
witnesses examined by the grand jurythe.attorneys for the defense' spent
the entire day in arguments and : the introduction - of ' testimony < in support
of ,a;motion to set aside the indictments. '\u25a0) Again the "status of thefgrahd
jury, was attacked, • the legality" of the evidence it took, questioned Jandjthe
motives of Assistant' District Attorney Heney.: and' the other Imembers?- of
the "prbsecutiony impugned. - Every possible trickfof * law r was into
play ; to prevent * facing the direct issue, .whether or not \ the defendants were
guilty: of "giving .bribes: -^l|li||s3p(^^ "\u25a0"'-'" \u25a0 "'-'
Unable to secure a .postponement th'n'
attorneys representing; the corporation
men were finally lorced to submit |to
the calling of the fourteen Indictments
against President Patrick Calhoun.' In
stead of entering pleas a motion^ was
made to set aside <the joint indictments
against Calhoun, " Mullally, | Ford \u0084and
Abbott, and the: rest of the day"Vas
given over, to argument and the taking
of testimony that, led nowhere except
to an adjournment until Tuesday after
noon. . .
Calhoun, who had been granted a spe
cial dispensation 'by the court to be ab
sent yesterday morning in order ; that
he might meet members of his family
who were expected to arrive in the
city, . did not take advantage of the
privilege, but appeared with the other
three defendants and accompanied by
Attorneys A. A. Moore, Stanley Moore
and Harry T. Creswell of his, counsel.
Benjamin Maynard, chief time keeper
of. the United Railroads, came with
Calhoun and sat at his side during the
proceedings. Hiram W. , Johnson and
J. J. Dwyer, who had' been sub'penaed
as witnesses, were dismissed when it
was found that the defense, which had
summoned them, would be unable to
lay the foundation for their testimony
until after several other witnesses had
been examined.
Attorney A. A. Moore led the forces
of the defense .throughout the day,
and it was he who fired the opening
gun when court [ convened in the fore
noon. He declared that the defense
had received a transcript of . the tes
timony, of but 20 of the witnesses who
appeared before the grand Jury in con
nectlon'With the trolley cases, whereas
there were 40 .names on the list at
tached to the copies of the indictments.
Moore urged that. the defense* was en
titled to the; complete testimony, and
that unless Hhis was furnished the -In-'
dictments must be set aside. He argued
that LC no grand jury stenographer had
been appointed' the case might be dif *
ferent, but that as long as a. part o \
the testimony, -was taken down a* fail
ure to have it all taken was a mistake
on the part of the* prosecution ; ! - for
which the state, alone should£Buff er. |
Attorney t C *;W. -:Cobb, . representing
the prosecution,, interrupted Moore, in
sisting ,- that : as the defendants •_; had
been arraigned they must answer ;the
charges against them before any argu T
ment would be in . order. Moore In
sisted that the defendants had, re
served all their rights at the time of
arraignment, that' they were not satis
fled with the. service of the transcripts,
and that the court should set aside the
indictments without , furthers proceed
ings if It was shown that the constl-'
tutional - rights . of the defendants had
been violated. , .
"The court has no right to ; bring, a
defendant to trial on an indictment un
less the testimony taken. is sufficient to
warrant that .; indictment," ' declared
Moore. ."It •is possible that an indict
ment might be Inspired \by other mo
tives than those of civic . pride,- and it
would ".be ' a \u25a0 terrible '- thing— a travesty
on. Justice— lf any man, rich or poor.
dared bring here , a confessed extorf
tioner?" That" element "of the! defense
would be wiped" out. , It, would remain
for 'the defense to > convince "the" jury
that' the mayor: in his unsophisticated
Innocence believed . rainbows did , end in'
the "fiddle", box under" his bed.
One of the ' diverting : touches of : the
brief proceedings in the crowded court
room yesterday morning was furnished
by, the presence of Ruef. The boss was
in court to make a formal appearance
in answer, to the indictments ,-returned
1 against him In the Par kslde and Home
telephone ;: cases." He ;came Into", the
courtroom with Deputy / Elisors , : Foley
and Stan ton. *. Taking a seat at the ; at
torneys' > table, Ruef exchanged smiles
and nods .with acquaintances and: later
journeyed .across the; room; for a \wh*s-'.
pered visit witlT a; political, friend. - He
i took a 1a 1 seat at Schmitz's l elbow. •', \u25a0\u25a0'\u25a0
J There^wasv no! warm; handclasp. , The
mayor exhibited no marked pleasure at
the : proximity i of j the • boss \u25a0 he 'deserted
and' whoi got revenge! by alwhole*con
fession of their joint iniquities., 'On the
contrary, the > efforts ; : of 1 the \ mayor *to
appear 'unconscious ' of the ; presence ; of
the man who I was his political^ mentor,
but ; who f frowned \u25a0 oosn s bis s social 'aspira
tions *wer« as^ apparent " as ; they? were
futile. ;. >: ,
/After the adjournment '.of the! court
Judge. Dunne •\u25a0 delivered , his [ usual "> ad
monition- to the' jurymen and instructed
Elißor Blggy to .make the imprisonment
of the I jurors as; pleasant . as might \u25a0be
• under; the; circumstances.* \u25a0 He: recom
mended ', automobile ' excursions," to the
• end that. the Jury got a* long ride yes
terday and;will.;get another, today.
\u25a0 '•\u25a0" - -\u25a0 •',*•• \u0084" ' :." ' -.. --' '\u25a0 . •• ". .-..\u25a0• ; '\u25a0 ;
Tk« rery: ;«exts tlme> \u25a0 that; your, appetite
Is -poor.i bowels, constipated," and' diges-
tion impaired ffet a bottle of the Bitten
from"your* Druggist "and take .a' dose
bef ore ; each i meaL'vyou'lU be : surprised
at the amount of good it .will do you.
, tl3^s»»*-Tff?«fi%' vent many of the
should \u25a0• be -forced to: stand trial.; on fa
charge possibly .Inspired ?by > unworthy
motives; or, malignant ;zealr: The\tran
scribed testimony ; that >we; have '^re
ceived does ' not ; warrant an , Indictment,
and if the. testimonyi that we have is all
that was i secured; " there is. no evidence
of any/crime*."/ /\u25a0: . .-:.\u25a0\u25a0:-' «'\u25a0*\u25a0././-,^^-t^^Si
Judge . Lawlor. ruled that ' the defense
must - proceed kat \u25a0; once : .to ; answer .V;"; the
charges or Interpose; a;, motion before
he would listen ";' to any 'argument.*
Moore stated that the cases 'of the four
defendants would^be^'treated^separ;
ately, "j. bu t that ; the " argument . on 5 the
motions concerning them* would .be
made together.: :: : v . "
.The case .'against Calhoun was called,'
the ' demand " made '\u25a0 for > hl8 ; plea, -' : - and 'in
response Moore^ filed the motion to set
aside the Indictments. " ', : '- ,;,- ••
\u25a0 : The two principal contentions embod
ied in the'mbtion are that'the complete
transcripts \of -.testimony t8 ken before
the ; grand Jury has * not' been : delivered
to t the . defense .and ;j that S Grand] Juror
James . E.. : Gordon' 5 was ; not qualified to
act as such. ; -. A score | of : additional [ con?
tentions of ; a minor.: character, are also
raised. ;;•/•; , •'- ' --, '"^ -"•'.\u25a0'\u25a0 ;. v - -\u25a0\u25a0'' :; v
Among :, other things the motion
charges that Heney is; hot <an
qualified to appear/ before ;" the'i gf and
jury, being employed . by; -. Rudolph
Spreckels as :'. a •- prosecutor.^ In
pursuance of Spreckels' "plan: to harass
the United Railroads in order" that' he
himself •-: mlgHt . secure .; street-railway
franchises. -It is set- forth v thats in
serving ; as assistant, district .attorney
without cost to the : city Heney^ is j act
ing: under an agreement ' to - prosecute
only officials -of ; the United / Railroads
and such other persons as Spreckels
.desires.;';. '::\u25a0\u25a0\u25a0'\u25a0\u25a0.;\u25a0•\u25a0.;•\u25a0; "•;"" •;"- -. >^- \u25a0«.?\u25a0/.- '!•'\u25a0: \u25a0
The motion .also Includes va.l state
ment of all legal grounds for: setting
aside an Indictment, * charges \ that 'the
grand "jury ..was V. not '\ properly/- impan
eled,, that the members :were: prejudiced
and that ; the i constitutional y. rlghts^of
the I were {; violated \u25a0 -,when
they J; were Vcalled %as witnesses before
the inquisitorial. body. *
'\u25a0; Following^ the: reading of . thembtion
the I first of witnesses Trelled t upon
by I the'defehse i to j sobs tantlate 3 its \ va
rious 'claims \ was called;': and » it * became
apparent '; at ? the 'outset : that f one Uhing
most ; earnestly/desiredi by : the defend
ants'/ attorneys <. was "\u25a0; io procure? a » copy
of the ; testimony ; ; given : , by '.Abraham
Ruef before ! the grand • Jury, i Although
it was -denied v;by; the ; prosecutlonV that
Ruef had r testified": concerning, the trol
ley.:cases: and y by.;-.' '.the;?; grand: v- : Jury
stenographers who -were placed ion^the
stand ; that ; they/ had. taken !-anyj notes,
of Ruef's testimony," the defense fought
long and : hard to gain > an s inkling ;of
what the? fallen boss had \u25a0 revealed. i* r "
:•-- Miss • L. ; H. Condon,' , stenographer^ of
\u25a0 \u25a0\u25a0\u25a0:. .. ...I: :..'..—... ... ' • -i-i-'-nrrnmnnrrJinfLiuiAfULrirvr.i>finnrinrnnrnriirrnr-nTnnnnnnnnririrri-rr-i-n r 1 ttc-- : - r--Trrri-i"*-v-rr- rr-rnV 1 1 r irrn- <r \u25a0i n r— rnr--rr--r-'riTnnw
n I f C«." "\u25a0' ' ! \u25a0' Ann . 1 I.'T' \u25a0' \u25a0' \u25a0•' '\u25a0'•^jfilwliiß^^P'Ssk^^WßWli^^P
;puck:siv: -Moyes^'^zp^ .and;: XJp; : foi 'Wmm^^MSßMW^:.-
;^' THE iv BIGGEST l' FURNITURE HOUSE IX isAN FRAWCISCO carries'* W% *<-, , T" •'' "' \u25a0> - *V-TV 1
double the stove stock it is possible to find elsewhere. i^BMß"**^ I *-*?'^ - ' sTC i lr»O v sT» s> '-fff I\u25a0. HlHi'it't'sA/l :sV^^-%^l'
.'• . ,Welmakeia specialty of Buck's steel stoves and ranges. -Tou should , - \u25a0; UK CiOO ="•': :M :JL lllJLlll^Vt UvU
ownfone^becauseltstwhltefenameliovenTlls^clean/and*' sanitary.' f^Because*. ; ,\u25a0- t \u25a0\u25a0-.\u25a0-\u25a0-; >- ,\u25a0\u25a0\u25a0.-;\u25a0 \u25a0\u25a0\u25a0"\u25a0*** -\u25a0 >..*• *\u25a0! --\u25a0 :-/-;- -\u0084--\u25a0> .-r-w-*;»>.,.:v*:. ; v..:-'A-v:N,-.«)-:'.-. . \u25a0 ' ..".
It iis? ai f uel S saver.*^- Because 'itop % oli, stove J and t bottom -of 2 oven k are ? non- % *\u25a0£\u25a0. 1 THE iBIGGESTI FURNITURE s HOVSB;IN SAX | FRANCISCO h makes : an
, warping.^: BecaifseHt sis ' an ievenibaker^ with! a^sclentificallyiventllatedioven.% i unparalleled v bed v offer* this c,week.::-r This r*ia\ an; extremely ; pretty brass
Because it is beautiful in its proportions and general appearance. Because Strimmedpenarneledijron^bed.^wlth'.t^continuous "i posts : and 'heavy chills ' :
It :1s; easily 'keptt clean.T£ Because; Its I nickels trimmings f,are?ofJthe?heavlest^ \; Height fof ( head,'i63iinches;*height?ofifoots4s£inches.v; Both J headland* foot
; stock and; do inotitarnlßh.'^Becauseitheyi are* positivelyj guaranteed^ in; every v C are* trimmed >with*: a' brass : :rod,~ ornamented*; with' a brass? husk. ; ,• .In \u25a0 the
. particular. ;5* Because ?.wev sell Hhem 1 on 'easy : part '\u25a0 payment' plan; \u2666double;sizes,we^have>them f in^green>white- and 'gold; :blue,\ white and sold <;
•there" are^other^reasons.-, v-_u -_ /?..••,,*->».-. : •.-•.., 4 and cream and: gold— in^ the < three-quarter ,>»lze,-; green, white and gold* and"
' '•\u25a0 >•»\u25a0*% ii^Wm *»m »»mV**»i«ii«'«^ : - ;: "'""'' ( ' c "'*'"' ; * ::! '' :; ' *' i '"-'"*v"' v -r^,^. .-'---"-\u25a0: S :';';:'i'-;* ? -':^'l^- : - : i,:'JZ' ::t:^.-- \u25a0\u25a0;. -\u25a0 ' " : ."-,:\u25a0\u25a0 - : .-, .- \u25a0 \u25a0• —
I^S3O -. AXMINSTER Vlfl Q 4tf Q 75 4 ' ' ' - " We have - animmen "« Invoice, of them.'.but to . avoid all disappointments ,
_ -::\«?r. " ; ;^TIV-f;V7^ •* •« i; .*>VVO^fly».iwA; :- ; V -\u25a0*•- v not more,than;two beds.willbesolditoone'customer.i- We posiUvely aasert
i>u,Fulli room size,! 9 cbyH2 if eetii For; color softness :and*foot' softness they.' ; -that an ordinary priceontthis bed»wouldlbe s ?ls.^ It is absolutely ' 4eiie ;
are unexcelled.; ",The? offering;: Includes (high s class patterns.;,^ Some rare \u25a0 .in 1- Kthe best ; bed bargain; we; have} ever; offered." \u25a0\u25a0' This week" for.?. .;;..»«)••»«>'
WR« ! $1 aBONNEvFEMMES^ 50c
; iM^^^-^^^Mir* \L; Empire full three yards
;Fungroomi r ßige,VB;;by >12?feeUv Floral^ oriental^ scroU*andftwo:tbne,J ilonr«andasosinches*,wide;;/They,Bhould J hang:one to a^window. Effective.
any^rbomilnsthey ?«tyfiih^«ib»r«aUi.>s=;-iKV t -Tr*^.r": 4: .^7'' ~:sV ; - - ;•»: - *
house.. >\\ ehavejOnly a few, of ithese.' \u25a0 t \u25a0 • : - / . \u25a0 ..... .-;,--., ».\u25a0%\u25a0;\u25a0.. y c\ . -. -... . / :\u25a0-,,'' \u25a0 \ ".*
: - ; 1 B iii^iiv^^^^iill i a sssi;so><eough covers^ 95c I :
-\u25a0\u25a0•\u25a0K-ii* '\u25a0^^^r^^i^^^^*- I V > VV»p,> l iy !•***>,.; - --tittS § wide.
r.r WtfJlo^ ?2 dp 1 f "fn^n.chplceLorlenUlsandvfloral* patterns./, Think i /yWejhave'JncludednnHhisSoffering^some'thattare- 60 inches wide and
of . g « tt , i ? Br - a r ,?alj,velvet rug, 27x54^ inches/, for ia price like this. . ' \u25a0 fringed aUi'round. rich oriental v color, at |1.25^- :
*, \u25a0\u25a0'\u25a0\u25a0'\u25a0. -'-\u25a0 ' "•' \u25a0 - \u25a0\u25a0• -\u25a0 \u25a0\>i-^l^i!%ifg-sigsss^^\ >i -^ 1^i!%ifg-$ig$$s^^ •\u25a0" '...'\u25a0\u25a0 ,.. .\u25a0\u25a0 .'' . , ' \u25a0
the" s grand Jury,' .was - the,, first
swornr and = she j refused to ." anawerjany.
questions put ; to" her s untll : instrucf ed by.
the, 1 court •toI dp ' r s6;* f ,Then ; she ; declared
that I she t had •\u25a0 not* been* present- -'when
Ruef; waa calle'd'ibef qreihe grand Jury.*
She~was asked- If she; had ev"erJhad?ln
her ..possession^ any -statement .-which
Ruef :; had ; read \to * the grand ; jury; : but
an;"objectlon ' to ; this questloniwas; sus-'
talned /after * a i wrangle jbetween .* the
contending ,, : attorneys, \ : during? -which
Heney Coffered-' to goon- the V stand v and
give any information that Moore might
desire.";,";, : '\u0084.:•-. ;\u25a0' ' - -\u25a0'.' \u25a0 - ' \u25a0 -^" : . '\u25a0'-
\u25a0 Clara "jw. Smith, Heney's , sten-
OKrapher,"' who j acted- one, day,, as: sten
ographer^ for: the grandr jury, .was asked
practically ; the". same questions aa;those
put / tol Miss Condon, and gave •- similar,
answers."; •• Moore ; noticed the : fact that
she; had£not v brought her; girarid^ jury
notes with hereto court as instructed to
do.'i and ] demanded ". the reason ': f or ; it." w
VI took lthej liberty as assistant' dis
trict i attorney .".'to advise - her > not 'to
bring; them instructed do >o
by the .court," : answered Heney,-; Jump-
Ing jto his feet.'. > "These . notes . are : now
infmy'pbssessibn.'f : "\u25a0:':/: -<f ; :\u25a0 "\u25a0'\u25a0: Vio "c
; ; 5 Moore to \u25a0 Heney'B , interven
tion^Yahd^asked that the "witness" be
instructed Ho produce the. notes. . r". -,[
C? ."l 'will', lnstruct' my clerk ; not to t ad-?
Mit :herj Inf the rooms .where they, are,"
retorted',! Heney.v and the- matter was
"dropped^/-"' 7 .-^-/.i :-..-\u25a0 ' \u25a0\u25a0, .. '.}
U Secretary ; Burnett of the . grand Jury
was J put ' on - the > stand \u25a0 after .the f. noon
recess i and 1 was C questioned ,; as : to the
minutes I kept ' by' him. I Moor© {attacked
Heney's t presence v in : the a grand [ -: jury
room j and -endeavored »to \u25a0 show j that Ino
legiltappbintmentv of I a; stenographer
forithe body had ever been; made. .;- He
claimed* the, right to examine '-tiie!" grand
juryi minutes " on ;- the \ ground \ that I the
secrecy/ of 4 the \ proceedings permitted
thelVprosecutlon and". persecution) of 'd<J*
fendants ;.ini the grand Jury ; room." ;•"\u25a0.;.
: '. The Inquiry turned to the i substance
of : the 1 ! testimony :of ;,the 20 -;. witnesses
not -: contained .in the " transcript -j fur
nished the ; •; defendants, \u25a0 Moore; urging
the right of ; the defendants to' have"; lt,
and? Heney > citing to -show
that ;j the -/district attorney /.alone \Miad
the f option of : deciding what .testimony
or.l whatipart i of; the \ testimony^ should
bef reported. 4 *}; Moore ? retorted "(angrily
that the secrecy concerning partof'thlg
testimony, i and the"; reason i for * not » al-^
lowing : it Uo ', be ;i reported \ was i to^ pre-
vent Uhe.«: defendants from attacking
the -. f, ' indictments. ,' He brought Shis
statement* to a close ; with a promise, to
show/- that a the . was :, found
through >!, "a - hurly-burly, "go <as 'you
please .bid i for : .public favor.".: :%"xr_ - :'
v The % court J ruled In \u25a0- '\u25a0_' favor.:, of : the
prosecution, f and '. Moore's >'• " next i qu'es-
tiona'ltb':* Burnett n regarding
Ruef Ihad^read ? any : paper .** 'before* . the
grand f j ury| brought ] forth 4 another ,; > es>
poatulatlon If rbm *• Heriey.^'andjhis
citement,ltogethefjwith|Moqre'B T iretort/
almost V- culminated '(> lnft|opet»:J trouble.',
sWhen* ' Heney > concluded % his f argument
Moore "* sarcasticallyj said:.y j £ v *-" "-i :
'-;? :r?c \u25a0-\u25a0 m:6orb" ; beco»t^"'ugl^;^^ 1 ' 1 \
'.The mere loudneVs:bf fa man's j: tone
brjtheiswelling;6f vthe'blbodVvesselsliii
his \u25a0 face'; does ' not > make " his -'statements
more % emphatic,'.- though .[. it -Tdoesl. * maka
the" room I rlrigA^Whatever j Mr. jHeney '
.with: that ismilejoflhis.^wants^helseem*
to! think tthelwltnesaes;;should : ;answer.' r (
Judge ;L.awlbr. r : made • peace sand? the
Incident was ;, closed." 1 >V--. *\u25a0 . V.I : ' -
j Clerk ' H. Jl. ; Mulcrevy j^was 'the
last .witness | swo'rnTdurlngr.;the'!fday".'i cAnc An'
effort S was made"; to i adduce testimony.
Transport Shermair Arrives
With I>arty of the ;:
•^ ; }Natioh's Solons *
!; .The ' transport: Sherman, -which ar-,
rived ;in port' yesterday, brought back
theV congressional -party; 'headed -"/b'y.
Sepator.*^!:K.^''Piies/iwhich i jSpeht_vthJß'
last»;five .'.weeks in^ touring"-.thej-'Ha
waiian'islands." The" congressmen went
to \u25a0• Hawaii' liisf the vguests *of the f ' Ha *
walian-legislature,*s,which^ appropriated
|15, 000' for, the : purpose \ of j giving; lead-,
lngimembersyof "congress some?; first
hand 5 irif ormatiohrabout Uhe [ prosperity,
the", necessities ; and » the ; future \u25a0 of Uncle
Sam's-; mid | Pacific .posses
sions.' 's^The « result ', was "'the most I com
plete Jandv thorough^ tour^ of ; inspection
of "the"island3~:'ever?jnade:by:an'oflicial
party ; from * the'i stajtes.V VThe \ party in
cluded J members "of ;r;; r ; the^ several _' con
gressional committees .;mbst; concerned
with 1 * the '* territory' and \ its \u25a0• grovernment.
The > committees ';. on r- territories,
and^rneans,^ naval"; affairs, f rivers jand
harbors,; military , affairs and Interstate
commerce ? were represented. :;\u25a0 :^ s*rS^
-j The ; members T : of ; ; the - party say that
through" him concerning, the drawing of
the C grand jury/; preceding Hhe present
one, .which^the defense "claims resulted
in'theUllegalvreturihlngJof 111 ; names it»
the ' grand . ju ty; bojc; ?> A^lbri'g, tfrgume'nt
as r to the " admission of \u25a0 Mulcrevy's . tes-'
timony '* t ollowed, ithe Tprosecution > con-f
tending;that,n6thrrig.but:the oourt re'e-f,
ord I Itself 'should be ' admissible as -' evi
dence, 1 1 and the ' defense asserting ' that
: it had } the ; right ; to; question ; Mulcrevy
because 4 the j court j, records % were :de-|
stroyed ; in , the . conflagration. Even .this,*
the < prosecution 'claimed, /would not es
tablish Vflie ; basis "\u25a0 fori, the .'admission \l ot
M^ilcreyy's ;i testlnioriy.iwhich -would = be
'merely-; that: of a;witness to the action;
'AX restoration \u25a0of the : record ; itself must
precede f * any y such.", endeavo a, v It -'was
argued."'. \u25a0^/ v ;-' ; ".':^.\.\ : ?'f->-j-'-\-"-'iij,ii
--."After;; several {t alse starts:and;lriter
.ruptiohsTfrom" members o f his .own and
the fbpposihg/pdunsei, 7 : Moore "succeeded
mV explaining . the ( stand '\ taken j by,J the
defense.fc'oncerning;; the
matterT >speclally K - y with : reference' toi
Grand Juror ' James jE. Gordon^ : His j ex-i
planatlon solved several of .the dlfflcul- 1
ties^ and jibrought "the;, matter '.within
range. of a possible stipulation concern
ing- the great mass of allegations.- .
( - : ;Thls I result caused Judge : Lawlor^to
declare Hhat "the '.Vunpreparedness and
academic arguments of counsel" tended
to : wasteTtheAlme ;of vthe'eourt and he
suggested v that '-, preparation 'i for
argument t be -made -.before -Tuesday,'
.when, \u25a0> he^ announced,"; the leases would
be' resumed.v . \u25a0;\u25a0'<.-\u25a0_ \u25a0".,'\u25a0 -j K;'- "<''.'.. ,' /\u25a0-\u25a0\u25a0,';
'.S'i Moore explained .'- his- contention that
Gordon _was ; disqualified as being based
on 1 thej'drawing « of ; the -* present -'"grand
Jury. I?: When the jury.' .was,
-drawni on 'April;; 3,* 1906/. 30 _, names , were
selected, and \ from these 1 9 1 were choaen
.to- act as gf and JurymeniJX WToore "claims
-'that *jth«i^therj:i 11, / including -\ Gordon. 1 ;
wereTdismlssed - by^ r Judge • Graham,'? but
'.that /after,: the '.flre.t ln'^ making; up >: the
:new''grand ; Juryilist,\County^^ Clerk Mul-;
fcrevy/i placed t, their."; names in : ." the i. box
with jthe ''llf./jfGordbn'c^was
1 drawn Va> second* : tiinevahd 'selected ' as ja;
grand \u25a0"s Juryman."- »Moore % contends \u25a0 that"
: his .nameji should never. -have been ire
turnedUo-thebox^.; This is^thequestioh
;Whlch twill' be ' argued .Tuesday.^'" '% '\u25a0\u25a0 " \u25a0'\u25a0. *
• : jAssistant j District*^" Attorney.'!; Heney
announced ; bef ore f the ] closing ; of court
that his contention would be that Judge
Graham's^order, : concernln,g;thV ; placing
of -).th© ?? names '' in* thefebox \when '.; ? the
present ? Jury \u25a0\u25a0-. was' drawn ''in • October
. foreclosed - any [opening for •_ an v attack,'
and: constituted a court Judgment which
couldj not 'be : overruled j by/- another de
partment *f the 7 superior court. V
ev'ery^ courtesy.' possible J^was . .shown
them ;' r and .'. that '.the C manners ' of : - the
people \u25a0 Vhrere-"; were, • 1 ike 1 the \u25a0 climate.*' as
mildias;they; were! delightful.," Senator.
Pil«a^ln-*speaking^of ; the trip, -saidi^r^
§? *!We j went ; to f,the". Islands -on the Jii-'
vl tation r i of fj.the ." Hawaiian '[< ' territorial
goveramen t, ".. and % we'ibeli^ve . that .-our,
visit-- will , be-"conducive , of . much ':. good.
; "VVe practically ; all Tthe ' places
of interest in the Islands and came in
con tact, with all classes of the people.
Ourj knowledge of the conditions in the
islands was thus Increased' enormously,'
and <; will, :\ no v doubt;^be * t 6f Rvalue ; In - f v- ,
ture discussions touching on the hand
dling'of the^\ territory '.washed by^the
Pacific.-; We possessions .of enor-'
mous >alue "'there, and .we should I see
to' it^, |hat jtheyj are" given proper 5 pro
tbption land ; ;that;. the: industry .of - -the :
people ?lsv encouraged. \u25a0"". ; ' -,
-^."Goodv feeling..^, toward '\u25a0 the '- \u25a0', United
States predominates all Hawaii. There
are", -of : eoursei^a" large number "of ' reao- '
tionists xwhoj ; desire "i^the '.re-establish
mentfof the* old I ? order of; things and
who ; prefer.' the , monarchical Uo «the^ re
publican (form of g:overnment,f T)ut?t!XB
immense majority ! of;. the • people " have
become'^ enthusiastic "supporters of the
flag:; and < s believers in the • institutions
for, which; it stands. \u25a0 - - :;
'\u25a0 ..'Too: 'much < cannot be said of the
school,'* system.'. in ..vogue there,", coiv
tinued Senator Piles. "It is magnificent
Over." every school.bulldlngr'sthe 'flag t's
floated : : and is the ; object :\u25a0 of "great : : re^
spect 1 and : love, from -the children. 1 * The
latter are learning the manners of gen
tlemen. The boys doff their; hats when
they, arespoken to on* the streets," their
demeanor .: is : . excellent, : and ..'they _will
make, V- though'; brown' [skinned, ; fine
American citizens: This will be largely
the -.-result of .i the work ? of the* great
'American^school: ma'am. ~. , --.
"r^'The' Japanese^ subject formed no
part of Viir investigations and was not
; discussed i by^us." Z»~
-I The partyy will. break up in this city
after a ;f ew. days spent in , sight seeing.
Many^weht^to rPetaluma- yesterday and
todays-will r.vlslt \u25a0; the property .' of the
Italian. Swiss; colony In Astl, on lnvita
tionj of Sbarbaro. . \u25a0
iv Major n \ General , J.'. Warren Keif er,
congressman, and speaker in the house
6t the fortyVsevehthTcongress, was also
in i the [party. ' While ' the general 4ls 71
ye"ars old,;he is still aman of .remark
able :.vigor. -.^When ' congress convenes
>thls -J; fall Tr the:-' general will: begin ihis
sixth \u25a0 tefnVit-tHe * was - pleased greatly
with, his ..visit to the islands, and reiter
ated " the sentiments expressed by, Sen
ator i-\The i ladles in the £ . party
'.were loud* iln r.their. praise, of th© enter
tainment v and hospitality ; extended to
them . during th.eir trip.
/is a list ; .' of " those : who
made;.* up': .the :. congressional 'party,
nearljn all of the men named being rep
resentatives in congress:
." S.~ ' n." Piles, W." P. Hepbarn and wife, J.
Keif er. E. F. Aebe«on. James H. Daridsoa.
James V.. Graff, E. L. Hamilton and wife. I>. S.
Alexander: and wife,' A. B. Capron and. wife,
F. v O. S teTens and % wife.* J. P. Connor. C 15.
Littlefleld and wife. J. , 3. Fitzgerald and wife.
A."L. 'Brick.^W.'- I* 'Jones and wife, George L.
Lilly' and l wife, James C. Seednam. Georjce -W.-
Norrls,vA; I*~-Bate«. P. P. CampbeU. W." W.
Wilson, K. D. : Cole. Charles McGario. Mrs."
Graff and > daughter,' Mrs. Connor and son. Mrs.
Brick 1 and daughter. < Misses Aehesoa, Miss Lit
tlefield. Miss : Bates. E. G. Lowrj, ,A- GarUey
and wlf • and 'A- S. Hartwell.
: \u0084 • icLAW OF OAKLAND
S^W.^Kercyt Arrested and Policeman
*: Describes ;.Chase in
Cv • :; r-j City's j Automobile
'/{OAKIiANI^,"June' 8,-r-S. "W. Piercy was
found gull ty^bf^overspeedlng . an | auto
moblle and '.wa*] fined . $10 : In .the police
court* todays" -Policeman : George Cava
ny.'Uhe > department : chauffeur/recited
how i Pie rcyi had: whizzed by \ the police
machine inihla own car^at Fourth aye
hue tand; East ;/Twelfthl street and >"as
hotti bvertakeh I ' until- , he . had reached
.Twelfth < and 'Harrison: streets. '
' ?"Piercy' declared that 'he was not run
nlngi'.mbreS.than Isix I miles , an. hour.
Cavahy^saidr that; the ; speed was 'not
less ithan72o ."miles an .hour. .; Piercy.
who is ;' a; well; known: auto drlver,;as-.
'serted that he Intended to' test. the law.-
•/ v Consulted Several Physicians, tut
* they Did Me No-Good." Pe^ru-na.
and Man-a-lin ffefyed Jse."i
'\u25a0"Mrs.: Aline 'bePasse, 776 Ej I«sth St.
New:York,,N.;y.;;wrltes:, //. ;.;
t*l"lt gives : me*" pleasure to. testify to
the<, curative .qualities ..of Peruna and
Manalin;/ -^ -^^ \u25a0-'."," ," *+v:"^
/"'"T.was afflicted. for over* seven years-
\u25a0with' catarrh of tlir hmd, throat, anil
dlscwtlve organs." 1 -I* consulted •\u25a0'fe any
physicians." but they did -me no good.
- ; VOne .day I happened to" read some
testimonials in . your Peruna almanac.
I decided to try Peruna and Manalin. I
bought a bottle of each, and after tak-
ing. them for a week I noticed- a change
for " the . better.' ... Sa I kept it up, .and
after, using." twelve bottles I was
perfectly cured.; , Z?'\\~ 'V '". ' ,
,"Iralao rr gave' the, 'medicine _to my
children and they, fead;. the same bene-
•flcial iresulL* -I' wpTJld'never be with-
out, these "remediea^ln the house. \u25a0
- "I* highly recommend :^P?runa and
Manalin to all my friends, and in fact
to everybody."-. * '- ' '. \u25a0. -\u25a0
Miss Mildred Grey. : ilO Weimar St,
\u25a0 Appleton.- Wis.. writes:
"It gives me pleasure* to recommend
Peruna for "catarrh of the stomach. I
had this disease- for a number of -years,
and could not enjoy a mouthful of food
that I ate. It was indeed; a great relief
when I. hit upon Peruna, and obtained
decided 'results from the first I took
six: bottles before I felt. entirely cured"
of my trouble, but I had an aggravated
ease."."-: "' .\u25a0.:.-•\u25a0\u25a0\u25a0 -\u25a0 -• \u25a0 _--. \u25a0
\s installing in its '
building modern safe
deposit vaults.
Cor. Suttcr and Trinity Sts.
Above Montgomery St. .
•R»fiV > *A\l»«ll ' *boattliewonderral
Bsvi^WSfjH MARVEL Whirling Spray
V^^S^^rW^ilT l1 * new V»rlnal SyrT»re. In-
\S\?Vvte&^S^ jectitm an.i S'Mtton. Best—
-- _- Saf-st— Mosm;oh-
Aik yonr drnyyigt for IOSv jfiu} Dii:i;it ll±~*^~**^
MAKVEI, accept no\^^f.~&faP^(~*^i
cttusr.bnt send sump for 'SK
Ulnstrsted book— lesled. It KlTes M 'Wm^*
toll particulars sad dlrectloas In- (Oft, I \u25a0 M /
ralnable to ladies. MARYKL CO. rSli/ '.;;«- m
&>&&*& tills ia JKeJI aa.l Void me»a:Uc\V/ .
—P&*j *£***• *"'«! with. Bluo Ribbon. \/
I*l *^*a Tok« no athep. B-it nfrnar V
I *\u25a0"\u25a0 Jf \u25a0 DIAjiU.MD JCKAM> PILLS, for «5
\u25a0 : l«ll*^»Wte*V^Sa»riKnwtaco. ,
. In - Busings * and ; Shorthand.- Mlalna.
Ctrll.- Electrical and Automobile . Enjrlneerlns;
Ojlleges In eig&t : cities. Tnltloo (toort la soy
school. Call on or sddress E. P. HEAIJ>. Pre».
Confsrs ;a«rr««s and grants diplomas: scmtnsrr
course accredited to tie UnlTersltr and leading
Eastsrn college*, v. Rare - opportun lt li«s offend In
n»«3lc "1 art '. and •locutiou.^ lA>rtv-secnnct -Tear
Fan twm opens August 15i-1907. : Write t»t
Miss Hariii School
Boarding and day s«hooU Interra*dlat«. and
primary departments. Certificate. . admits to
Stanford. A assar and Wellesley. Reopsns Auw»t
thoroughly modern. »t«am
- — — — _ — ';"' * -^-.- •"•• -- • - • «
Mt Taiiialpaisi'Military Academy -
I* i-s*ki>vs&S\tuur&Bii: 1 \u25a0\u25a0' ,- :
iJ**,'*™*} -Wnx* mlllrary tchool
U>la sld« of th» .Rockies. > Opena AugustMth. ••
. 7 r " AKXHVi I CHOBBY, D. 'J>,\ Hsa4 Vaster. \r
; Pine and Pierce Strsets.
„ Conducted; by: Dominican Sisters.
a Full Ac*d«mtc Coarss, Langnage% jt Vocat aad
Instrumental Jlhmc. DecoraUTe falntln* In Oli^
on Porcelain. sln Pastel and ; Crayon."^ -
.* s (Ep»seopal) " . BurUntrmmitZi CaL '' r ' -
: F " u Teria Begins Anrast 13. 190 T." t.
BXy.IWttXIAJC:AoBa£WEa.>A.>B.. RaetCT,
:. ' PROPOSALS— Bids .wanted— Notlcs Is hereby <
giTen ; that j sealed proposals will \u25a0be received by
the Board ot Directors of the Veterans' Home
of California. -at f. the -Veterans' * Borne. ' Kana
county. California. uj> to 11 o'clock a. m~
- -v-^.:- MONDAY. JCNB IOTH. 19OT. - \u0084.
AndTopened •Immediately < thereafter In th« Dres-
ence of bidden, «for t fnrnlshlns 'and dellTerlnz'
qsartermaster and commissary \u25a0 id pplies. etc. for '
the * Veterans* - Borne, r N«pa ; County. California,
(railroad j station .yonnrrllle. f.,0..,b.) for oo«
year.- commencing July 1.-1907. aad ending June
teth.-: ISOB. 3 Schedules with mf ormatlon^nd £!
stmctlons for submlttln j ; olds will be . lornished •
upon, applies tlon. by the inoderslgned. » Bidders
will - carefully ? follow ;: th« • . conditions \u25a0, of a the
schedule*, i and no bid i will be considered unless
It T Is , In accordance ! with ' «uch < schednle*. . B Ws
""J?*." 1 '? * «•*•.«\u25a0 »»Pl««i I submitted whenever
called tet^ In th« schedule. « Each bidder * most
acex>mp«nyihla bid with a cmWed check upon
some -well known sod responsible. banking house
f or iat • least 10 per . cent of the amount ox his
bid, 'payable to C. de-ColmesnlL. Treasurer, cos-
dlUoned ' that ', the \u25a0 bidder ; will enter into » rood
and v valid * contract upon notice of acceptance,
aa Required by Uw.. The Board reserves tt»
right to reject any or all bids and to order any.
quantity orer or under .the • amount i tpecifled.
r~% Preference z will be « riven ~to '- goods * mana-
f actured or • produced ' ta this State, s price.' fitness
•fl" 111^ b#to ? * I *^ * nndec <- the , proTlstons
at. Section 3247 of the PoilUcal Code, t »
*• Address * John* r. ; Sbe^han. Secretary" of {thf
Board iof J Directors \u25a0of the Veterans* * Home of
California,-* Veterans* ( Home t p. iO.).-; California.
|i >y \u25a0 Wtdjrg^jjtt j the ; Board -. of Directors.':;"

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