The San Francisco call. [volume], July 26, 1907, Page 3, Image 3

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

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Sioeiety Folk Tfirong ' Temple Israel" to Witness Giver
Continued from I'sgre 2, Column B I
plare before the jury. If Honey had!
ttartrd In his address. !n a" conversa- j
tion&l voice and \u25a0vyith great moderation. '|
Coogran bo^an Jr. a whisper. Only j
those roarest the jury box could hear)
fc'hat he said in his -initial paragraphs, j
Btlt he warmed to his theme and soon i
his voice was raised in an impassioned !
rflea for .the. liberty of Louis Glass.]
whom 'lie claimed as friend, and whose i
prosecution, he said, was tearing, at the j
hearts of fjrood ' people everywhere. ]
Contiruingr, he said: '
It will be ray duty to assist yoti in petting at!
tbe trotu that !S.-»s at the bottom of this ac- >
cusa'ion apalnst J>mis Glass. Much I'«b bwn ;
»\u25a0•!<! by thr attorneys on both, sides, auJ there j
may In- a confusion in Tour minds "as to what is-^
contained in the evidence aad what \u25a0is pimply ;
. th» conclusion of the lawyers. If I make any*
n-.;.-: hki- abont the «-vlc!encp, charge It to my <
memory and correct me if you will. !
I have tried cases in the courts of San Fran- ]
<"i»eo for over a quarter of a century. This Is
tte first time I have *ver faced a Jury composed
• of entire strangers to me, and to my client. .
lauls Glass. I am glad It is co. I make an a
appeal to you in the name of Justice alone.
Justice which should be the same to rich and
poor. ;
The csse is of enormous Importance to you and \u25a0
of ouonupus resixmslblllty to you and to me. |
• Whet responsibility, I esk you, is It then to this j
<lffen<2ant? This man has run over three- I
qutrtere of the course of life allotted ta human
ity. At this time of life he finds hlmst-lf con- j
fronted with a charge th«t wcnld. if sustained.]
shatter the Lenor ue has sustained, ruin his life !
«cd sadden his 1 hundreds of friends aad relatives, j
But If lie is guilty, the conseij'ueni l e« are his ;
to assume, not yours; still it is proper that I ]
6l>ould allude to them in order to impress upon j
, sou the awful responsibility that rests upon
your 6hoclders. \
COOGAJf BOXTBTS EVIDENCE • I
We enter upon a discussion of this case witb
the presumption that he is innocent and that
presumption *-ill coatlmie to abide with him"
throtsghout tlie trial. To the state belongs the
responsibility to ebow beyond all reasonable
doubt that he is guilty. If in your Jury room
you should Cad your mind hazed with the
slightest doubt, that doubt, the court will tell
you. must, be resolved ta favor of the de
fendant.
, Mr. Glass wss ladlcted for bribery. It is
claimed that he did pay to Supervisor Boxton
the cum of $5,000 to influence him to Tote a»
ecpervisor in \u25a0 favor of certain interests then
pending before the board, and these Interests
were those of the PaclSc telephone company.
That crime was composed, of 'various elements.
First, it was intended to Influence Boxtoa
by the giving of money to assist the telephone
company by his vote. . The court will tell you
•bout the reasonableness of doubt in this con
nection. V.'as the crime committed? Does the
evidence Phew that the defendant did Wt These
• are the vital fact* that the prosecution must
rstab'.iKh before It ccn ask *t yoox. hands a ver
dict of guilty.
Let us conEMer the question whether the
• crime was committed. Boxton was a supervisor,
and the evidence shows you that he was in the
"pen-Ice of the telephone company at a salary of
fIOO per month. The prosecution Fays that $100
\rnoDth was given to Supervisor Boston to be
**fri»-ndly ?I to tlie Pacific telephone company.
• Bat Boxton has told you that he voted " on the
question involving the Interests of the telephone
company os be had originally intendi-d to vote;
th»t his action as a supervisor was not influ
enced ia the s«?ast by any extraneous eircum
rt*cce.- \lf voted as he intended to vote. ~ Bux
•t'TO hss t:>:d you that it was not until after he
. lisd vofpil Oiat be took the money which the
l»ros<-*nt !«a seeks to fasten as a bribe transac-,
tion from ibe hn^d of Louis Glass. Could Su-"
pervisor Roxton l>e bribed to do what he had
ulrrady d.iae? If his vote was'euch as was
favora!>> to the Pacific, telephone company, can
it be Jirg«i it wzs a purchased vote wKen the
money -wliich Boxton «-.ys he received - was not
5n his hands until after he had voted?
EISCEXEITS STJPEBYISOES
Cou:d if be seriously contended that it'hss
h*v>a sbown liy the evidence that Boxton was
I'liUed to vote.tne way he did and that Glass
rtM it? Will yon let it be said that he was
:;\u25a0 M.fed of one crime and convicted of another?
Toil will be told by the court that Wi:pn the
l-.m?rten of proof is on the people the eaye mn«t
lw proved beyond a reasonable donbr.' !f *-«;j
find that the money was not paid ;.-. ::
!~"itii the purpose of corrupting him — an.l S:
>t hn%e lx«a, according to bis own testi:;v. . •
en.Glasn must be acquitted.
Nuw wks the effonse charged committed? It
n^t my purpose to abnse .; supervisors. -As I
r- them come »nd jroupon the. eland mo j
t!:era £ro;:s«3 ny pity, others coateiapt. aad
t others disgust. But you must consider
T'-.e l»w In its wisdoa provide* there is nc
-.cf evcept froni a reputable source.' These
••a contradicted tlieir own affidavits. They
\u25a0c »-cf^>inplices. You cannot convict on the
*:imoar of accomplices' unless such testimony
\u25a0mrroVwaled. Those poor women Mr. Heney
..;« spoken <if did not corroDorate the testi
mony connecting Glass with the alleged cf
f«'.ise. . ,
Tlie district attorney tells yon he has proved
tlie defendant guilty by circumstantial ; evi
dence. He has said that every' circumstance
that . has been established by the witnesses
points to the guilt of Louis Glass. The court
will tell you. however, that' no person inn be
convicted of a felony on ' circumstantial fevi- j
*lenee unless all reasonable doubt ia your minds j
Ik removed and that the defendant committed J
the offense with which he Is charged. So. the <
circumstance* must not only show that Loals
Glass** committed this crime but these same
cirenmstaaces onst exclnde from your' minds
fill docbt whatever that he did It aad that be
did It alone. . --
. The learned cocbwl for the prosecution" tells
you Lonis Glass did Ciis thing. Why? When?
How? Who says be committed the crime? Mr. ,
Heney. 'ft^Bl^SlWßlHlilt HWlWWnt'raStt I
GLASS HAS KO ICOTTVE .
But Mr. Heney ha* made other statements,
too, and none- more pregnant than the one
which I will read to yoo from hi* opening ad
dress. He eald to you: "It will be necessary
to show that Ilalsey was vested with authori
ty to do this tiling by ; Glass aad \u25a0 only Glass,
and that the authority came through ZUnmer
from Glass and only Glass. That GiaFs and '
only \u25a0 Glass authorized "the payment of this
bribe, money to tte supervisors, assuming that
bribe money were paid. It will not do to say
that -Glass waa jrailty through knowledge only
of : the tact that the bribes were . passed; it ;
will be necessary to prove mere knowledge. |
Knowledge of an offense Is not an . otTense. It
will not be competent to show -.that be aided
or abetted the crime; It will be necessary to
prove that he aided and abetted . the crime.
Let us consider in the first place that which
decides the guilt or innocence of the defend
ant — motive. Here Is a man accused of a
crime. What was the' motive?* It is shown
In the " evidence -that Glass was organizing In i
February, 1906. " a gigantic company to ' enter
the telejCSione field of the Philippines. On Octo
be.r 10, 1906. Mr. Sabin died. Glass did not
roeceed to the control of the corporation which
Is owned In greater part by an eastern con
cern, the American Bell telephone company. The
Bell company did not choose . Glass, but went ,
to ' the Home \u25a0 company and picked a member
of its directorate. The days of Glass in the
San Francisco telephone field * were numbered.
His career had ceased/ I ask you to consider,
would he*hav« become a party to a -conspiracy
to commit an offense which would disgrace
bis family, destroy his reputation and stand
ing? I« it likely that he would perpetrate such
Ia« «rtae? ; ,
If Xllass had laired to aid, encourage and
*t>et the bribing of Boxton would be have gone
shout It In the v. ay - that Mr." Heney believes
be did? Would l.c «Kk Zlmmcr to draw a check
snd- tbos let him know what • was going on?
No. " If fee had de«lred to aid Halsey he wouid
hlmKlf have given '. the money to .Halsey. : Mr.
Henf^- forgets' that there Is a difference between
the telephone .'.company and Mr. Glass. He '
wanted ; to 6ettle_on to Glass the sins of the
telephone compsny.
CAKKOT TEACE THE CHECKS
Mr. Glass; owned 365 Kl:ares of,tb«" tvkpbonf
corapany's stock.; The: testimony shows that
* Uiie M<*Ck was" worth $33,000! Would he have
committed such a carious - <}?fense ' for such s
t-raaU sum? It is taid. notwithstanding, that \u25a0
h<; signed checks for $40,000 or ;\u25a0 $50,000 / ami
hKDded tlicm to Zimmer. Did. anybody «oe tho^i
checks?. If there any proof : that Glass ; signed
them? X«. Yet the . prosecntion wants \u25a0 you t<?
find ,tli*- fact ,lhst he'alfled and encouragwi
tlie porpe.tretlon of tills offense." "•
I sty* to yi»u, . geatlemen of the' Jury.'ryou
hav<» taken yonr. oathu end you camjpt'{fn<* this
<lef«>nd»nt guilty. : When,' l say you cannot; I
mean no il :srcsx>ect , to you. I -mean that' as '
men of : Intelligence yoa will ? not.«conflean tills '
man to n feloa's cell : on tbe flimsy evidence
adduced by the prosecntlon.*-^ For some reason
<ir other, and I am Ignorant^ of it, Mr. Heney
has taken a pWsonal dislike , to the defendant.
He floes not like Mr. Glass.' but by and' by j
when the ! years roll by ; he will - learn the error
of his ways and will regret his course in thip
tnatter.
Where" •is - tbe evidence ;. that •' Glass . ever, en- ;
eouraged by word or * deed ; th€ ' act - that - the i
prosecution seeks to fasten mpon' him? ;••= It »vill !
not 'do to say anything ' abont : Zimmer * because j
lie has refni«>d to, testify. I «Jo not know Zim
mer; I do not know "anything about the'cfflcials
of the telephone company-;* l^ <Jo not, know, any
thing aboot Scott,' whom I met but'once,, us I
<i id Zimmer. I«m berei for ; Lotris Glass.*; llcV
my friend and ITI etand by him', to the cml.
Yon mnst tiraw -a • distinction :\ between ; I>mi>s J
Glass and : tbe \u25a0 Pacific ; telephone ,- company. Tin- [
company is one thing and Louis Glass Is an
• rtner. Do not try. to, saddle upon V-n>i Glass]
tho sins of .omission and commission which Jtlie
toiophone ,\u25a0 company is cuUty. of.' Wliilei you
<>?i<l»> like ' fato , fc°l like ': men. \ • haTe \u25a0to
f.n-1 • that --all tlie facts piiow that Olass.>n
co.imsred and cliled -to- commission, thwc: eilmos
ami thfit no rap ri« did.
- EECALLS -,AX OLD TI&HT
; ,TV> ar»> aH of /\iy \u25a0 old San Franciscans.' ;^Ko
doubt i you , all , rpoull 1 wben : Cliarloy " Ourrvi/aiid
Ilpnoy wore running for the' office of county
clprk. A certiacate signed hy sevon tarn showed
tlixt^Curry was ejected.. The ballot ; box, under
jtrwess *of la^v, was openod^and' tlie' votes; re
counted. It was then snovra that many . votes
which bniS tif oil counted for Curry s'aould' have
bt-cn cuunted for \u25a0 Hency . The . seven n;en ' who
signed, tlie certificate w*r<*'. arrested. . Six -of
them turned xtate'e evidence- and "declared: they
had nut been puiltyof Uie orime. Tte seventh
msn throujrh the process of ellmlruition "• then
urast Uave been guilty.'.. Tliaf is the basis of the
present . charpe apainst tl:5« dc*< ndant. - The
seventh man was convicted la a lower court and
: jirinsLSL y iMJA'affunr-riT A 'm-~TY\ frwi ft fSWtfiHHUTTll ft Ttrm' mmtr ' LmiM <jhmm ßKizagg^ lawHJßtwtßaEt^TOiiwaiaiaßWigwßu^ggii 11 — IMIP f Ba ' BI — rat t' UM> ' LtUM '" g f I *f a *^^ a TrP'' rft *' wwli '' lM * lllMl^' w " B ' >g T''Ti^lVnTl^rl^'i l jnglH|t P**
!r^|4 U- . TT^^ mountain or shore— for office and street wear during the hot summer
1 *<$a days— nothing is more appropriate than one or these snappy outing suits— for
| :^^^^ '^W us e '''season^is almost over— for you ii is at its height — therefore, this clearance
I blh^l^" 1 '^ : %W /price is a sort of a one-sided affair— all in your favor. Although not evety size
I jW$ " >S rlpF in every suit is represented in this big lot which we are placing on sale at $10.00—
jj^ £i a^ s i zes are represented in several styles— although the quantity is large the prices
| §|l^ l are so low that we urge your-early response.to avoid disappointment.
' IPI^ ' i > - % *'^^^^i These suits. are made in our own workrooms — the tailoring is exemplary and the styles
4 /iSl*' " ''• ' '**J^" correct — they are in every way ideal garments— coat quarter lined throughout — made with HS
0 iW?' ' .' side buckles, belt straps and» turn up cufTs— materials are fancy -Scotches, cheviots and
1 j— =jp.- : .-; : . \ . It is hardly necessary for us to call your attention to the fact that the suits we sell for- $l5
Is M \u25a0'' ' k ~~W ~ are cc l i:ia^ 9 not su P er i° r to an y $20 suit . sold elsewhere. As you well know, we are manu-
Oufc ' llPil ' *:l = i facturers and sell direct to you, saving you the middleman's profit. We offer you these splendid
j \ - '^^BM? * $^S9k- - suits at almost half of-our already lowest price. Not another word is necessary — we are ready
0 -" Our guaranteed ''true blue" Serge Suits— dyed in Both Sailors and Russians in handsome summery de-
5 t[ :^*SsS t^M r?%L ne wool — cold water shrunk— made in our own work- signs in light effect fabrics: tastefully trimmed with em-
>l rooms. The best possible values offered anywhere at $15. broidered shields and chevrons; knickerbocker trousers.
/^^&^^^^ I AgGS 13 to 21 y cavs ' Saturday only at $8.65. Regular price $7.50 to $3. Sale price $2.95.
'^^^k '" gms^&> '\u25a0'\u25a0' IfX T-v* ; '' ' 'EBSff™ \u25a0 flfY '..-"' ja^S^t.'" ' '' \u25a0 \u25a0 7C •'\u25a0 : ' •* jF^k fflfß* \u25a0
1 ; \)'dH' Little yachting linen suits in box effects — sizes . \u25a0'• -\u25a0 ; This is just one of our incentives to have
!\u25a0 hfyy . 34 to 42 for the ladies and 16 to 18 for misses. iwh'* *'***' 'm^^^ you come in today. Very dainty lingerie
\ t] The suits are daintily made and trimmed with ; : : ' : j^^ffi^^^H^P; : :^ waists:'.:that; ; sell ;. regularly, at $1.75' f0r 85c.
! /' H yV- adjustable collars and cuffs — white or blue — 'pJ\^M^» Seven pretty styles to select from, in all sizes,
o If I lIH regular price $10. There is a'very limited quan- Medium and short sleeve effects. Not more
f: / *ip* -\\ v tity— to be exact,, thirty-seven at our Oakland .. fk jr^ than three of these vvaists will be sold to a
'U' / • V| store and sixty-four atour Fillmore and Ellis street * A "> % "'' ' customen On sale f at both our Oakland and
g. 8 * -store: For Saturday only. at $5.50. '" ,' T •• • • .^V?^^- x .;San Francisco stores. ; ' .. |
~\ resented in the lot. / • "'. . M^ if^ yg £_ - r> j4r 50c and 75c Half Hose 35 i
ta.^r i f£ \u25a0 \u25a0 ' \u25a0 r ' \u25a0•\u25a0-\u25a0\u25a0'\u25a0 \u25a0'\u25a0\u25a0\u25a0\u25a0\u25a0\u25a0'.\u25a0\u25a0'> '\u25a0*. ." \u25a0 " "'^K^,* "; >- " 'v '\u25a0' '-'" ' ; \u25a0 '"' \u25a0 ' ' ' 'i'ii>*i-i^ \u25a0
THE- SAN J^
an . appeal wag ; taken. .: In : the ; higher court the
seventh ;man .was -acquitted. "/.The* process; I ' of
reasoning ih ' this case [Is \ the ] same.-; ..The prosecu
tion , says,'; "This ;man 'did :-. not j do '>'• it,:* andr.thiß
man did do It; therefore Glass did -It."'-/ ??\u25a0
Ifow, mark you, I you must have indisputable
evidence; in -a;, case;, of. this kind.; where, •' step
by.v its', coui^e \u25a0 tears ~\ a ..; heart.
This ; Is ; your ' all ' important ; question :" "Did " any
other, person have:^ an v, to -T commit
the offense h which " Glass i- Is -.. accused ?''
Aye,-- forcible '\u25a0\u25a0 «nd ;\u25a0 etroug the J prosecution J' has
handled ' this case:. with \u25a0 consummate 8 , skill. :' He
saved his " Btar_ until ; today. /^He ithoughtjhe
would!', take, from ; the .offlces? of j the i company
a maa who,;to^say ' the t least, was • not friend-;
ly, \u25a0to : Mr.r. Glass." -'-It •developed;- that j at \ the
time : ; " the ;• offense ".was U commlttefl •}. there {; was
nnotber/captala .at .• the helm ;>' another.*- was in
the*- place; of Glass. "This • manf- was:.'an*;-as
sistant general ". manager. v i,V\Vhativ were p his
powers and duties?^- He lwas assistant ;. to >.the
president ! of . the : American - Bell . telephone ' com
fpany. -He -said ; had? hoped : for. promotion
I to ' general > manager. ;; Had ! Glass .any,; authority
jto appoint ; Steiss . generuH manager— or anybody
else? 'No.; That :, authority i' was t ; in Boston; I
Ido not '"accuse anybotly of ; crime/ . "JißSilg
i%i IS don't r; uceuse =. the -' man **in : the « ; east. \ My
taste ; docs, not rununithat,'directlon, vv v withjothers
lit- floes.'/ So ! help ; me" I . never i will ; accuse j any
i body : of crime : \ b« t : . you j cannot • convic t'*if f there
I is " any '. one } else i who ' couM \ have I committed I the
| cftense of which ; Mr." Glass *is i accused.' ;It Shas
i not i been i proved beyond 'aidoubtjthat'Mr.iGlass
j signed ;those s ; checks. : :, This .^ process^ of
tion : has not ; shown ; that '\u25a0 he j authorized X the ! isso
ance of? those checks/'Hle; had: not ", the f authority
In the \u25a0 first : place \u25a0 nor^ is ; it i plausible i that ) he;; on
the .verge ' of * retiring *; from » the 1 telephone T field
of .California,- would ; liavelthe* motive necessary,
to . commit - proof *of the * offense, ii Therefore ito
my; mind 'there is; but ons; verdict, possible-^-ac-'
! quittaL%\ : . = :.-.";r','.' i : " \u25a0\u25a0 \u25a0 --''" : \u25a0 .'\u25a0 '-"•.-\u25a0 \u25a0:./\u25a0\u25a0 '
!' " Coog'an ' concluded? his; afternoon*"; ad
i dress at '4:4 5 o'clock and resumed "again
at 7 :3(T o'clock after,v the dinner; recess
taken! byy the"court. t*Hej at joncertdok uy
the. discussion:; of; evidence, s *, attempting
to 'refute i- Hehey's i^openinglargtiments,
and : spoke ] f or,' halt . an- hour. ;? He : said :.:'
]\u0084; Since " ad jouurnment fl ' ha ve . been ', going ~arer
thY; arguments J^whlch ? the! district ! attorney^ hap
advanced .: in* suppttrt of « his j attempted } process
of V ellmtaation. \u25a0 ; In . . one : ; place ?he urges *. that
the} eastern \ representative t. who 1 visited y the. Pa-:
dflc ' States company ; here ; did . • not ; ha ye j the power
to? drawlichecks.'&Tbat^veryJ* argument Xis f'-'an
argument V- of }\u25a0 self -destruction.^*, for.* 1 , if 'j Ziuimer
did J draw checks [ did \he f do"! so \u25a0 of ; his 'own > ml-"
tiJitlve ior was ilt 'not |at I the i instigation^ of I some
one \u25a0 who . had ' no ? power £to 7do ? this thing him
self ?X'» Why '\u25a0" should V Glass " have { any.] one draw
checks " for him \u25a0if\u25a0 he J had f tb» * power i to', do 'i i*
himself ?:\l If ? checks 7 were T: drawn '- by ; - Zlnrmer
at f. the^ request ' of ;; som&^bne •' else, : > was '; it . not
some one -who hnd : no : porifc^. to jdo ..it > himself ? j. .
:-,The;; : restoration > of
books . have^been; spoken k of, . and the prosecution
has • shown ': that j the account of - the .' tags made
out iAoi Zimmer Jwas'; dropped.. '.Was Glass ' re
sponsiblei for " that; - when be * was ; then ; on the
high '\u25a0 seas *. between ' here -< and £. the .; Philippines?
\u25a0 Let ' it .= sink s into "your; minds '<, that •; someone , else
could [ haye t done '; this ; thiag ; before ; you can pass
upon the guilt of a man whose friendship is dear
to me.'..' • ;-, .-•-' '".^-. ', / .'; V \u25a0
\u25a0The district j attorney has", reiterated • that Mr.
Glass had : knowledge . of this offense. Is ;a ' man
guilty^ of ; a r crime > because ; he ; knew "of - ! it ? ..». To
morrow; Ii may; go] to the' coon try] and see: a man
violating \the J game ; laws.^" Am : l ; pillty T -There
ls«noilaw .that a* man, can be convicted .of -an
offense. because he' knew of It, and the court will
so .". instruct 1 yon.v / He h must „ participate : ; ta ;* the
crime ' to Ibe • giiilty. The i ilistrict • attorney .' says
that ; no^one -.but s,Glass, Glass ; could , draw : a , r check
as ! large ; ap '. amount '\u25a0 as ; these , are claimed ; to be.
but this presupposes. that he owned the company,
when : in \u25a0>. fact ;. he .was In a 1 precarious f position
himself : and < not : , even • the - protege of . the .; man
who did own It. Nor has the, district attorney •
th« risht to assume, as he has done/ that Z'.a- .
mer's testimony would have favored the prcm^o
tlon."Tj£^3SßKßßßMMHH
The burden U " not oo , th» ; defense to . din- > ;.
prove conjectures. The prmecntlnn moot {»">»• ;
its Jcharxe.'.^We may : stand- mnte ':an«l "th«- J
prosecution cannot throw on us the buntm of '
proving that this -.defendant la not gniJty. Ton ;
cannot convict on mere proof -of the commls- :
slon of ; an - offense. ' hot mnst * fasten It on \u25a0\u25a0 th«
defendant. Bribery carries with . it » mnch
of 'abhorrence,; so much of dUfavor, that there
lij; danger that 'the ; Jury may .Inflict punish
ment \u25a0on .: a s defendant . res-ardless of whether
th» commission of the enm* Is brought hora«
to i him. 'No one . knows this better * than th«
learned: district attorney. .'
' I ' abhor " crime :as much .as th» " district -"attor
ney,:.*Mr..Glass and I have got a stake In ; this™
community as . well as ' the gentlemen . who rep
resent , the prosecution. • ; Here Is .my - horn*, my .
Continued 'on Pace '4, Colnma 5
3