The San Francisco call. [volume], October 03, 1907, Page 2, Image 2

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

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

                
2
. V*. ' I \u25a0\u25a0'...'/\u25a0\u25a0!(»\u25a0 .-,- _"\u25a0\u25a0'\u25a0_• -.: ' ...\u25a0\u25a0--\u25a0 ''-'' -'"'\u25a0' \u25a0• ' \u25a0
fLaiie Secures Proof of Southern; Pacific Rebatihg
ayd that they considered the constitu
tional declaration agrainst 'tlils'- prac
tice, not being self-enforcing, practical
ly: null and void. They said that ?t
vis the custom of the office of the gen
'efsl 'freight agent to make the . rates
for individual Fhipp«rs. Assistant Gen
eral Freigh t Agent J. G.C Stubbs Id
ibat he had T3een"in the habit of fixing
thfe rates \u25a0 for, the shipments wholly
\u25a0within the state and that he considered
Jtfeat he v.as entirely within his rights
ne* assistant frefght asrenl. to raise or
lower that rate as seemed best to him
at! the lime. He'eaM that he had not
Jiee» in the % habU of keeping more
than a memorandum of these, rates, and
.that many of them were kept in his
iiteroory. .^i~": -////";
' I.YVCSTIGATIOX A SURPRISE
". 'Commissioner Lane's investigation of
tU<? rebating, which has been going on
.V}" the company for years, came in the
nature of a surprise to the officials.
J-fcfes than; a week ago the Southern
Pacific company had been indicted by
the local federal grand jury for giving
rebates in the- now -famous "malting
rasefe," and the company thought that
for a while at least it would have a
respite in which to consider the situa
tion. \u0084-.'. .' - . ..• •
*lt had not been .in the habit of con
sidering that It was doing cnything
illegal in the' granting of rebates, and
Peter. F. Dunne, attorney for the cor
poration, assured the commissioner in
.his opening speech that the-">cbmpany
ha.fl,-*'.been good" since the passage of
.i\\e Hepburn bill, the last of the many
national, laws against undue discrimina
tion -and rebating by common carriers.
;•' Dunne clashed several times with
Lane and with Attorney Marble, and
tnougli these tilts were apparently
friendly, the observer could see that
wom'e. heat lay below-'lhe legal spar
'• FOR **PUBLTC" GOOD
• - \u25a0 .--..--
Ti> most of the tilts between counsel
for the company and the commissioner
the, former was careful to insist that,
WhUe" Bpeclal rates Jiad been given In
the cases cited by Marble, they had
been -given for the good of the com
rruifcity. the road being more of a'
philanthropist than Is commonly sup
posed, Dunne cited the case of the
California development company as an
Instance of this. This- company, he
said, was engaged In- the tsOnstruction
of a dam for the purpose of reclaiming
Jands inundated., when, tho ' Colorado
i-lver burst Its banks and flooded large
areas. Several of the vouchers laid be
fore. £he commissioner by v Attorney
garble, he said, were rebates given to
the development company on freight
charges paid for hauling supplies, such
as hay, grain, • bagging and lumber,
to. be used in this reclaiming work. ;
The same was true of some SO or 40
vouchers read by Marble to the court,
covering rebates. paid by the Southern
Pacific on shipments of lumber from
northern California points to towns in
rhe southern part of the state. These
special rates were given, so Dunne said,
in order to enable the users of lumber'
in the southern part of the state to
meet the competition of the shippers of
lumber from Arizona. . The 'rates on
Arizona lumber were such as to render
Jt cheaper than lumber coming from
northern California, \u25a0 • •-
: .TRIES TO BAR BOOKS
Oneof the first moves on the part of
Dunne after the beginning of the morn
ing's session was to attempt to bar out
the secret, or class "A," books so as to
keep them from being read in public.
l}e said: -•"• •• , : / . - r •'. . b
•"They can 4 if your,hoppr please, b«
.turned over.to the recorder'for the com-*
mission and copied' Into" the reporf'
which- your honor Intends to make to
..the body you represent, but I protest
against their being read in open court.
It seems unjust that the private busl
ness.of this company should be dragged
In to- public In this way."
. Marble was promptly on hfrs feet, but
"before- he could reply to the suggestion
rqadie by Dunne, Lane answered the ob
jection by overruling It, saying that In
asmuch as the final report of the inves
tigation would certainly be made public
he. could see no objection to the books
•being introduced in evidence at once.
. Tiie books, canvas covered and tissue
; paper copy books, were then laid on the
'tattle-and the investigation proceeded.
7.: : C B. Seger, auditor of the freight
cM-ims department of the Southern Pa
cific,-was the first witness called. The
valuable part of his testimony was a
statement that he had knowrf for a
long time of a class of claims going
tbrough his office, which he paid as di
rected, but which came under none of
the common classifications with which
he was familiar. He also said that he
had known of the special rates which
were in existence in the state; but had
never heard of the class "A" books as
such.» .*,
He was aware that, kept carefully
under close guard, there were a number
of records of secret transactions, but
they were never se*n In his department.
A Mrs. Anna Cummlhgs, confidential
clerk to G. W. Luce, the general freight
egent. assisted by another woman clerk
whose '-name did not transpire at the
taking of testimony, kept, these books,
nnd with the exception of the general
freight agent himself were the only
ones who had access to them.
BREWER'S MEMORY BAM \u25a0':
. J.'.M. Brewer, freight claims agent,
\u25a0was called after the completion' of
"Seger's testimony. He testified that he
lead assumed control of the claims de
partment on May 1. 1906. He said that
for mtmths after his transfer to the
claims department he had not known
( of the existence of the class "A" books:
IT* also said " that since January last
he had been In absolute control of the
claims department here end that In
that' time he had taken no orders from
the general freight agent regarding the
payments of refunds on claims of
orercharglng. He admitted, however
that It /was possible these claims might
have been paid despite his disapproval
of them. ttflHHßßttwt«~>-...
In the matter of the rebates paid the
California sugar and white pine' com
pany, for hauling three shipments' from
Clalrville, Cal.. to Verdi, Nev., an in
terstate transaction, tie "could not re
member." although the shipment was
made on June 21, 1906. or three weeks
after he took charge of his department.
The sum concerned In ' this was " but
email, being only $150.25. He 'was also
unable to recall the circumstances con
nected with a voucher for the rebate
paid, the same company, which had
been approved by General Freight
Agent Luce and had gone through the
regular channels after a great deal of
correspondence. In this case 'a rebate
of 55 a car on a load of lumber shipped
from the same points for the same
shippers 'had been paid. The'.wltness
was : unable to say whether that claim
had been paW,. but thought that, lt had
lifot/tHHBBfIE^BNIHH X 389 " >\u25a0'
DUXXE MAKES .ORJICCTIOX
, "I -object; to the/.Ume/of the commis
p<on being taken up with such a trivial
matter," lnterject«l\- Dunne at tills
point. "The haul hete, that iß.the. part
of the , haul which comes: orider the
jurisdiction of this commission,' Is lf-<»s
than four'mlles long. The town 'of /Verdi
Is that "distancft.l only-; from th» boun
dary Jine.bf.'ihe-'state-'of 'California and
Js commonly "regarded as a "• California
point. v I- 'am < sure that there ' was no
intent to^eyade- the.Ja w. or; tp br.eak^Jt
l»y yi*>/grantlnK ofTa '.«pc*lal rete from
Clalrville* to \>rrtl." ." '.'^SttJMpffiflffl
Marble wild* Ahatv »»nce railroad
liad; atteroptea "-.to 'tli^ in^ro-^
Auction/ of the- secret r^hate .books ,in
evidence '\u25a0 he" considered; that '? the com
inisßiou! had a right to severely
techriScn.l. . . - v
The examination. of Brewer was;con
{ tinued and the raattec of ;tho Califor
1 nia development r company •came*, up
next. \u25a0 '"\u25a0 ' ' \u25a0 . \u25a0"' \u25a0':'•;. :V - ; . \u25a0 '•\u25a0
It developed that this company -had
received in the way of rebates between
the Ist and 27th of the current' month
the sum of $9,838.10 on shipments, most
of which were out of' the state, and
come under the jurisdiction of the com
mission. Id July. 1905.- Mrs: Cummlngs
•vras directed to'apply a rebate of half a
I cent per ton per mile for all shipments
made prior'to July'l of f hat 'year. r The
I matter of rpblllins the stuff from points
near the boundaries of the state to
points in, another state brought out .a
protest from L>unne. who reiterated what
he had said' regarding: the propriety of
prying into the private business* of the
company. This, too. ; was overruled, but
! Marble did not. for the time being, con
tinue his investigation of the question,
reverting to the question .of . the shlp
ments-of supplies for. the repairing of
the banks of the Colorado. rjve.r. He
succeeded in bringing: out tbe fact .that
several additional rebates have . been
granted the development' company re
cently, and" OiaV theclaims. which had
not as yet been paid would probably.be
liquidated in .the near future. . .
•<A STROKE OP rOUCV,"
/One of the most remarkable bits of
evidence Introduced during. the. hearing
was that which showed evidence of the
competition between the, Southern Pa-,
ciflc and the .Santa Fe . railroads . at
Riverside. Cal., where the .two r roads
pome in close touchy -- -. • \u25a0 ;. "\u25a0 •
According to the evidence adduced
from the secret books, the Pen fruit
company shipped In all 141 cars offrult,
over the- Santa Fe Into Riverside from;
Arlington, a short haul. . Advances were j
made by T. A. Graham of ''• the 1 fruit- 1
company, letters from whom'ware-rea-d j
In evidence, and the Southern, Pacific
officials promptly met" them -. with/.an"
offer of a rebate, ' not '. only • on/, the
freight charges on the fruit for. the
long haul across the Country, -but of 50
per cent on the amount already; paid
the Santa F«.for -the short haul --.Into
Riverside. This matter was character
ized as a "stroke of policy" by the offi
cials of the Southern Pacific.', . ; '
Asked to explain the meaning, of f this'
action on the part of his • company,
Brewer said th^t he was unable to do
so, as the matter was. one..wlth Whlclv
he had nothing to do. \u25a0!\u25a0 The payment of
the rebate was ordered by : Luce.. -
IXDICTMEXTS { PROBABLE
• That the commission has enough evl- ;
dence to secure, the Indictment of E.
H. Harriman. \J. \ C. .- Stubbs and [ other. |
officials of. the Southern, Pacific' com- ;
jjany'was indicated' when"Commls«ioner |
Lane, in answering an objection raised j
by Dunne, said: ' - "V /!
"This co*rnmisElon has ' knowledge j
that there are , In this state '\u25a0 'more than j
100 favored shippers to' whom' the road i
has been giving rebates, "and ' It- is' the |
intention of the commlssfon to :so^ re-/
port to the proper authorities upon 'the ;
'Completion of this investigation." j
r. Asked regarding this statement after
the ! adjournment, - Commissioner Lane I
declined ' to commit himself , regarding j
the probable' outcome of the investiga-"
tion. It was learned,' however, that in
all probability there would be a "series
of prosecutions following the comple
tion of the work now In hand.' » ' : '
Another remark -by Lane" showed
what vras in store for the road. Dunne
-had said that the haul from the state
line o£ California tojLhe town of Verdi
was but four' miles, "less than the dis
tance from the" foot of Market' street
to the Mission; your honor." Lane re*
plied-. • '\u25a0
, "It 'was but very little more than
that from Chicago 4 to Whiting, : Ind.,'
but there was lots doing as a 'result
of that, If "you remember, Mr. Dunne."
STUBBS. OX STAXD
' This was after J./G. Stubbs had been
called ..to. the .witness, stagd.
who is assistant freight" agent, 'said
that, he ; had \ been . in-; the_employ^ of .the.
company'for n 19. years, \ rnostv'bf
tim«Jln*^h?»x?rnce of/^he genler'ar freight
agent; |&Jjdijitliat be tuaui he^n: appointed
to 'hit .'present plac"e^Aprili2;?l9o6. :Hej
was;a«.keiaiwhat,;.!fiany,' knowledge he.
hadr££'(the-* i existe > nee of/aispecial .ljst
of rates tor/the benefit of favored ship-.;
pers. 1 - He:sajd that he _had peyer'soen
such -a llsf/fthat/he was 'innthe. habit
o/" making .-the rates j for* state &«ChUp«
ments ;aad-that ; h'e'kent'*most'.of : them
in his head.-; There -was,i6o far a 6. ha;
knew, no published list The- special
ratei? which at^pne time had guided^
hlm,*-£ad been cancelled since. . _•, " •
; H^was confMiLLetfL with-;^aVcopy ,of,
a' social Us^liAJit^said^hat^'liS was
unable to identify It'.witliVany that Jlc"
had ..Veen in ' the.- freight^ agent?fi"rofflce;
Dunne then -sald-?,that the.Toad.;*wou'l4
"be glad to fifrnish the I commission
with,.the original" list at this morning's
session. Upon that promise Stubbs was
temporarily;.' dismissed and H. P.. Ane
waltjs assistant general freight ; agent
of the Santa Fe. was called; In the ab
sentfej of ?EBward? EBward Chambers, his chief,
who?"*ould*^t be reached by the com
mission. %•*«£&. ./<: "' \ \u25a0";}*{* I.J.l .J.- '
Anewalt 'sald^t^at? Chambers would
be present at tlirs^ afternoons- session
of the commission and was dismissed.
REBATES AMOUNT TO $000,000
la* order to hare it entered on the
record of the proceedings, : Marble "Yead
a statement of the total amounts
shown by some of the class A rebate
book*, showlngr that : since the fire, in
San Francisco : more than $900,000 had
been* paid . outibr- 'the Southern Pa
cific in th» form'jof over charge re
fund's, and from 'September 1 to. 27
1807. more than 11,750; a day had been
going Into the ; pockets "of a favored
few.'of the Interstate - shippers of the
state.' The hearing Cwas adjourned un
til this morning ata 10 o'clock. -:\u25a0 *\u25a0
; DISCOVERED BY SMITH-:
To the cleverness of S.;H. Smith, who
was engaged yesterday in quietly help
ing his chief.- J. H. Marble, in formulat
ing .searching inquiries, the:^ latter
pourea at # tHe heads of. the corporation's
officers is due the trouble the Southern
Pacinc finds: ltself in.
; It^will be "remembered that less than '
a week ago«the federal grand ; Jury here
found ' indictments against • the t officers
of the company in 'the; matter of re- I
bates given for- several ; hundred tons
of -Japanese, matting- imported -from \
Tokyo into .. this country.- ' Those '"\u25a0 in- i
dictments • wereV f ound : on * the • evidence
furnished;the Jury by Smith, whospent
six weeks In, San Francisco] during the
past f summer ' search ing the records -of
that^traneaction. ' , „
Although bent on on©- investigation;
Smith discovered many vouchers dif
ferently numbered: and that ibefore: the
number was the mystlc v l«>tter; "A." His
curiosity one*» aroused, ;,hedc!ve'd- into
the matter arid before longbecame con
vinced that these" vouchers ;and the/let
ter thereon relsfted *.tb 'somethng •* th»
department of justee : . would like to
know-about; Further Investigation" led
hlmUo the b,lank ; wftH; of the" general
freight agent's office, behind: which' he
could • not \u25a0^t.'S^aSHHßw '-.-•_ .' •
-Acting on his knowleflge of the in-
Fidp"counse)s of \u25a0the":railroatls, hesus
pects,dl what ; pVoved ;'; afterward r to be
the cas*".': that;tlwt "letter, "A." 4 referred
to some secret Usf -of VpecUrrates.- Just
how«'Jhn ; ; obtainfd; .possessioni of V'th'e
\u25a0books Smith would not; say; y«Vterdav ';
.tntimatlng^thnt.it would; give his; hand
.away.: in any ; other/. .lnvestigations !ip
'mfsrht; becotnp^engagp<l Jsn. but- he/Mid '
"that, pressure was y brought to "'hear" .*nd
j*tli> cpmpariy produV^d th^books.V I
\u25a0With the mans >of evidence", they "con- I
Stained the,.rest^wasi>asy and the -in-'
vestigatlc-n i of r the officials^ the'rnselves
backed' by, the knowledge "already obi
talned, .was ' ordered. . > -,: » |
THE' SAN FRA^GISCO^iC^
BOBfiHlSipilß
ON GONSPIfiAGY CHfißGfe
Senatbr; Found Not Guilty
of >;• Securing .Timber/
, Land by Fraud.
GIVEN AN OVATION
Demonstration Begins in the
Courtroom and Ends
at Hotel -
j ... BOISE, Idaho. Oct. -2.— -United. States
j Senator William E. Borah was ac
quitted tonight of the' charge! of con
spiring to defraud the government oiit
of valuable Idaho timber ; lands. The
case was submitted without j argument
I on the part of Jthe' defense and the jury
•was out justT long to take
:one ballot. The .verdict" was'; greeted
with cheers and 'applause which the
court officials 'made no effort to re
strain, -•\u25a0. .* ~--r ...... \u25a0 \u25a0 ; ': '.-. .'\u25a0;
\u25a0This .demonstration ;ln :the courtroom
served. only;."as.> a "beginning.*^ As.soon:
as the news reached the 'outside. 'Jbells
were.rungr and the' city, flre department
made a -spectacular -^run. 'through,^tho
principal streets,; stopping:-: eventually
at r \u25a0 the i] Idaho - hotel, ', where Senator
Borah," surrounded; by; several .hundred
of! his-fellow, citizens, i was escorted. : i
A brass, band ''appeared as' if by
magic and .as the senator reached* the
hotel steps. played "Hail to < the; Chief.'.' j
The $'treetsi : about the- ; hotel->; r 'vvere j
blocked* byj.the cheering. thrdng,',whose ]
Bhoutsj 'mlngledp with": the v screech i of j
the flre' r engine^ whistles -and .clanging j
of trblleyl. car .bells.: ;iSenatqr, ! " Bprah"
thanked his: hearers ; f or^ their. demon ;
strationand'f the /confidence' they.' had
reposed: in 1 ., him "throughout /.the /trial.
• , Senator,-. Borah had an 'Impromptu ; re-'
ceptlon in;, 1 the, courtroom/ and? another
In the" lobby of , the \u25a0hotel, iwhefe he was
called '" uftonV for% a' speech! f; ."Wherever
he went*- during r the _• evenlngv he ;was
"cheered and congratulated. '?v-. >/\u2666/\u25a0;,
v '\u25a0* Events moved ./fast ; on <th!s/the*""'last
day. of | the> trial iv, Wheni v,When court* met > in
"the morning; Ju'dge^VWhitson - announced
that he- would :^theJ motion "of
the defense for ari Instructed verdict of
not guilty.' ';. Vk . '.;.;•\u25a0'•''- ,'j-ii \u25a0']• \u25a0\u25a0-.':\
, Senator: Borah took .the stand In his
own behalf ; and /gave hls/explanatlon
of the; matters which -the'/ government
attorneys - urgedXas .tenaing/to"^ connect'
hini- with an alleged ;: conspiracy. \u25a0;.* His
testimony was^ a denlaltof. any knowl
edge of fraud and: a .brief,- clear/cut
statement of all ;?< his 'acts ;• as .* gen-eral
counsel for the .Barber lumber- comfr
pany. . "' .:" . .-; '.'. \u25a0 .-; -;.' \u25a0 \'..{ -.•
.The jury; was out, 14, minutes; and
during this 1 time no one left the''court
room,, a verdict' of snot guilty! having
been j freely predicted and 'expected' aft
er s a very brief deliberation. .
; As soon, as the .words: "Not guilty"
fell from the : lips of 1 the clerk, the
cheering broke, forth. ; At Its; conclu
sion the : Judge lightly/ reprimanded the
audience for," "improper.;; conduct,"- but
said he/would not* attempt .to" punish
any one for contempt"
CRUISERS. MAY.BE^ORDERED
INTO THE DOCK AT VALLEJO
Warship South Dakota^ ;/Wili Join
, Big Squadron in; a; Couple S
\u25a0;\u25a0'-. \u25a0•\u25a0.-\u25a0.\u25a0' of f Months:^ { ''\u25a0':\u25a0'-'\u25a0\u25a0' '\u25a0\u25a0' i
.. VALLEJO; Oct.- 2.r-rPreparations are
being made to repair, the, cruisers West
A*lrgjnia>and-.Maryjand.]; f'lt^sf 'It^s Relieved
that both vessels -will/ be : ordered here;
An effort is- being jnyide to.^have .ready 1 ,
for^them the. big. dock; now. occupied *by
the army traragportjSßeridan.i w; i
-^-.Machinery If or the/South Dakota was
delivered today * By - . the \u25a0 Union iron
works. ' Ten.*- thousand .dollars';' wdrth
of work. in; (Jpnnection^.wUl^ithe ship's
battery, which was not/provided' for in
the contract, will
and/. The: ahip will join- the 1 - big -fleef-ln
'a- couple, of months. : , . .1
Schmitz's Pose as Dutiful "... .
Son-Spoiled byHis^ Brother!
Drops Excuse of Qolhg Sec Mother
'-\u25a0'>///<* Never: Aided ?;>«,'/)
| _ Bug4ne E. Schmitz omitted hLs /usual
application., to; visit /his raged * mother,
| when he , appeared : before J udge^ Dunne
l>esterday. '"TJjV revelation made' by >is
! brother, VHerb^ert lx \u25a0, Schmitx,' that' even
i inl the4He> ; da>V of ; liis/ill : gotteri/wealth
the ( - convict ex-mayor a bad - never .con
tributed anything ; to ; the ; support; of his
78'- jear" old ;/parerit,rappare*tly 'caused
SchmltZ'-and.vhlsA'attornej-s^.to realize
; that the'/ application iwould/.causQ em
barrassing.Questions.-^HerfceUtwas not
; made. ? : ".- ;/ ;.•'; / . 'VV _'. \u25a0?•'£ !-'! -' f--/-. r> •
'\u25a0',[\u25a0 By consent^ofFraVik ibrew^Schmlti'*
| attorney, and ; Assistant- District
ney Hoff.Cook argument! on;the demur
rer to the ; briery. Indictment went over
;fortwo^\yeeksr „; \u25a0\u25a0'-„!•'/'. \u25a0\u25a0' y-;---> \u25a0\u25a0\u25a0-.-... j
CAPTAIN \u25a0 PHEI;PS C APPOHVTfen
- VALLEJO, Octji 2.-^-"Wordwaa received
here today that Captain, Thomas Phelps,
son v of a :: former j commandant i of * the
Mare Island navy yard, 'will receives the
appointment . : .' as YAdmlral?'. Lyons',, i suc
cessor \u25a0 when ,that/ofßcec> retires ) -early
next, niohth: .'Phelps
of the; cruiser (California-' but 1 ; wlllrglve
up that berth'to'take'hls'newfplace. \u25a0
Important ; to Merchants
Accounts : collected, . clty;^ country and
foreign, :\u25a0 by- D.\'A./ Curtln r (collection
agency); Monadnock buildings (l2 'years
in Millß?building);>i/ Largely v increased
facilities;; reliable * correspondents; ref
erences,' 1 banks [ and c - merchants. i ' - -V* * '
CHAS.M.PLUM &CO.
:}: } Furniture^ Carpets; Draperies, Rugs
, OIJtEST'iOAhrET'ANri KURNITURE HOU'K ' "i. -
1 IN SAN' \u25a0'KRANCISCO^-ESTABI.ISHEp ISoO. : \u25a0\u25a0 y \u25a0-;'•
| : ,'; :' KS J\ AX A^' C' i' &5
I Our Fall JDlsplay of Carpets Js^
Vbf^ring^an i^iirnlt«d; selection 1
iTHe|jdesignS' and^* cbloringsij^are : -:\u25a0-.\u25a0
I | the yery:^^latest .'anil "exclusively l;
1632 GALIFORNIA ST.
BETWEEN VAN NESS AND POLK
Prosecution Rests Ford Case
Without Ruef's Testimony
Heney Announces That;-HelHSs|E]|ougK
Evidence Without former Boss
- \u25a0'- \u25a0 \u0084::-.. -• ". \u25a0'\u25a0' - - - .\u25a0\u25a0;\u25a0- \u25a0•--\u25a0\u25a0;•\u25a0•;•\u25a0.;•,\u25a0; .-;:'(\u25a0 \u25a0 ':../\u25a0:.. • : \u25a0"* \u25a0
At a.moment when -several hunclredi v nccks were craned in ijudgd
Lawlor's courtroom yesterday to \u25a0witness the expected. approach *of
Abe 'Ruef to :the witness stand, Francis J: Hcney : suddenly . anY
nouriced; ''The pfose'eution closes.' ' ; A thrill; of surprise shot through
the courtroonii The spectators: leaned forward to. make, sure they
had -heard ,]Earl Rogers; v;iGaihoun and ; ;Tirey| L.
Ford, the defendant.' appeared stunned: for the j 'moment;. t " Then
Rogers ; broke into a gleeful smile; and soon the defendants were
congratulating themselves. They liad v steeled themselves- for the
damiiing:'st6ry that Ruef could; tell. /TheyAwere: to 1 be spared tlji§
rocital;and,for ; the instant they; forgot>- ' '' ' . -^«-*«»*A»«E«»«*«^f2
the .'mass of evidence that had been
piling;, upjagrainst; them.
requested and
secured -V postponement until 10 o'clock
this 'morning:, ; when the deronse mua t
decideVwhether to introduce testimony
or submitUhe case as'lt'standsr. ':., -.-,; ';
-During the : course: of -the'.trlal the""de
fense ihasi ; thrown out broad hints, that
it ; will •; placed both Calhoun and. Ford
upon ;the -stand. V- If this be .donetthe
prpsecutlon^wlll be enabled to introduce
theT testimony} of, Riief in rebuttal. -,' On
the \u25a0\u25a0'other; h'ana.*.Heney: is" of j the opinion'
that: the case as it no wrs tands is strong:
enbugrh ; to ] warrant conviction. "
'.•'; ",We -have a stronger case against
Ford,".,: said:;; Heney, "than . we had
a grainst Glass, and you know what they
dld-to Glass. 1 : ; ' . • : %'
, 'Earr^Rofirera; expressed -himself "as
mort . than' satisfied with the : turn* of
events. r v3tsj ' .\u25a0...''. :.', ' \u25a0 '\u25a0' \u25a0 / - ; '• ;;;
- "There Is hothlnsr to It," wu his 'way.
of expressing' it/ : " . "
Heney/offered no reason for : his. fail-'
ur/*f to ; place Ruef upon the? stand be
yondV;the;. explanation ,"\u25a0 that \\i\s rtestii
monyr was \notJneeJed.. A report;, was
current that" Ruef 's \u25a0 testimony .as . given;
before" thei?grahd : Jury was; not; satisf
factory/ to 'the prosecution, but .the cor
dial; greetings '\u25a0. exchanged -between'.Ruef
and \u25a0\u25a0 Heney,* at ithe . close ;of '.> the^ day's
session : i ndicated i that j such .was not : the
case.}; Ruef was in court \u25a0 with rAttor'ney,
Henfy,*Ach",V« who"- is - looking (after.-; the
interests i of the i former; boss, -land : .the
two'Sheld^a; conference- with- Heney 4 ln
the !corridor\after.,the ; adjournment^ of
court. ; Ruef was i smiling and" cheerful.
.When :a/ked; if • he [could ;say} anything
to explain, the situation he replied, "Not
a word."; ; : • ,-- - v ,- . .'
.;:, Miss' Ruef. was a witness at the morn-
Ing session. " She/was asked If she had
prepared J the ; ; typewritten \copy /Of f the
ordinance for the overhead trolley f ran/
chlae, and she replied that , she ! had ;not.'
Tlie Y otherVwitnesses /of the ] day. were
George ' -Wlllcutt^ | secretary ;of _the
United Railroads, and a> large number
of .,' bank -clerks,? who ; gave testimony,
coricernlhg: the \u25a0.accounts kept' by the
United •at local ' flnanclalj In
stitutions." *\u25a0 . • ' . .' .-. '/ ": :
>. Court had -been In seslon but 28 mln
utes?in ;the afternoon when Heney an
nounced Uhat B prosecution i rested.
District h'Attorriey ,-, Langdon ; and Special
Agent ? Burnas had him; to
court, ' and" thelr.h presence ~:>\ was : taken
to/ indicate* that :> Riief certainly would
go upon r the,stand.O • \u25a0 \,\: '\u25a0*' ".
EVIDENCE IX HAXD
' As the'easestarias at present the Jury
is In possession V of evidence 1^ which
shows . that • Lonergan, , whom ' Ford Is
charged -> with* haying, bribed^ received
$4,ooo^forihls; vote; for X the 'overhead
trolley : franchise;
money: from; Gallagher,, whb-lnJturnjre
celved It from-Ruef. ."It has,b*en shown
that VFord; drew: $200,000; from? 'the 'mint
In-- currency^ln' denbmfnatlons ;* similar,
tolithose Vpaid .: Lonergan ~\ and iat "times
Just ,prlqr.ito j'the'V payraents ;to'vthe»su
pervlsorß.'f i If has also -been; shown' that
the $200,000 drawn by ! Ford r did:not>n- > ;
ter ilrito C records I. of % the Vcbmpany.
There [Is no direct' «yldehce;to/show r that
the money/was .paid/by, Ford:to"Ruef. \u25a0;
? ;.The:iprdsecu.tlonx;<aev\>ted/*: the- day
mostly 3 . t0 Jthe" bank?;? acco_untsri of ,1 the
United V:' Railroads, U that U1 the
$200,000 ;*rlthdrawn3 from a the » mint iby
F-ord^had '; not I been v plaoedc" In: any "of
the bariksJl' lt''developeci:durlng{the day
that one of the'eash books of the United
Railroads had been? removed from s the
Jurlsdlctlon:ofHhe/state.£;The/bookrls
•In" New^York, and,' according to.the de-,
fense.rittwas'sehti.thereito 1 be/audited."
: Porter;.Ashe aridfLnther.' Brown/were
In were;-greeted'T^w'itht.'un
usual; "warmth; by, 'thelf^felloiirs:;; In - In
dictment. ''\u25a0\u25a0 Garret . McEnerney « also ; was
present and from his s^at .: among ;the
attorneys] for^theldefense^ followed the
proceedings* with* great attention.
f* George 's*WlllQu'tt,"l»«cretary of the
United jßailroadsJ .was i'the^flrst ; iwit-'
ness * called»'^-Ue* brought *in to I'court^ the
books - of£ the company.^ In 1 accordance
with ; trte'k order -isßue.d .'byX'Judge* La wf-_
lor.^ Hehe jCasked • tire ".witness ito [ name
oveV% the'^ list of idirectors r at;, the , time
of thVflre.^vAmong.' them- was .the name
of Joseph Tobhii/T-.."':" I '//':'"- t
' '/Wriere . Is i Mr.^Tobln ?"/aßked Heney-;
•pi VH e'9 ; 1 n :', ; E u rb'pe, T t ravel In g v 'o r , s? h1 s
health, I ,'. calledToiit^ Rogers. v
Willcuttjsaldsthatihe had noiknowl
edgeiof the -depo'sits'lnf the : mint" toUhe'
credit of Calhoun r and Mullally. : *'An at-,
tempt: wasfmade/ito-i look^ lnto; the : re-*
ceiptsj and . expenditures^ \ot f,the /com-,
pany \u0084• as" shown>!byl the ;j books,'{ but It
soon evident \ that \ It \u25a0 would \u25a0 re
quire; several ' days to get all the'mat
ter^ before ), the > Jury,Y »nd ] Heney^ aban
doned the attempt. / : ' ~. : J\
* r' A. "\u25a0\u25a0; M. .lDahler, "\ assistant treasurer of
th«jeortpkny,^. followed fcWlllcutt^pah
ler said that he had been acting cashier
during the months of July and Ausrußt.
1906;; but "had. heard '.nothlnV^pfithe: ac
counts " at Hhe; mlrit.*?i He t said that \ he
hadv recelved^-IS.OOO/ifrom^Mullally
shortly Tafteri the Iflre'-andf ft. large :«um
f roift i Treasurer; Starr,"; but at , this ; point
Dahler'Bj memory; gave iJout^cornpletely:
r After,a long chapter of "I; don't remem
bers,^; Dahler " finally," admitted t that Ino
accounting' ;had ;be,en made to him 'by
Fordybf t the",?2oo, 000 fund taken: from
the/mint!" ''> .:..", v ' •\u25a0.':\u25a0' ' -^ -" *J]^^^^SSM^
vrAndther^Vitness v^.;bo had seen Riief
lii-j Ford'Sv office "waßYproduced: invtlie
person* of Ford's boy, Charles ? F.
Kin g.;' lie .' that , Ruef had
been .in, conference _withr Ford 'before
the . fire; but did ; not VecallUhat ' he had
seen them together after i the disaster.
MISS RUEF TESTIFIES
"Miss /Ruef, a sister sof the former
boss,;was next called to^ the stand;" Her
examination , lasted but. two -minutes.-
She said 5 she had acted [as stenographer,
for;; her i brother? for .:, the; past -10 %or 12:
years.'ri Heney.: handed -her a type writ
ten ' copy , ; of ; the .overhead ? trolley / ordl-i
nance and' asked her if she had writ
ten":it.':. ..;\u25a0:.'• ':\u25a0::.:-'.\u25a0 .•>. "': \u25a0 - ': \u25a0- :\u25a0- " .\u25a0%%•'•
;.- - "No,'.' she replied, and • was promptly
excused.' - .;
"Seven bank clerks .then were called
to, the 'stand,- four in the;mornlng;arid
three ; in; the ' afternoon/ to ; give testi
mony In 'regard \u25a0 to* the ; accounts "'of ; the
United. Railroads. .The purpose was tWfIS
fold, 1 - i first Sto 'show^ that the* $200,000
drawn (from the"; mint- by: Ford* did ] hot
appear in >the bank accounts and second
that the ? 175,000 which had "been placed
to th^ecredlt of Mullally in?the" mint had
been .used Jf or .^the \u25a0 legitimate,- purposes
of : the company and ' coiildV be (traced
In ; the; bank: records. >;-' ' ;,
>The clorks^called" were Victor. H. Ros
settl Wot | the /Wells ? * Farfiro" Nevada" Jna-*
tlohal.»L,a Mott : of; the iCrocker national/
William Connor of jthV Bank of Callfoi > :
nia. "Frank;'; T.~\Arnold\: of .'< the Mercan
tie Jessie McCargerfof- the" Crocks
er | national, Charles P. ; Downing of I the
Union ?.truBt;-.oompany 'and^Walter'' Mc-
GavlnVof if. the. Nevada! national:;^ Each
one produced '& copy .; of ; the ; account and
the;, deposit- tags Sofithe.: United.," Rail
roads, which' were r admltted as evidence.
It was demonstrated that only $12,000
In i currency v had ; been .\u25a0deposited by the
United vßallfoads/durlng? the ; months of
May, Jane,; Julj'.'.and r August/cf 1903. . :
j AsiMcQavln ;ieft the stand Heney an
nounced that the prosecution had com
pleted its 'case. ' .:\u25a0•;' ,-;; ...._/ .'>> \u0084.-\u25a0-\u25a0: . , ..;
'Ji After la,', short, conference among: the'
attorneys for. the defense Rogers asked
for "time.; ;>1 .".\u25a0.';</" " .;/./-- \u25a0 ;''>'\u25a0 <
r'lf -jrourj-honor pleases,'. 1 he said, !'I
will admit some surprise, and In view of
the fact [that we have not asVea for any
continuance)" '.heretofore, ;I \wlll ;ask ! a'
postponement ;untll, tomorrow morning."
; .Upon 'the? suggestion, of -Attorney ,XI
A.- Moore Ithe ».honr v was fixed at ,10
o'clock this, mornlng. r
The .YVaneouTer; journeymen barber§' union
mebiberg are' «teadily employed at good ; wages.
A, mtjoritj- of ? the : union . shop* are guaranteeing
$18 per week '\u25a0\u25a0 and 60 ptr cent ortr f2T./ ; '
§^on^fq^el^
€ Lldtries
Popular Prices
fi; 'If you have been mak-;
the} mistake 'of; going
&to • a "high / price" • place
"for \u25a0 your J clothes ;-or the
7 still :, ; worse (' mistake of
getting them at a'"cheap"
? . * KW r-.^ /stored/we Svant to see
* '"- fill ."you/- ''"\u25a0\u25a0\u25a0-\u25a0- v \u25a0:.;.-,. '/ ••
n J7,;' . : AV c. han d 1 c- Men's
Ready?- for;- Service
; ; w'\u25a0\u25a0' / ' Clothesyth'at -can ,nqt Jbe
:. m distinguished iinVa'single
. % ;/ detail : /from ;-nhe\5 most
",/ ffl /. /costly . made-to-measure'
v* ',W«{ -garments.
\u25a0 ' With;all{this r excellence,'Ave have
no; high/ ; headed; ideas about /prices.;
; Fall Suits : of ' the ' most j advanced
single v . and .'.'double -';'i breasted . : cut,
inft a "variety of cus-*(h|r« l i -<»/*r
isK l^^u^..:v^;s'sto;s3s
v Fall * Overcoats In V the season's
smartest cloths, '.lux- "(ftp ki'-'Z */»»-
uriously lined; wither Sl^itA'VlH
without velvet • collars ,V*y *W V/VV
\u25a0'4^ \. '.--.... \u25a0 . ; \u25a0 ---..-_,-' : ", ' , ,-
J440 FHlrnore St.
Bet. Ellis and O'Farrell
Big '/(f^^k ' \u25a0 WlJr t&IT
FIVE BEST SELLING
Satan . ./ $1.25 ; Rivesr
iThe Traitor ... . .$!.25 Dixon
The Lady of Decoration $1.00 Little
Be^rixlof [Clare /^ : ;?( $1.25 -Scott;
Stifltitir ,;^.\\s\p [Davis
5 Fine Line Bibles > v
Catholic Prayer Books
Protestant Prayer Books
M^hani^l fßooks
Dictionaries
Parent's Stationery Store
;818. Van' Ness, Ay. ? 1
Great Reduction Sale of Finest Shoes
i^ i-rJE^yeryikind bTshoeS; ifbr every kind of use; an
I Immense assortment of latest styles, newest designs,
I and swellest novelties in the choicest high-class foot-
I wear at attractive price reductions; Note the bargains:
I tadies' and Men's $3.50 Shoes; 1 00 styles, ell
1 sizes, shapes, widths and .leathers; high shoes, oxfords
1 and pumps; the choicest makes, including -6*o i E
I the celebrated SELZ shoe. Reduced to jly a | y
I f LAIRD^ SCHOBER & CO.'S Ladies' vici kid,
I Goodyear> welt or turn sole^ lace shoes . (*( * il "I C
I Regular $6:00 sellers. Redrifcd t0 . .... )*f m #0
\u25a0Tj- Ladies r extra- fine vici kid, patent
1 leather, tip, Goodyear v/elt, ; button or lace d* JJ JJ
I shoes. Standard $6.50 quality. Reduced to 3y , yj
pfnf /re saf/sf action guaranteed or money refunded
I £y\' H ANAN'S Men's vici kid or box^
I\Z ' : JS^: ? a< ?® finest men's shoes
I ~ j/ '"^THv* ma^©" 1 -J>flrring none.
I'^iff \u25a0"* r: mf \u25a0\u25a0 Regular price $6.00. fffj OC
I '['Bk.- -Mf Reduced to $\J . L J
I V Q^^^^[^ We have so * e a Sency
1 in San Francisco and Oakland for
I V ?WUJS^ -V. HANAN'S SHOES
1 /^^^^ SELZ' shoes, world famous; men's
I box calff vJci kid or gun metal »
I ucner or ace * Standard price for
1 quality everywhere, (T JH
I Reduced t0 . . . .
1 We have sole agency in San Francisco and Oakland
I V for SELZ' SHOES
I Ladies' and Men's latest styles ton shoes, all
I shapes, newest designs, nobbiest styles; this season's
I prettiest novelties cut in price to below factory cost.
I SHOES FOR THE: LITTLE FOL3KS. Wonder-
I ful variety at reduced figures; ' See window display.
11^ ' SAX FRANCISCO'S BEST SHOE STORES
110O v VAX XESS AVEXI'E 151S-1530 FILLMORE STREET
'** Corner Geary Xear OTarrtll .
135- MONTGOMERY STREET Xear Bush (MEN'S SHOES ONLY)
;.*•;:\u25a0 Mall Orders Filled the Day Received .
Oakland Stores 460-471 TWELFTH STREET, Bacon Kloefc
ff Reduced Rates East lj
I) Kansas ' City and return .$60.00
I .St; Louis and return . . . . . . . . . . '67.50 . l^^^J^^i-M
II Chicago and return. .......... 72.50
|| Norfolk, Va. (Jamestown Ex- /
position) and return. . ..... . 97.75
New York and return. . ..... . ..108.50 "^^S
\u25a0:-\u25a0\u25a0\u25a0\u25a0'-,-\u25a0 \u25a0 \u25a0 ' \u25a0 S
Corresponding Reduced Rates to Other Large Eastern Cities
DENVER AND RIO GRANDE R.R;
BJL . JEM Through the world famed mountain
fgfl JS scenery of Colorado by daylight. Daily
sleepers to Chicago and St. Louis with-
jg^ . i^^pl out c^ an 8 e °f cars - Call or address
P^^^S;] W. J. SHOTWELL, Gen. Agent. I
SUMMER RESORTS
TAH I T I Paraiso Hot Springs
* « Th« l«jid of breadfrolt. cocoanntt and flowers.
Clement Wrajje. In 'The Romanc* oi the Soata
Beaa," s tayar. -.\u25a0 " ' ••-.-:'•- •; ;-- '.?^. : *T' .\u25a0"-\u25a0\u25a0
•7 "Tahiti Is the island of the jodt. People don't
know,^ they h*re no cone«ptlon of the itlorie* of ,
these \u25a0 Islands. > The -- globe trotter - foHowa the ,
beaten - track "«nd • leaves < out -\u25a0 thl» '\u25a0• faaclnstln* j
spot. \u25a0. One \u25a0 should go not only. for the abort «t«j i
that the ateamer .remain* In - port. ' but atay orer
astearn»r and become acquainted with the na-
! tlTes In their picturesque Tillages."-" - - T
"' 8. ; B. MARIPOSA r sails :\u25a0 October : IT. - Book
: now 3 for - this '\u25a0 wiling. - Bedneed ; rate. : $125 • for
round i trip. ; Offlee, 673, Market it Ttl. Ttm-
porary 1231.' • "\u25a0
- . - - . LINE .TO BONOLULC
•,ts. S' ALAMEDA aalls- October 3, W, J123
rovEd .trip. "r" r
HOTEL METROPOLE
: ':' ": r - *>.:. : V . . europkax '-'plan ' .
.. . v Meat Modern : not*l In Santa Croi . '
! .'\ .'-'•\u25a0• --• Kooras' from T>Qc np. v •-". -"\u25a0
! ' ' ' HEDGPETH ; BROS., ; Props. : :
fiICHARiON SPRINGS
Open : entlr« jesr.- TeD miles from ; Chlco." C*l.
Send 'tor f. pamphlet. *;.; J. H. . RICHABD3ON.
El \u25a0.Verano.-Cslifisrnia, -sear itbe renowned : Boye«
Hot Springs./, German cocktojr.' Uate*— Room and
board.l $7 per week.: 1 Take Tiburonboat." Henry
Koenier, Prop., El VeraDo F. 0.," Sonoma Co.; Cal. :
CITy/sUBSCRIBEBS WHO ;DESIRB
MAILED TO THEJI? .
JAt Suninier Resorts
JV> Or Other _'\u25a0 Ou't-pf-Town Pieces v'^
jWlll i p!eas«' not if y_ ofllce. c'Tlnar city ;
'and \ leoßth \u25a0o t -time ;'de«lre<l ,
\u25a0 Kent to' nerr J address. 'On . ret uralne,
pleaie; .\u25a0 notify;' office, Sin order - "thit'
; aer-vlee \ by^; carrier : may -\u25a0 he promptly
resumed. \u25a0\u25a0" ; ' '\u25a0-.'-
Xfn Orrnershlp nnd Management.
Grandest and "• mott aeeesaible of all :
Resorta. Only seven miles of beautiful ;
road. 'Either by auto or carriage. \u25a0 ;
* Water* - awarded Flrat Prise at St. ,
Louis Exposition. Open- Year Round. <
'\u25a0 Natoral hot soda., sulphur, plunge aad tab
baths, JK>4 to 'llB degrees, for rbenmatism, msla--'
ria. liTer. kidney and all stomach troubles. . Iron -,'
aad arsenic. Altitude 1,400 feet. Swimming.
hunting, flshlDft", bowlinj. tenots. orchestra. Ex- '
pert masseurs. Round trip $3. \u25a0 Kates • $12 to ,
118. Baths free.'. Trains leave Thlrdand town- •
scad at 0:00 a. m.; Firs: ami Broadway. Oak-
! land, 8:23 a. n. Raturaln? arrlre In Sas Francl.'co ,
tt 4 p. m. Information at ?. P. Co. or Peek's,
tec :U.s H. MeGOWAN. Proprietor, Paralvo I
I Sprlnss,. Monterey county. CaL :..\u25a0-.
m HOTEL RAFAEL
#1 if > SAN RAFAEL
\J \J Minutes From Sao Fraacisco
, \ upon all th? ysar: new. . commodious earnse;
b«adquart«r9 AntoißObtle lea^i*. European plan.
11.50, op; £ American plan. (3.30 119. Keserra- '
tlon* niaj- now be made.)H^gBBBHp3HHEMI
, FRANK N. ORPIX. - L«we» aad Maaa«er. .
ATijplo MtTamalpaisTavern
For a day of recreation, a nl^ht of rest
and & morning ride down the mountain
on the r Gravity Car. take the boat via'
Sausalito 1 and. Mill Valley. Sunset-and
sunrise a3 ; seen; from Mt. Tamalpais ar»
beautiful, 'The ; accommodations ; anil
»srvlc« arQ »uperb. See daily paper for
time card., 'ALFRED 11. JOHNSON, Myrv
'\u25a0-\u25a0 vKEY^ROUTE INN"
OAKUM)
VERY CONVENIENT .TO SAN FRANCISCO.-
V Cafe and Grill a U cart*. M«4era:» prices.
\u25a0- V M. 3. MCTXIAX. Mtß-Tger. >
fBYROIV HOT SPRINGS
'To* vratm enrv rhpumati ».t> — the «e«iir>am«nt !•
perfect— th* hot«»l comfort»M«» ami snppital - «r}tii
an.nß^iffUnJ table.:, Sw'iSontb^rn Pacia«. fnfor-
Button sBur»aa.; proan'l Boor. Jiidm Viood 'BMff ..
T!*ek-jQdah Co . T-f> Market oti.'cr addrvts hof»l!
$ XVAISl OO X I>— THEUE - 13 KO i 3 EXTBR
PLACE OX EAiiTK tban thy lowpc Sierra* i a
antumn.' and' there Is ou> "better, pine*. tb«r* t!»«n '
,-,Wa lmoad : for those , who seek : a restful. \u25a0 bocnt-tik*
r»»oft. f Rates. ?sB; to-$l4 a' we«Js. : TJw lnfor-
(nation. bureau* 'h«v* Use book about U. Call oi '
them or adtlresa W. B. HotcbktavApplejatt, Cai.