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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, October 05, 1907, Image 2

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Three Jurors Stand Pat for the Acquittal of Ford
bid," Fhouted Bylngton.
* HEXBV DRAWS APPLAUSE
•"Of course we did," Heney shouted
ti return, leaning far over toward By
hgton and phaking his flnger at thu
tpposlnK counsel. "Of course we did.
i'e want to know what you say to
Jim. We want to know how much
fou offer him."
A mighty roar of approval from the
fast assemblage greeted the words of
Pie prosecutor. Before the bailiffs
fould raise their hands for silence the
(peat crowd was still again.
. It was the only disturbance of the
Jay. From early in the morning until
tvening the attorneys argued the case.
It was 6:20 in the evening when
tudge Lawlor complete*! his charge
Ind the case was transferred to the
fory. Heney left without 'delay. Burns
md Rudolph Spreckels remained until
hie jury was sent to the Fairmont
iotel for dinner. Ford, the picture of
Irretche'dness. sat alone In his seat with
Jyes upon the door through which thte
(ury had departed. Patrick Calhoun
Ihifted to the rear of the hall and sat
Jdth arm looped about the neck of
Luther Brown of his detective force,
when it became apparent that the Jury
h-as divided and that a long deliber
ition was in store, the few remaining
ipectators left the templa.
Every walk of life was represented In
pie vast crowd that gathered in the
.1 uditorium. Businessmen, toilers, so
iety r women, students and loiterers Jos
led each other in the aisles and halls.
Scattered In the audience wore mem
iers of tho boodllng board of super-
Visors. Every seat was occupied. The
foorways bulged with humanity that
jxtendfed far into the corridors. As
|he day passed the heat Increased. Fans
iegan to move, but no one left the
tourtroom until the fading daylight
temlnded housewives of evening meals
Co be prepared.
Special sections had been reserved
(or friends of the interested parties,
'he family and friends of Tirey Ford
lat near him. His daughter cast anx
ious glances at her parent. Occasion-
Hly the tears camo to his eyes, but he
ftruKßled to keep them back. With the
lefendant sat William M. Abbott. Pat
tick Calhoun and their many attorneys.
At the table of the prosecution with
Assistant District Attorneys Heney and
iV.Gara sat Rudolph Spreckels and Dis-
Irick Attorney Frederickson of Los An
fceLes.: \u25a0,;,....\u25a0
A. A. MOUUJ-: ARGUES \u25a0
'A. 'A. Moore concluded his argument'
fof tllp defense in the morning. He re
ferred to the evidence offered by the
prosecution as ",a foolish, frittering maze
•jf fragmentary trifles." He referred to
f.aftergan as "Saint Lonergan, Loner
pan, the guileless, who cocked his eye
like a duck looking: for rain and
Walked knowingly into the trap ar
ranged by the prosecution."
\u25a0Rogers appeared before the jury in a
Trince Albert coat, white vest, striped
trousers and gray tie. . He shouted at
times and gesticulated wildly, but
tiever wandered far from the issue at
hand. He centered his efforts on an j
httempt to sliow that th? prosecution's j
ras^. lacked en essential link in that it
r.iHed to show by any direct -evidence
that there had been any agreement be
tween Ruef and Ford.
•.He taunted the prosecution on its
failure to call Ruef. charging that Ri:of
t&6 refused to griv« testimony as de-
Mrefj by the prosecution and had.]
therefore been discarded. :
., Heney ppoke ivith unusual force. He!
replied that the prosecution had not'
called Ruef. for to have called him
wiuld have enabled the defense to put
Words in the month of the former boss/
' "We did not call Ruef,'' he said, "bey;
cause we «td ;not trust him." HeneH'
then proceeded to sum up the evidence
ana to show that the $200,000 drawn by
Pord from the mint could not have been
Ti«ed lor any purpose save for payment
to Ruef for the trolley franchise. He
showed that at the time the prosecu
tion was directing: its efforts against
the boodling board Ford was assisting-
Rnef. Htney used a large chart to'
show the connection between the de- :
posits and withdrawals at the mint and
the payment to the supervisors. He'
censured Rogers for what he termed*
Vthe condition in which he appeared i
before the jury."
The crowd had come to* hear Heney
and Rogers. The two attorneys en
gaged in bitter exchanges during their
addresses, but if any one expected to
see anything in the shape of gun play
lie was disappointed. Rogers preceded
Heney. S'lfr:
EARL ROGERS SPEAKS
:- Rogers began his address at 11 :20
eu m. He spoke in the forenoon for
an hour and resumed at 2 o'clock in
the afternoon, concluding at 3:15. ' He
said in part:
To understand these things, let us po back to
the days after the flre; to those days when every
man who had a cigar cut It In half; to those
cays when a man who had a sandwich pave the
top leaf away. Ever}' man walked. It was $50
for a hack. The dead were yet unburied. The
first man who brought *a biscuit into this tmrn
wa* Thornwell Mullaliy. The first man who
walked tbe streets of this city, and be walked
them until he - died, was George F. Chapman
These are the sort of men whom, with Tlrey L.
Fore, who worked with them, to rehabilitate the
city, they would iiave yon send to Jail.
, They want Tlrey L. Ford to go to the peniten.
Uary. Why? That Rudolph .Spreckels may
own the streetcar system.
Who' came out here on the first train? Pat
rick Calhoun. He came to San Francisco and
aaid. "I'll put every cent of my money la San
Francisco that the city may live again." Still
they want thl* mas to go to the penitentiary
because Lonergan lied- He lied like a trooper
and I will show It to you with his own mouth
Yes, turn your Coffers and your McGushUw loose
that Kpreckels may get tb« streetcar system.
Gentlemen. look at this thing the right way.
The first spadefull of dirt for the rehabilitation
of San Francisco wa* turned by the United Rail
toads. The United Railroads did- not have- to
buy this franchise. Every man of those super
visors said be favored It. Of course he did.
•o did all the people. Think Tirey L. Ford a*
tnuch of a knave as yon will, but doa't think
him such a fool a* to pay when be did not
have to.
When Spreckels jot Gallagher oot to the
Tresldlo. what did he *ay? He said, "We don't
want you, we want Ruef: we want Ford and
Calboun and a few others."
SAYS CITY WAS FAVORED.
Don't thick that this company bad to have this
' franchise. Saa Francisco had to Uav« it. Don't
think it was any considerable advantage to the
company; th« company could better have afforded
to have remained out of San Francisco. The
franchise runs for only 22 years. The Cnlt«"d
Railroads pays only 3 or 4 per cent; that is all.
The company will not get its money back out of
, this Investment.
„ B<»cau«e these men are brave., enthusiastic and
energetic they are persecuted. I brought here
the material to prove the entire matter. • I
thought they would bring in the evidence. But
what are they doing? They have other ease*.
They *re playing poker. Is that right? Heney
tiad Itnef in bis office. He had him before the
rrud Jury. Heney told you he would Bhow
that General Ford tad authorised Ruef to pay
tbl* money. There *at Ruer right there. Why
didn't -lie call htm? What did he do? I* that
r*lr— playing poker? Wbea you are on trial
Tor your life, do you want It to be a game of
poker? They would make Ford & chip — and a.
white chip at that.,,
"Ah." thejr will rty, "why didn't you call
.Tluefr 1
I haven't had Huef in my custody for *U
, months. When I went down to ask him a
couple of questions the other day be said: "You
can't; there* the guard."
I'll tell yon why they didn't call Ruef. They
*ib 4 arranged what be was to say. but when
RuPf . got in thla courtroom and looked General
.Ford 1n the eye and looked me in the eye, he
couldn't do It, because be knew it wasn't the
truth. You tnuft regard that a* an indication
t lust Ruff's testimony would have been favorable
'*<\u25a0> this defendant. They bad him there and they
did not call him. That* crooked. They would
eboot a tnan in Arizona for that.
; If circumstances or netn *et of circumstance* are
relied oo to convict, those . circumstances '. must
nui only be . consistent with his guilt, but they
'mutt be inconsistent : with, hi* innocence.
FORD'S TRIP TO SllS'T
There isn't a thing against Ford except tome
scattering circumstance*. What are the clr
oumstance*? The flr*t to which Mr. Heney will
point is .that 5200,000 was sent to the mint to
Ford— no; to Calhoun — «nd $173,000 to Mullaliy.
L<et'c pause a moment. Mr. O'Gara say* -..bat
*ecreey is the principal element of crime. The
records ' of the Untied States mint are. pabllc
fT— •\u25a0*?. Xob knd I can to ther* uu. Urn« sad
•cc tbem. When Ford • went to the mint, ' Cld
he so secretly? No. be went, openly. Why. he
took money weighing es much \u25a0\u25a0 McEnerney
right down the halls into the relief corporation
headquarters. .- ' : *\u25a0
Mr. Ilenej told you he would show you ' that
the $200,000 nerer went through the books of
the company. The books . were brought," Mr.
Heney took one look through those -books ocd
what did he find? Something he did not '-ant
to find. Did he show you that the entries were
not In the books?- No," Bir.'-N They produced
here, and took two daya to do It, Rome tank
accounts of the United Railroads; not all of:
' the bank account* the United Railroads hnd,
only a few of them. Not all. mark yon. Why
didn't they show that the money wasn't de
posited In the name of Patrick Calhoun or in
the name of Tircy L. Ford? And let me (rtre
yon a little tip. Did they ask If General Ford
didn't buy Presidio and Ferry stock with the
money?. How do you know Ford dint buy
homes with that money?
Where is the testimony that one dollar wnt
to Ruef? Where Is the testimony that Ford
erer told Rnef to make an arrangement with
Thomas F. Ixmergan? A chain Is as strong us
Its weakest link, and when there Is a . weak
link the chain won't pull. That's the trouble.
Wilson stood by "the testimony he gave before
the grand Jury. Lonergan didn't. . \ \u25a0 *.\
Mr. Heney has promised to show yon - that
Ford promised the money to Buef. that Ruef
promised It to Gallagher, that Gallagher prom
ised It to Lonerpau. But he hasn't, dorm It.
There was a chain, a step, a Udder. Yon are
asked to send Ford up those, steps. Can you
tell me that those steps are there? The frst
step is from Lonerpan to Wilson. Wilson cays
"No." The. next step Is from WlUon to Gal
1 lajrber Wilson Bays "No." Gallagher . says
"Y«*." The next step Is Gallagher to Unef.
Gallagher says "Yes." but you can't go further.
I want yon to think of one thing: Where
Is the link that wmneeta Ford with Lonerpfan?
Where Is the link thst connects Ford with
Wilson? Where Is the link that connects Ford
with tJallagher? Where is .the link that con
nects Ford with Rnef? If ther*> were anr thi-y
had It here. Ruef eat here. Why-didn't they
call him?
I submit a case where I am to be followed
hr a special prosecntor. not by the regular
district attorney. We were born -20 mile*
spurt in New York state. I do not know bow
the county stood for it. The man who 5s to
follow n>e U a private prosecntor. brought Here
not to enforce the law. but to riweeiite certain
men and to send them to the penitentiary.
PROSECUTOR HEXEY SPEAKS
Heney spoke for two -hours and 20
minutes. He began at 3:20 o'clock and
concluded at G:4O o'clock. He spoke in
part as follows: ->V
This Is one of the most remarkable exhibitions
I eTer saw in a court of record., I've seen It
matched, but It's been in a police court: They
«a.v I am a private prosecutor; 'they say I am
being paid privately. That's a criminal offense,
gentlemen, and do you think they would n&t
prosecute me on the Instant if they had a syl
lable of evidence. I'll guarantee now that If
Mr. Rogers has any such evidence I will step
asidp and he can lay it before the grand, Jury.
! Let's sro back. We find in January. 1905, thi»
I pack of supervisors holding secret caucuses, their
i boss sitting openly among them, the most brazen
I thing ever seen In the civilized world. Every
one knew that boodllng had been going on. What
i did Mr. Calhoun do? Did he drive this man
from his presence? No. lie grasped him in
affection, warmed him at his' hearth and fed
him at bis table. Let us see, why. •
When It was announced that the United Kail
roads wanted a trolley franchise, what did we
have? We see Ruef going to Gallagher to see
how the boys stood. We see Gallagher going
among the 'boys and we see Wilson going to
Lonergan and telling him net there would be
JB.OOO and then $4,000. Wftfit do we find after
the fire? We see the public mind anxious for
the trolley franchise. Why was it that Patrick
Ca!Uoun anil the United Railroads did not get
the committee to go before the board of . super
visors end demand that the franchise be given |
to the company? I'll tell you why. They had
made their bargain with Rue?.
! They blame us for going after the public
! service corporations and not being satisfied with
j sending Ruef to prison. But I tell you that the >
i root of the evil is in the public service corpora- ;
tions. Ruef's successor is already in the field |
and Ruef himself only succeeded Kelly and: 1
Crlnimlns and Chris Buckley. By getting the
bosses we will be setting the effect and not the
cause.
What is the trouble with San Francisco? First
the prize fights and their promoters . married in
! a polygamous marriage with houses of prostltu
{tiou. with the criminal element and the public
j e>rvjee corporations. Why «re they thus mar
j riewllr Tq gain the same ends — special privileges
I that bring them money. What has the public :
service corporation in common with the prize.
fitrbt promoters and the house of prostitution?'
Their love of money — Mammon — beloved money. ;
When you find them giving up $200,000 to the
board of supervisors, you can gamble on it that
! they expect to make not $750,000. but millions.
Yi»i will find bankers like' Mr. = Hellman. who
will buy the bonds and who afterward will «le-
I nounce the men behind these . prosecutions and
j cry. "They are hurting ' business." 'Like a "pa
tient under the knife, come !of San FrancUeo's
businessmen cannot stand the pain. . '
\u25a0 If there was in the conviction of Ford only,
the punishment of an individual. I would say,'
"Go out, Mr. Ford, with your wife and family
and sin no more." But no; the prosecution has
aimed at something higher than that. It has
aimed at the root of the evIL ' \
SECRET CAUCUSES
At a time when the whole city was crying
agaiust tLIs pack of thieves, tin; board of su
pervisors, what do we find the defendant doing?
We find him holQlug secret meetings with Rnef
and telling Gallnghvr that he sympathized witU
the administration. Let's inquire if we do not
see the manifestation of a guilty conscience
on the part of this defendant. The grand jury
was Impaneled In November. 1905. At the
same time Mr. Abbott went to Gallagher's
office with a note for Mr. Ruet from Mr. Ford.
It vu at a time when Gallagher . as acting
mayor bad tried to remove Langdon; when
every decent man would have tried to help. 'lt
was a note, typewritten and unsigned, that
Ford sent to Ruef. It warned Ruef that the
grand Jury had taken op the trolley matter
and said that the next step, would be to try
and trap the supervisors. What doe* that mean?
A guilty conscience. ' , .
How did Ford know that Gallagher and Ruef
were one? General Ford was there helping Ruef,
warning Ruef. He wanted to keep the Doodling
board in of fie* where It could •: continue to
: boodle and rob the people.
Why did General- Ford forewarn the' board of
supervisors. He saw the danger. Why. didn't he
go before the grand Jury and tell the facts?
Bf cause It would have involved that great cap
tain of Industry, Patrick Calhoun, and bis hon
ored name. Because It would' haTe announced
that the general connsel of a great corporation
had been disloyal; because after that he could
not have practiced law. He knew he couldn't
claim extortion, because ; every member of the
board . had said he was In favor of ' the fran
chise. Consequently the I prosecution was driven
to traps and it took five months of long, arduous
labor . to gather the | evidence. - — .
Have the supervisors been bribed Id the trol
ley matter? If to. who bribed them? When
ever you look for the man who paid a bribe you
look for a man who bad a motive. It's a nat
ural inference that somebody* connected with
the trolley company furnished the money. The
only explanation to the contrary has been of
fered by Mr. Moore, who suggested that Rnaf
dug down into his own long pockets. We have
enough to show that that is not likely.
TRACKVO THE MOXEV
Heney then showed how the money
arrived at the mint the day* after the
trolley franchise was passed; that it
was paid out the. day after the fran
chise was signed and that on the
same day Patrick" Calhoun, having ac
complished his mission in San Fran
cisco, departed for the east. He
traced the $175,000 which had' been
placed in the mint to the credit of Mul
lallly through the regular financial
channels, showing that it had been
used in the regular , business of the
company. Heney continued: *
Yon remember that , Mr. Bogera helped me
show where thla «75.000.0f Mullally's went
JS^^l also r * caU t»*t-he »ald nothing about
$200,000 which Ford withdrew In currency
Strangely enough the cash book of the United
Railroad* left here at the time the prosecution
commenced ltt Investigation ' and I went ' to New
York more than, a year ago and there it stays
I* there any reason why Patrick Calhoun couldn't
take the stand and tell yon where the money
went?/ Is there tnjr reason why Abbott didn't
tell you where the $200,000 went? Is there any
reason why Starr, the treasurer, went east? '
I have heard of a building in this town that
they call the tower of golden silence and a re
porter who write* lies for It . named Whlteomb
and I've known a place called the - tower of
golden speech. . \
They ask why we didn't put Rnef on the stand.
I'll tell you. We didn't trust him and we didn't
want to put him on -the stand, for "them -to put
words In hi* mouth. . We didn't want to have
him taken out a* they proposed to take Loner
gan, iritb painted women and a magazine
writer. \ .. " "\u25a0. . '.-•.,\u25a0 '. • .-.\u25a0-,.,-
They . ask why we didn' 1 1 pot Ruef on i the
stand* Why Rutf never, saw that money (sarcas
tically). ; Why, Zkhat money was last seen In
the hands of Tlrfy L. Ford and William Abbott.
It was given to Ruef and to no one else. There
can be no doubt about It. - \u25a0:.•-; .\u25a0\u25a0".. \u25a0>.<\u25a0
. Did Ford put the money la the United Rail
roads treasury? No. - Did he put it In the bank?
No. What did, be do with it? He paid It to
Rnef. . . ,\u25a0 - s
It this was an honest transaction, why didn't
the money go Into the bank or why didn't they
pay Rnef by. check? Because they knew, that
no one was fool enough to believe tbtt Ford and
Calboun wonld pay $200,000 to Rnef to draw up
a two sheeted ordinance, and there 1* no etldenee
even to show that he did draw It up.
In a nutshell the conclusion ;l*. that this $200.
000 was brought here for the purpose of carrying
out th« . contract. These ; captain* : of : Industry
don't bribe men \u25a0 themselves. They i hire men to
do that- They hired general counsel to do that
JUDGE'S CHARGE .TO THE JTTRY'
The Judge, in his Instructions' 7t7 to 1 thai
IKE Sm~ -FBANGISCO xCAEL, i: sMmD^; AOGTOBiat 5, ' 1907.
jury, embodied many of,- the; statements
advanced by . both the prosecution and ,
the defense, and opened/, his
with the law which, declares £ aa prin
cipals in a 1a 1 felony, air concerned' in its
commission, whether present or hot. ;
Continuing, he declared ' that direct
evidence entirely in \ proof , of ; a;\u25a0 con
spiracy was . not necessary. "Z% He warned
the Jury, it Lwas. not necessary,/ to prove
that the parties met together and came
to an explicit " understanding," but that
ho offense was . proved \if the Jury was
satisfied "beyond 'a' reasonable doubt
• that the parties tacitly , came to a ; div- :
tual ; understanding.; He ' laid particular
stress . u|>on what constituted a reason
able doubt, saying - it ; was not such as
any man might start by questioningrfor
the sake of a doubt. . ,\u25a0'.
Speaking further on .this point,;' he '
declared that a * reasonable ; doubt I nee,d '
not necessarily*. arise out-'of,, the , testl^
mony, but it might'; bV; the result of 'in.
lack of testimony^ sufficient to satisfy.
If, the court, said/' the evidence; pointed
to two consistent \u0084w ith
either .the guilt 'j"o,r''. Innocence -of the
defendant/ the Jury ;was bound to ac
cept the^one of innocence.
The "presumption of : Innocence of the
defendant' until . proven V guilty, -he said,
did not cease when -the case ; was ; put
In the hands of the Jury,, but; was : to
operate In his .favor -until \u25a0 a verdict
was reached. r . Stress - was laid ' on the
fact thaV indictment of 1 the I. defendant
must not be taken; as evidence of the
person's. 1 guilt, j •;: .';V V •:'.'*,'" '. ''
..The.'Jurbrs were cautioned to distin
guish'carefully, between the facts tes
tified^- to', by.; the .'witnesses and .the
statemehts .made * by .-counsel, and if
there was a | variance to : consider the
testimony alone.- ' -
He concluded by- reminding the jurors
that they ; were called ; upon _. to; decide
issues of great importance to the people
of the state and to. the defendant and
that they- were to discharge,, their sol
emn task In keeping with their oaths
of office and with their; duties as citi
zens of the commonwealth. \u25a0 ' :\u25a0. ,\u25a0
CROWD AWAITS VERDICT
Untilnearly midnight .last .night sey
eral'hundred people : waited in .the
streets surrounding the "Temple Israel
for the verdict of the jury in the Ford
trial, which. was expected momentarily.
It was not .until a quarter after .11
o'clock, when Judge Lawlor ordered
the Jury to bed for the night, that tlie
crowd dispersed, disappointed in; the
hope that a verdict would be reached.-
The jury left the courtroom at 6:30
o'clock; and was .closeted ' for 45 .min
utes in Judge Dunne's courtroom in the
temple before being sent to the Fair
mont for dinner. Two ballots were
taken during- this time, but without
result. At 8:45 o'clock, having finished
dinner, the jury retired- to one of the
banquet halls of the Fairmont/where
ballot after ballot was taken, with no
change in the original vote, which is said
to have been nine for conviction and
three for acquittal. Judge Lawlor at
tended the theater in the evening, hav
ing left word that he was to be called
In case the jury signified its readiness
to report. Shortly after 11 o-'clock he
returned to the Temple Israel, commu
nicated with Deputy Sheriff James
Ryan, who is in charge of the jury.and;
ordered that the members bo < allowed
to retire. • . \u25a0 > •\u0084*
During- the evening hours a crowd,
refused admission to the -temple,, gath
ered outside -in Webster street, -but'
made no demonstration. 'Ford,;* "in
charge of Deputy Sheriff John Holland,
remained in one of the courtrooms with
Attorneys Bylngton and Rogers, while
Assistant District AttorfTey O'Gara rep
resented the prosecution. Ford : was
finally ordered Into .Holland's custody,
for the night and -was accompanied by
the latterto his home, jwhere' the court
allowed him to remain until this morn-
Ing. Judge' Lawlor expects^ 1 to be in
Judge Dunne's courtroom at 9 o'clock
this morning and will be ready atany
time after that hour., to -receive- the
jury's report. §£ ; ; V- • . . .- : .. \u25a0:*.-...\u25a0 :
Louis Harkqess, who claims he is a
motorman, : but who . is said by Detec
tive J. Compton to be a ,' sleuth trailing
William J. Burns, was arrested yester
day In .Judge : Lawlor's, court, during
the Ford trial and charged with carry
in gfa concealed weapon. Compton, one
of Burns' men, pointed Harkness out
to Patrolmen O'Connors - and v . Cregan
and said that Harkness ;had -been fol
lowing Burns for several days. • Hark
ness denied the charge but as. he had
no permit to carry a revolver he was
put in Jail. '\u25a0..•\u25a0 ' :
Oliver Grand Jury Nears
\u25a0^ End of Allotted Term
Will Meet This Afternoon to Make
Final Investigation
The last sessions of the. OJiver grand
Jury, destined to be ' forever famous
among' all Inquisitorial bodies In San
Francisco's j-. history; . \u25a0 are at hand.
The grand Jury .will meet at 2
o'clock this \u0084a fternoon to take, up a
final investigation -of -several: pending
matters and while -the 'final adjourn
ment will not be taken today there will
be few subsequent meetings. . 5 '<•..\u25a0>:
Code provisions limit the life of any
grand jury to one year.:; 'The' Oliver
Brand Jury : was Impaneled and organ
ized on October, : 9 1 of last | year and be
fore the ninth of . this month It must be
discharged by order of Presiding Judge
Coffey of the superior ?. court. - ''.-' lt is
probable that the final-report^ will be
filed; and , that- the ?; grand jijury^tself
will request to "be "discharged' as -soon
as a final disposition is made of. the few
matters that It has under consideration,
and that no new investigations will : be
undertaken -by ; the ; prosecution 'until »a
new,*grand i Jury.; has been ;orgahi»ed..;
'The subjects to be taken up today
and at the subsequent, meetings "next
week relate to the general graft In
quiry and there is little: doubt that. 'the
final report will be accompanied by sev
eral additional' indictments made possi
ble by the; evidenoe: recently -secured, i
Several new, developments, have oc
curred : within ; the Z past week 6ft two
along the lineof the trolley and tele
phone briberies which >have already, led
to ;an abundance of S sensational \u25a0 dis
closures , and >the "c*omlng\*;lndlctnVents
probably; will "be directed ' against I offl
cialsT of ," the "United ? Railroads 'and > the
Home and Pacific telephone compa
nies. 1/ .'."\u25a0 .', : :'r''T^- \u25a0';'.\u25a0 -'-;-:\u25a0-: \u25a0'.: -: ' " : "'\u25a0\u25a0\u25a0:.'\u25a0
Strenuous , efforts \ have been " made Ito
reach the men > responsible' for I the'; con-,
ceptlon of these^ corruption ? deals,:'. as
the prosecution ? believes i that Jn; spite
of "the; depth'^ It: has already; reached in
these* 'matter's *It \u25a0• has ,' not ,' penetrated
to the very. , fountain head * of '? the [cor?
ruptions. In ; -the (coming^lndictments^ 5
however, .it;, will 'not '\u25a0 be * "the ; big:; feK
lows" who are ; Implicated, but '% rather
certain subordinate officials of : the con
cerns-in \u25a0 question.;;. who ; are .^believed
to ;haye ' had a, \ hand '-• in -.the
of ; the various » bribe! funds.' So .; far the
prosecution' has: been unable to ? go be
hind Patrick : Calhoun^ in % the*^ trolley
q\pal. - Glass .In : the J Pacific \ telephone'
deal,"'Detwller;.' in ': the J Home -!; telephone
deal, j or, any., of those indicted
mc connection* with; ' gas ; ; and^ Park-"
•Ide matters. "Where ; new indictments
fall. In :anyi of i these
on \ the heads fof * officlals^undor " those
already^* Indicted 3 Instead : of v on 1 bigger
men behind \u25a0 them. ' V V,;:- ?;
i-i{ Evidence"^ already.v secured ;has had
the r " tendency r^ to p Implicate ; \ men^,'eveh
more prominent In financial circles and
J n th e go v«r nmen t o f .corporations ; than
those?: already f; Indicted, ,; but jthe\chaln
of i such v evidence^ Is ; : not .'complete and
does :i not x warrant -: ; Indictment,;: .Every
effort - has ' : been r mada to strengthen
-\u25a0••• ' \u25a0 HAVE YOU SEEN
' ';'\u25a0\u25a0-'-\u25a0'•' ' " .\u25a0'"\u25a0"\u25a0 \u25a0 " \u25a0\u25a0."-\u25a0- . \u25a0' * - \u25a0 \u25a0 - • '\u25a0"
WHERE tKe climate is the best in the States ,
WHERE lots are sold on the easiest terms ever offered-— sl2s and up. $10.00 down
v $1.00 a week and t upward. No interests-no taxes. w ..
; _ WHERE you arelonly 36 minutes from Market street. '" N
I WHERE everybody who sees the property buys.
: Come to our office today for free ticket.
Be:our guest tomorrow-^ we ; will arrange personally- conducted trip for your benefit.
The lots in DUMBARTON are going so fast that you must act quickly.
We predict that more money will be made at DUMBARTON than any on the
Ktf^/ll ITC^A^^ :^^Wft^aWl\7 Market Street, San Francisco!
X^lllCriCGill I\CUI J&OialCf \dfUlHpany Gentlemen-
.' \u25a0'•..\u25a0. . i \u25a0 ' Please send me new engraving of Dum-
*' ,- .' ; ' \u25a0" {; '\u25a0' , • barton showing developments on the Pcn-
7 -'.'-' fh*\f* fJlsht*\tekf Sktr»O(at insula ' I atn interested -
these weak -places, but so. far without
avail and -.this; 1 will be, the. task be
queathed; by the Oliver,, grand .Jury to
Its successor. :,:':- : ;;. r ' :
'*<It. Is: probable -that ~ no .indictments
will .be -returned^ today, buts that ;any,
true* bills; fpunjl • Uuring ( . the,- next few
sessions will be retained for filing with
the final: report. .Ae l soon as the body
Is adjourned the court^ immediately will
order. .. .the drawing;, and i impanelment
of a •new; grand jury,'* and I there will
be v a lapse* v of\but. a day.or ; two be
tween the .death of the old grand jury
and t\ieV bir.th " of. 'the new. A. '.".fight
similar, to that 'which occurred, a year
ago when the Oliver grand jury was
impaneled by > Judged Gran am. is ex
pected again.'-'for, the corporation chiefs
realize their danger ; even more .keenly
than they did f a year- ago s and there
wlU'be.'a bitter and determined battle
from, certain quarters : to] prevent .the
selection of an Impartial body'of. men.
That every influence- will ; be 1 brought
to bear .to pack the Jury is the belief
of "the graft prosecution. " • "'
Halsey Jury Is Discharged
Because of Former's Illness
Physicians' Declare . Defendant
Will Not. Record -for Trial
/Owing to 'the grave' danger /existing;
that Thedore V. Halsey will not recover,
the 10 jurors whoi had been Impaneled
in Judge Dunne's court to" try him were
dlscharKed yesterday. . Dr. ;.- Shumate,
Halsey's* physician,", testified that } the
telephone man Vas considerably worse
than- he was a. ,' Week •\u25a0' ago, \u25a0 - and In ' an
swer", to .rAssistant : : District : Attorney
Hoft/iCook the. physician said ; that It
was " impossible for-; Halsey ;to be ;In
c6urt.\t.^.;;' •\u25a0, »"' \u25a0':, V.;; r - \u25a0-"\u25a0'•'-"', v ;: / ';\u25a0'. '; i- '- : \u25a0'\u25a0"\u25a0-';-:•/•\u25a0
, .Cook ..then announced that . a confer
ence, had been held between Langdon,
Heney, Hiram W/ ; Johnson and Cook, at
which 5 it ; bad been determined j that ' It
was useless ito .keep ' the : jurors ' in r at
tendance any longer. A. stipulation in
writirig^had been' drawn". up and signed
by Halsey, Langdon and ; Cook [eonstfittg*
in»;toV theVdlscharg«-ol!{th» rJurori.
Some . of -the sworn < Jurors, ' ; Cook j said,
had -received business offers that would
take) /Ithenv'out Yofv'l'l the {city. '\u25a0\u25a0;'\u25a0 Judge
Dunne .continued v 'the} case for two
weeks to be set. - : ;;-.'V--"' : :;'' : \u25a0.-\u25a0-\u25a0\u25a0':.•;:\u25a0'
Vit;was stated^lastv night';that'Hai
sey's condition was such that little hope
was i held out to ' his • family ' for; his re^
covery.' '\u25a0'\u25a0': ;:\u25a0'• \u25a0/•'-'.': r ;'.\u25a0\u25a0""•\u25a0'.' ;- \u25a0
RAILROADS TRAFFIC ;
0 : RESUMED? AT i QOLDFIELD
End of Trouble Is in Sight, Saya Man-
ager; Heddeh; When ; Called
Upon byl Committee
*; GOLDFIELD, * Nev.; {Oct. " 4— the first
train -to arHve '• In' Goldfleld : since * last
Tuesday:; nl&ht fcame ; at V4\ p, j m.< today,
.with V two • days' delayed mail. V It! left
Immediately.' t or • Mlna ..wlthv the outgo
ing: ; mall and- will" return from that
place ;;wlth' food \u25a0 supplies « V.that have
been stalled* there ' for several d,ays.
I>lt-j Is ?, understood -; here : , that 1 the \u25a0 men
have 'v bee'tiV*- orderedriback';-; to- work if by
thelheadaT;*of!;the" v4rlbus'*order«Xwlth
which s they; are affiliated; and • that reg
ular train ; service V will '• be : resumed { not
later ; than ; Monday. Sf A ;. committee "ap
pointed* by lthejc^amber« of
visited ;r Managers Hedden v : In !:, Tonopah"
\u25a0 today, i and by. ; him j^that
everything possible was being: done to
re6pen v ,theVroadTand":!,that: the - end of
the trouble was in: aigrht; *••\u25a0•\u25a0.":.'. ' ; ,^
CHOSEX BANK COMMISSIONER
' SACRAMENTO. < Oct. >: 4."— 'i Governor
Glllett; has Judge t C* H.»Ga
routtej'[to"; be ; state i bank ; commissioner
to! succeed \ Charles H/- Dunsmoof ,;whbse
term iexpir6<J r oh ? Julyllft action of
thej executive comes as r tt complete ,suri
prise, as he* has C kept \u25a0£ the * politicians
Sfuessin^! for ! two , months or more, ' V~A
THIRD TERM MAY BE
RESULT OF TRIP SOUTH
Warmth of Reception' to
, Ro.osevelt at Memphis
Encouraging
Special bl^b 1^ Leased Wire to The Call
-MEMPHIS, Term., Oct.' 4. — President
Roosevelt's visit to Memphis today may
become the turning point in deciding the
\u25a0great question as .; to .whether he will
recant his declaration and run for pres
ident in 1908. . .-.'/'
' If .anything _ could' make Roosevelt
change his mind it. would be. the pros
pect of. carrying.: some of ; the states in
the solid south, just as he carried Mis
souri.;- In 1904; .Democrats here, -who
are sick of seeing the south isolated
year after year, assert- that .there would
be a strong probability of his getting
the 'electoral vote of .this state, which
has now. two republicans in the house
of representatives. .-• \ :
t The reception ' given Roosevelt was
significant in that it marked a complete
revulslon^of ', sentiment '.toward ; him . on
the - part of the. people r of ; Tennessee,
Kentucky, Missouri,' Oklahoma,* Louis
iana and, Arkansas,, all of which states
sent v their: - crowds "to throng the
streets and bid him welcome.
It was . his > second visit to r Memphis.
His first -trip' here ,was * Just five years
ago, when he came to participate In the
reception i to ; : General Luke E. "Wright
on ; his \u25a0 return : from the * Philippines.
Then the southern mind was filled, with
bitterness toward ,' the ; president be«
cause; of the 1 incessant efforts he was
making to ; force - ; on ; ' the s citizens "of
Charleston,; S. "C, -the \u25a0 appointment of
Dr. (; Crum, \u25a0 a ; negro, 1 ! to ibe \u25a0' collector -of
the jport. It was; a daring; thing Vf or
the president to come here at that time,
and; there 1 were /many;; hisses as he
drove* through the streets.-^ . "
. X The i; president seemed . greatly Im
pressed today with the cordiality of his
reception," and "it is^ believed he : is
nearer the' pomt 1 of 'yielding to the
Glamor for a third term than ever be
fore. V- "'. \u25a0;\u25a0':. , . - .\u25a0': '" . •". • ' ;'. \u25a0 . :'
PICKPOCKET ; CAUGHT
r OAKLAND, : Oct.'-; >4.>-rJames -: Cartmlll;
a pickpocket ;.wlth; a; police \ record,* was
caught Uni the 'crowd at the Idora park
fair. James Fahey of 1817, Prince street.
Berkeley, ! felt pa S hand fln :; his - pocket
and' turning: quickly . saw ; Cartmill ;turn
to ; run. :;. Fahey grabbed him' and turned
him «yer to Policeman Gilbert. Fahey's
purse.i containing f ; $135, - was 'found -In
CartmUl's ;: pocket./ He; was locked :' up
at the station charged with grand lar
ceny.'vvV''".'v-iT.": i i>"? :.l : i'i^Jy : -^~< -v.- >*"\u25a0•. \u25a0'i^,' r > -;
_ m. Possess •ufpuwng points of ex-.M
m cellcnce due to care in making, \u25a0
\u25a0) m- \u25a0 correctness of patterns and quality 1
\u25a0 °f niaterial— ln whit* *or exdu- • I
I slve fancy patterns— sl*so and up. 1
'H ;. ("'\u25a0\u25a0 : ;'^'CHJCTT,*"FC«BOOT. ** CO/C \u25a0 • ..', M
\u25a0 m*k«w or awwow coiufS?;^^y
JF Reduced Rates East
JW Kansas City and return. 560.00 l|
1 Mr Chicago and return 72.50 M
mf .:.-..\u25a0 St. Louis and return. ... *..;. 67.50 B
B New York. and return 105.50 X
83 Corresponding Reduced Rates to Other Large Eastern Cities Jog
I Rio Grande R. R. h A^
lA Through the world-famed mountain WPg. &&
«k scenery of Colorado by daylight. Daily Sbßl
Ul sleepers to Chicago and ' St. Louis with-
out change of cars. Call or address J&
I RUPTURE I
1 1| CURED WITHOUT KNIFE 111 1
! ! OR LOSS OF TIME— RESULTS GUARANTEED \\
ii "I was cured four years ago, and have not felt £he \ \
' i *V\ si ightest; effect sinccl" The greatest boon to mankind yet ( '
| ; discovered. . W. D. EVANS, \ !
ii "1319 Octavia St., San Francisco, Cal."
1 1 FIDELITY RUPTURE CURE .i |
; ; 1 122 Market Street Opposite Seventh
( i. .Rooms 7 and 8 , Houra 10 to 5 •
I i.-.-. - \u0084 - - -.. \u25a0 \u25a0- v - \u25a0 -•-• \u25a0 ./.-•. •
tj9to»o»»f»ggew»9e»»oe»»e»jgee»»»oeeeo^»&»»»##»>
t^i^ : .: °f*** Man ".\u25a0..
«R*iwl If you *r« too thia~» m«r«
sa \u25a0 ' Bhsdow of what Ton ihotild be
-»« P«ptoL This new food
|j3g|f remedy ia guaranteed to In-
&v-^Sivv& v -^Sivv emm your w«i*h t in SO days
E^IN or money refunded. It h«lp»
\u25a0 Jg&ffiKk \ digest and **»tai)at* otier
fMfcSßr foods-eredte« appetite. Builds
-MST s^Sk booklet *Why Ptopte ar« TUo."
•~*^".\:; " ': J?* \u25a0At all Drusslst**
for sale: by the owl drug co.
GHICHEisfER ? S PILLS
V- r^fq bora, mlcd with Blm Rltbon. \/ %
m fake \u25a0• oiktr. Bar ifroir v
It J DIJSIiND lIKANO riUAteM
•'\u25a0 VV B y«r»kßown«4Be»t.Sa/«t.Al-»«»»Rtltihl«
BY WHfifflSTS FWDVWIFIIf
CALL WANT ADS
BRlNfj RESULTS
|THECALL r S
BRANCH OFFICES
Subscriptions and Advertise-
ments will be received in San
Francisco at following offices:
1831 FIIXMORB STREET
Open until 10 o'clock .every nlsh* ;
SIS VAX XESS AVEXUB
Parent's Stationery Stors.
«0O FILI.MORE STREET
Woodward's Branch.
ISS HAIGHT STREET
Christian's Branch.
lIXTSEMH AXD MARKET STS.
' • Jackson's Branch.
•74 VALENCIA STREET
Balliday's Stationery Stor%
X 18« VALENCIA STRKKT
* BUke't Basaar.
Mil. ISTH ST. COR. MISSIA.^I
International Stationery Stortk
STU MISSION STREET
Ta* N«v#tari».
WEEKLY CALL, $I YEAB V

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