"The System," As Uncovered by the San Francisco Graft ProsecutionHichborn, Franklin
History
"The System," As Uncovered by the San Francisco Graft Prosecution
Hichborn, Franklin
Political corruption -- California -- San Francisco; San Francisco (Calif.) -- Politics and government
Judge Dunne, after a three days' hearing, swept aside the multitude of
technical objections which the various attorneys for the defense had
advanced. In particular did he refuse to declare the whole nineteen
Grand Jurors disqualified, because of the alleged disqualification of
Juror Wise.
The prosecution had gained another point in its fight to bring the
defendants to trial on the merits of their cases.
But the attack upon the Grand Jury had scarcely begun. After Judge
Dunne's ruling, the nineteen Grand Jurors were to be put on the stand
and examined one by one for bias.[137] The defense went further, and
had Rudolph Spreckels up to question him as to his motives in
guaranteeing a fund for the investigation of graft conditions.[138]
District Attorney Langdon was also placed on the stand to be examined as
to his motive in appointing Heney his assistant. He denied most
emphatically that he had appointed Heney for the sole purpose of
instituting criminal proceedings against Ruef and Schmitz.
The examination of Grand Jurors, prosecutors and citizens lasted from
December 17 until January 22. On the last named date, Judge Dunne denied
the motion to set aside the indictments for bias. The prosecution had
gained another step toward bringing the defendants to trial.
Judge Dunne stated that he was ready to set the cases for trial the next
day. But the defendants had another delaying play. They demurred to the
indictments. The demurrers were not disposed of until February 18.
In the meantime, the defense had made several complicating moves. The
first of these was an application to Judge Graham to have the case
against Schmitz transferred from Judge Dunne's court. At the same time
Schmitz surrendered himself to the Sheriff, and applied to the Supreme
Court for a writ of habeas corpus, and a writ of prohibition, setting up
the points already raised in Judge Dunne's court against the
indictments. The Supreme Court finally decided against Schmitz.
But there remained another way of having the case transferred from Judge
Dunne's court. The law governing changes of venue could be changed by
the Legislature. The 1907 Legislature had convened early in January. A
measure was introduced in both Senate and Assembly under the terms of
which a defendant in a criminal action was permitted to secure a
transfer of his case from one court to another by merely filing
affidavit of his belief that he could not get fair trial in the court in
which his case was pending.[139] The measure was known as the "Change
of Venue Bill." Its chief supporter in the Legislature was George B.
Keane.
Keane was not only clerk of the Board of Supervisors, but he was a
member of the State Senate representing a San Francisco district. Keane
championed the "Change of Venue Bill."[140] The measure passed the
Assembly, but failed of passage in the Senate. Ruef in his efforts to
escape trial before Judge Dunne had lost again.
Public-domain text, read in full here on John Shaqi.
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