"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
Every step of the proceedings at the organization of the Grand Jury was
scrutinized. The question of the method of employing the stenographer to
the Grand Jury was made subject of hours of argument. If she were
irregularly employed, it was held, she was an unauthorized person in the
Grand Jury room and her unwarranted presence sufficient to invalidate
the indictments. Garret McEnerney, representing Eugene de Sabla, Jr.,
Frank Drum and John Martin, whose indictments grew out of the bribery of
the Supervisors to fix the gas rate at 85 cents per 1000 cubic feet
instead of 75 cents, was the first to raise this question. But attorneys
for other defendants took it up and seriously considered it as valid
objection to the sufficiency of the indictments. A further point was
raised by several of the defendants that the stenographer had not been
properly sworn. The question was seriously debated, whether she had
looked at Prosecutor Heney or Foreman Oliver at the moment she was sworn
to secrecy.[266]
Another point was brought up by the defendants in the United Railroads
bribery case, that inasmuch as the defendants Calhoun, Mullally and
Ford, had been called to the Grand Jury room and compelled to fall back
upon their constitutional rights to avoid testifying, that they had been
placed in a prejudicial position before the Grand Jury, which
constituted reversible error.[267] Another objection was that the Grand
Jury box had been destroyed in the great fire of 1906, and that no
order had come from any department of the Superior Court ordering its
restoration. Again, it was asserted, that Grand Juror James E. Gordan
was a member of the Grand Jury panel of 1906, while the other Grand
Jurors were chosen from the 1907 list. Indictments brought by a Grand
Jury thus constituted were claimed to be without effect.
Had any one of these and many other similar objections been sustained,
all indictments against the graft defendants would have been
invalidated. Every objection had to be met. Days and weeks were spent by
the District Attorney's office in meeting, or preparing to meet
objections which to the layman appear trifling and ridiculous.
In the midst of this technical fight to have the indictments against
them set aside, the graft defendants received aid from an unlooked-for
source. Sympathizers with the United Railroads conductors and motormen,
then on strike, whose union Patrick Calhoun was at the time endeavoring
to crush--and finally did crush--started an independent attack upon the
Grand Jury.
Public-domain text, read in full here on John Shaqi.
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