"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
"If it had been a poor, ignorant man, or a helpless woman--if
the Grand Jury had dragged her from the jail and compelled her
to testify against herself, and she had not known what her
constitutional right was, it would have been a different
picture. But these four gentlemen are learned in the law. One
of them had been Attorney-General of this State, another had
been his assistant in that office for four years. Mullally is
an attorney and Patrick Calhoun is an attorney whose mind is
equal to that of any man's in California.
"Advised of their rights! Why, they came in there on a subpoena
which General Ford has declared in his own affidavit was faulty
and ineffective. They came on a defective process, which they
knew to be defective. They refused to be sworn, and they were
not sworn, and they left the Grand Jury room without having
answered a question, for the purpose of coming solemnly here to
get these indictments set aside on the grounds that their
constitutional rights have been invaded. That's trifling with
the law. Laws weren't made to juggle with. Laws were made for
the protection of the innocent.
"They knew they didn't have to go, but they went, and they
refused to testify; and now they want the indictments set aside
because their great constitutional rights have been tampered
with.
"They say he could have waived the point and testified, but
because he refused and walked out he has been deprived of his
constitutional right."
[268] In commenting upon the point raised by the indicted carmen,
the Chronicle, in its issue of July 30, 1907, said:
"In attacking the legality of the Grand Jury the attorneys of
the carmen indicted for making assaults with deadly weapons
and throwing bricks at street cars may have played into the
hands of their arch enemy, the president of the United
Railroads. If the Supreme Court should hold that the Oliver
Grand Jury passed out of legal existence when the 144 new
names were selected by the twelve Superior Judges, the
indictments against those connected with the telephone, gas,
trolley and Parkside briberies would be set aside and all the
work of the prosecution would have to be done over. It would
be a curious outcome to the efforts of an attorney to free men
charged with crimes which the unions condemn, but it would not
be the first instance of a miscarriage of the purposes of
organized labor."
[269] Some went so far when examined for jury service at the later
graft trials as to say they would not vote to convict.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account