"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
Zimmer had testified before the Grand Jury that at the direction of Mr.
Glass, he had drawn large sums in currency from the banks, and given the
money to Halsey. Halsey[287] gave no vouchers for this money which he
received from Zimmer. The amounts were accounted for at the company's
office by tags in the cash drawer.
The testimony which Zimmer had given before the Grand Jury connected
Glass directly with the large amounts which Halsey, without giving
vouchers, had received from the telephone company's treasury at the time
of the bribery transactions. The prosecution depended upon Zimmer's
testimony to solidify their case. But when Zimmer was called to the
stand, he refused to testify.
Zimmer based his refusal upon the ground that in his opinion the Grand
Jury had indicted a number of gentlemen upon evidence which Mr. Zimmer
regarded as insufficient, and that he would not, to protect his own
interests, testify.[288]
The court instructed Mr. Zimmer that his position was untenable. The
witness continued obdurate. The court sentenced him to serve five days
in the county jail for contempt.
After his five-days' term had expired, Zimmer was again called to the
stand, and again did he refuse to testify; again was he sentenced to
serve in the county jail, this time for one day. Upon the expiration of
this second sentence, Zimmer was for the third time called to the stand,
for the third time refused to testify. For the third time was he
adjudged guilty of contempt. His third sentence was to serve five days
in the county jail and pay a fine of $500. Before he had served his
time, the Glass trial had been concluded. Zimmer, therefore, escaped
testifying against his associate, Glass. But for his refusal, he served
eleven days in the county jail and paid a fine of $500. The maximum
penalty for the crime of bribery alleged against Glass was fourteen
years penal servitude. Mr. Zimmer thus served fewer days than Mr. Glass
might have been sentenced to serve years had he been convicted. The
testimony which Zimmer[289] gave before the Grand Jury, was not
presented to the trial jury.
Nevertheless, the prosecution considered that it had made out a strong
case, but Mr. Heney and his associates had reckoned without D. M. Delmas,
Glass's chief counsel. The defense introduced no evidence, but Delmas,
in a masterful argument, raised the question of reasonable doubt. He
insisted that Glass had not necessarily given the money to Halsey. He
argued that several others of the officials of the company could have
authorized the transaction. By an elaborate chain of reasoning, for
example, Delmas insisted that if the money had been given Halsey at all,
President Henry T. Scott[290] could have provided for it.
Public-domain text, read in full here on John Shaqi.
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