"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
Ruef, announcing himself as an officer of the court, arose to speak.
Heney objected to Ruef appearing, if by officer of the court he meant
District Attorney or Acting District Attorney. Ruef answered that he
appeared only in his capacity as member of the bar. On this showing he
was allowed to proceed.
Ruef contended that the procedure proposed by Heney was irregular; that
if followed the validity of the Grand Jury would be imperiled. He stated
that he did not want to see the Grand Jury made an illegal body.
Heney replied that he intended, as Assistant District Attorney, to
present felony charges against Ruef, and desired to examine the
prospective Grand Jurors as to their bias for or against Ruef.
Furthermore, Heney insisted, the Court had authority to excuse a juror
if he were not on the assessment roll. To accept as Grand Jurors men
whose names were not on the assessment roll, or men biased or prejudiced
against Ruef would, Heney insisted, make the proceedings a farce.[106]
In reply to Heney, Ruef defied him to produce any evidence "in open
court before an untutored Grand Jury for an indictment." Ruef charged
Heney further with employing abuse "to make the Grand Jury illegal so
that nothing might come of any indictment."
At this point, the Attorney General of the State, U. S. Webb,[107]
addressed the Court. At his suggestion the Grand Jurors were excused
for the day. General Webb then stated that he knew of no law for the
procedure which Mr. Heney suggested. He admitted, however, that such
procedure would be desirable, and advised that no hasty action be taken
in coming to a decision.
Heney in reply read from California decisions to show that The People
have the authority to make examination of Grand Jurors, and continued:
"The only question remaining is as to when this examination shall be
made. Suppose the foreman of the Grand Jury is biased or prejudiced.
Does it require any argument that now is the time to make this
examination instead of waiting until we have presented our evidence to
the Grand Jury? Shall we first have to give those whom we accuse time to
bribe witnesses and get them out of the country? Shall we let the
defendant come in and quash the indictment, if there is any bias or
prejudice, and then be enabled to protect himself against prosecution?
"After the miserable fiasco (the attempted removal of Langdon) which
occurred last night," Heney went on, "what more important duty for this
Court to perform than to say immediately that the law is more powerful
than any man or any set of men in San Francisco?"
Public-domain text, read in full here on John Shaqi.
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