[412]SeeChapter IV.[413]The Citizens’ League of Justice was organized immediately after the attempted assassination of Witness Gallagher by means of dynamite. Those immediately connected with the prosecution, it had been amply demonstrated, were risking their lives. In the Citizens’ League of Justice was proposed an organization, entirely separate and apart from the graft prosecution, to back the prosecution. The idea originated with Bruce Porter, the artist. Rev. Charles N. Lathrop, of the Church of the Advent, became interested. The initial meeting was held at Father Lathrop’s house. While the League had no connection with the prosecution, it became most effective in support of the prosecution group. Professor George H. Boke, of the University of California Law School, accepted the hazardous position of the League’s executive officer. In spite of the fact that he was jeopardizing his position at the State University by his course, Professor Boke did much effective work in bringing the conditions which confronted San Francisco squarely before the public. Matt I. Sullivan, who afterwards became Chief Justice of the State Supreme Court, served as the League’s president.[414]Dr. Taylor’s observations on this point were as follows: “Let us see to it that no matter who else breaks the law, that we shall not break it. In this crisis, we must, above all things, keep our heads. We must, above all things, while resolute and determined, be self-restrained.“San Francisco has had many afflictions. She now has this additional affliction of the assassination of one who stood for the people’s rights; of one who was fearlessly engaged in the important and priceless business of civic regeneration, and who, while in the act of performing the greatest of all duties as a citizen, was laid low by the bullets of an assassin.“But let us not add to the affliction the affliction of breaking the peace. Let us, above all things, as I have said, keep ourselves restrained. Let us not add to the afflictions that are upon us the affliction of mob law. Let us go about our business, whatever we may do in this matter, in a peaceful way, but in a resolute way, in a determined way. I am satisfied that the officers of the law will do their duty. I am satisfied that the judges will do their duty, and that our juries will do their duty. And if they, each one of them, perform faithfully the functions upon his part, we have nothing to fear, and we shall see that those who are guilty are punished and are rightfully punished.”[415]The following resolutions were adopted at the meeting:“Whereas, following unparalleled disaster from the elements our unfortunate city fell upon times of unprecedented civic corruption, necessitating the tearing down of the wreckage of government, and the rebuilding of our civic structure on foundations of law and justice; and“Whereas, the first labor necessary was the prosecution of criminals, bribe givers, bribe takers and brokers in corruption; and“Whereas, the prosecution, beset with many difficulties, obtained its evidence in the only way that such evidence could be obtained; and“Whereas, in the subsequent attempt to convict the guilty there was developed a vast conspiracy to thwart the ends of justice, which conspiracy has involved social boycott and unjust and coercive business pressure, has openly employed thugs to terrorize the officers of the law, has employed lawyers to browbeat and insult witnesses, prosecutors and the judges on the bench, and to waste the time and money and to exhaust the patience of the people by useless and technical delays, and which conspiracy has moreover involved so large a part of our public press that many of our people have been deprived of the truth and have been fed upon poisoned lies; and“Whereas, up to the present time the law as administered has proved inadequate to secure that prompt and certain application of justice, which must be the basis of social order; and“Whereas, out of this conspiracy grew plots to kidnap, and actual kidnaping; plots to bribe juries, and actual jury bribing; plots to assassinate witnesses and an attempt to assassinate a witness by dynamite; and out of it also grew plots to assassinate the prosecutors, and the attempted assassination of the bravest friend that San Francisco has known, Francis J. Heney;“Therefore be it resolved, that here and now we declare our unwavering allegiance to law, and that if the criminal law be found to be so framed as to permit the escape of civic malefactors we shall see to it that the law be amended; that if the lax administration of the criminal law be due to misinterpretation by judges, we shall see to it that men be placed upon the bench capable of construing the law.“Be it further resolved, that we call upon the Supervisors to provide adequate funds for the District Attorney’s office to secure the detection, prosecution and conviction of criminals, high or low, and the full protection of officers in the discharge of their duties;“Be it further resolved, that we demand the truth from our public press, and shall see to it that our people are informed of the facts that they may judge of those who by lying and misrepresentation are perverting public opinion.“Be it further resolved, that we solemnly assert our utmost confidence in the law-abiding character of our people; that we here declare our gratitude for the inestimable service rendered us by the office of the District Attorney in the restoration of reputable and responsible government; and that we stand firm in our determination to indorse and to aid that office to the end that all persons accused of crime shall be fairly tried and their guilt or innocence be finally established in accordance with the provisions of law.“To these ends we pledge ourselves, that our beloved city may be purged of boodlers and grafters and be a better home for ourselves and our children.“Be it further resolved, that we send word to our wounded champion, that his labors for us are appreciated and that his sufferings for our sake are not in vain.”[416]SeeChapter IV.[417]Captain Duke, at an investigation which followed, testified: “At Mr. Burns’s suggestion, we took Haas into the room off the courtroom occupied by the stenographers. First we made a slight search, and then I said to Mr. Burns: ‘Are you sure we searched him thoroughly?’ and we went over him again. I felt down to his shoes. I always search a man that way, for when I first went on the police force I had an experience with a Chinaman, whom Policeman Helms, who was recently killed, and myself had arrested. We found a dagger in his shoe, and since then I have always examined a man’s feet. I will state that I felt the man’s shoes the other day after they had been put on the corpse and the derringer placed in them, and from the bulge I noticed then I am sure that I would have felt the weapon had it been in his shoe at the time of the arrest. We were looking for anything that we could find. From something the man said—that he didn’t care if he lived or not—I thought that he might make an attempt to commit suicide.“It would have been an utter impossibility for the derringer to have been anywhere else than in the man’s shoe,” Duke continued. “If it was in his shoe it would have been under the stocking and the man would have had it there 29 hours before he killed himself. It would have made a mark on the flesh or interfered with his walking, and he did not even limp. If the cartridges had been in the shoe they could have got under the foot and the man could not have walked.”[418]Neither press nor defending lawyers were spared in the criticism. “We have,” said Rev. Bradford Leavitt of the First Unitarian Church at San Francisco, “dreamed that we were living under the government of laws, whereas we were living under the government of newspapers hired by corrupt corporations, and the enemies of civic decency.”“The lawyers who are paid to thwart this Graft Prosecution,” said Charles S. Wheeler, “have proceeded with deliberate plan to destroy the effectiveness of the prosecution by withdrawing the support of the people. In this way they have reached the home of every individual. They have brought cunningly into the home their hireling periodicals, and a press misguided or worse, has been largely instrumental in aiding their desire.”[419]President Roosevelt’s telegram to Mr. Spreckels was as follows:“White House, Nov. 19, 1908.“To Rudolph Spreckels, San Francisco.“Am inexpressibly shocked at the attempted assassination of Heney and most earnestly hope he will recover. The infamous character of the would-be assassin no less than the infamous character of the deed call attention in a striking way to the true character of the forces against which Heney and you and your associates have been struggling. Every decent American who has the honor and interest of the country at heart should join not only in putting a stop to the cause of violent crime of which this man’s act is but one of the symptoms, but also in stamping out the hideous corruption in which men like this would-be assassin are bred and flourish, and that can only be done by warring as Heney has warred relentlessly against every man who is guilty of corrupt practices without any regard to his social standing and his prominence in the world of politics or the world of business. I earnestly hope that Heney will recover, and I give utterance to what I know would be Heney’s wish when I say that I earnestly hope that whether he recovers or not there be no faltering in the work in which Heney has been so gallant and efficient a leader.“9:10 A. M.“THEODORE ROOSEVELT.”President Roosevelt telegraphed Mrs. Heney as follows:“White House, Nov. 14, 1908.“Mrs. Francis J. Heney:—Am inexpressibly shocked at news of the attempted assassination of Mr. Heney and am greatly relieved at the news this morning that he is doing well and will probably recover. I hope you will accept my deepest sympathy. Like all good American citizens, I hold your husband in peculiar regard for the absolutely fearless way in which he has attacked and exposed corruption without any regard to the political or social prominence of the offenders or to the dangerous character of the work. Your husband has taken his life in his hands in doing this great task for our people and is entitled to the credit and esteem, and above all, to the heartiest support of all good citizens. The infamous character of the man who has assassinated him should add not only to the horror and detestation felt for the deed, but also to the determination of all decent citizens to stamp out the power of all men of his kind.“THEODORE ROOSEVELT.”[420]Grace Episcopal Church is attended by many of the most prominent citizens of San Francisco. At the time of the shooting of Heney, several prominent Episcopalians were under indictment. In spite of the intense feeling in his congregation, against the prosecution, Rev. Mr. Evans continued to give the work of the District Attorney’s office his approval. An era of petty persecutions for Mr. Evans followed. He was finally brought to resign his pastorate and accept a less important charge at Palo Alto.In this connection it is interesting to note that in spite of powerful opposition to the prosecution of prominent Episcopalian laymen, the Convocation of the Church held at San Francisco in August, 1907, adopted the following resolutions unanimously:“Whereas, Our government is imperiled by the criminal use of wealth to influence legislation; and“Whereas, Existing conditions in San Francisco present a moral issue; therefore be it“Resolved, That, in the judgment of this convocation, bribery is always a crime deserving punishment, and, furthermore, that duty commands every Christian man to exert himself to foster a public recognition of the quality of the crime.”[421]Judge Lawlor’s statement to the jury was as follows: “Gentlemen of the Jury: I have a few words to say to you before this trial is resumed at this time. Since you have been sworn as jurors the Court has on many occasions, with elaborateness and repetition, sought to convey to your minds an understanding of your duties as jurors in this case. It has been pointed out to you that to the charge which is on trial here, the defendant, Abraham Ruef, has interposed a plea of not guilty. That charge, considered in connection with that plea, puts in issue, for the determination of this Court and jury, the allegations of that charge. You have been sworn as jurors to pass upon the facts in the case and to apply those facts, when resolved from the evidence, to the rules of law which the Court shall finally state to you to govern you in the rendition of your verdict. These many admonitions, as it has also been pointed out to you from time to time, are founded upon a provision of the law which makes it the duty of the Court to administer those admonitions.“The purpose of the law requiring those admonitions to be given is that when a jury is sworn to try an action it shall divest itself of all matters which theretofore might have found lodgment in the minds of the members and to proceed to render a verdict solely upon the matters which shall be brought to the attention of the jury in the due course of judicial proceedings. These constant reminders of that duty are calculated to keep the sense of jurors alive to a full compliance therewith.“I doubt if anything I could say at this time would tend to amplify what has already been declared from time to time in that behalf, but in view of a transaction that occurred in the courtroom on the afternoon of Friday, November 13, 1908, the Court deems it proper to re-emphasize with all the power that it may command the duty of the jury to proceed to the further discharge of its duty at this time in utter disregard of that transaction. The Court realizes that the jurors may have heard or seen a part of that transaction, or that phases of that transaction may have been communicated to the jury. Now, without regard to what extent that assumption may be justified, the Court desires the jurors to in every manner relieve their minds of any impression or anything that they have heard, or anything that has been said, or anything that has been communicated, or that shall hereafter he communicated concerning that transaction; in other words, we are to resume this trial at this time at precisely the point that had been reached when the recess, during which the transaction occurred, was declared.“I may state to you generally, that on that occasion Mr. Francis J. Heney, the Assistant District Attorney, was shot by a man bearing the name of Morris Haas; that Mr. Heney was wounded as a result of that assault. Happily the injury was not a serious one, and at this time there is every indication that Mr. Heney will recover from that injury.“Now, that transaction, so far as this Court and the jury, the defendant at the bar, the People of the State of California, the counsel and all other interests interested or involved in this trial are concerned, is to stand as though it had not occurred; no person is to be charged with any responsibility for that transaction; this is not the place for the consideration of that transaction.“It may be stated also to you that the assailant afterward took his own life while he was confined in the County Jail upon his arrest in connection with that transaction.“And neither matter, I repeat, should find any place in your minds. It should not in any manner form anything in the nature of bias or prejudice concerning anyone.“This Court would despair of having the law administered upon the charge at bar if the jurors did not in every manner comply with the admonition of the Court to exclude that transaction entirely from their minds.”[422]Lathem testified before the Grand Jury that about the time the bribe money had been passed he had driven Ruef to the Hirsch Bros. store, where Ruef had obtained a shirt box. He had then driven Ruef to the offices of the United Railroads. Ruef had entered the offices with the box. He had come out later with the box and a package. With box and package he had gone to his own office, and from there, taking the box and package with him, he had been driven to the safe deposit vaults of the Western National Bank.Lathem did not testify before the Grand Jury until after Ruef had confessed, and then Lathem testified with Ruef’s consent. It is a significant fact that Lathem was sent out of the State the first time not in the interest of Ruef but of Tirey L. Ford, head of the United Railroads law department. Lathem went to Colorado on an automobile trip with the father-in-law of Luther Brown, one of the United Railroad detectives. Lathem’s wife was permitted to accompany them in the automobile. They stopped at the best hotels. Lathem was paid $150 a month.The importance of Lathem’s testimony lies in the fact that at the time he took Ruef with the shirt-box to Ford’s office, Ford had just received from the Relief corporation officials $50,000 in small currency, which made two large bundles, which were carried to Ford’s office by Abbott and himself and placed in Ford’s desk. This was at the noon hour. A little after one o’clock Ruef went to the Western Pacific Safety Deposit vaults where he then had a deposit box. The cubic contents of this box was not sufficient to accommodate those two bundles. Ruef at that time secured two additional boxes. The cubic contents of all three boxes together was just sufficient to nicely accommodate said two bundles.The theory of the prosecution was that Ruef carried bribe money in box and package.At the trial, Lathem stated that the story which he had told before the Grand Jury was not true.[423]From January 12, 1909, to June 20, 1909.[424]Earl Rogers showed himself particularly clever at goading. His ability in this line was shown toadvantagealso, at the trial of Clarence Darrow, charged with jury fixing at Los Angeles, whom Rogers defended. The Fresno Republican in comparing the two cases said, in its issue of July 12, 1912: “When Heney tilted, as prosecutor against Earl Rogers as an apologist for crime, he was the ‘wild man of Borneo,’ to the more staid and polished members of the San Francisco bar. But now that Fredericks and Ford, prosecutors of Los Angeles, lost their tempers under the goadings of this same Rogers in the Darrow case, nothing is said about the wild man of Borneo. Fredericks and Ford, unlike Heney, are recognized as the socially elect of the profession, but Heney in the wildest excitement of the Calhoun trials, never tried to throw an ink bottle at Rogers, as Ford tried to do the other day. Plainly, as a matter of social etiquette, it depends upon whose ox Rogers gores.”[425]See footnote269.[426]The Chronicle, as early as July 10, 1907, punctured the theory that the bribing of public servants is justifiable.The Chronicle said: “In the examination of a talesman in Judge Lawlor’s court on Monday an attorney for the defendant charged with the crime of bribing city officials made the statement that San Francisco is divided on the subject of punishing men who have committed the offense named. He said: ‘You know, of course, that San Francisco is divided on this graft question. Half in favor of the prosecution, and, say, half contrary minded.’ Possibly he believes that this is true, but there is absolutely no foundation for the assumption. There is no evidence on which to base such a statement, and it would not have been made if there was any possibility of determining its truth or falsity by some simple test.“It is doubtless true that there are plenty of men in this community who regard the crime of bribery lightly, and are ready to defend it on the ground that laxity in the conduct of municipal affairs made it necessary to resort to it or abandon all enterprise. But the great majority of citizens take the sound view that both briber and bribed are equally guilty and equally deserving of punishment, and utterly refuse to accept the excuse that the corporations which have been systematically debauching city officials were forced to that course. They know that the eager desire to secure advantages is at the bottom of the corrupt condition of our municipal affairs, and they feel that unless examples can be made of those who have shown a willingness to profit by the greed and turpitude of those elected to office the practice of bribing will be again resumed and continued as long as there is anything to be gained by the pursuit of criminal methods.“Even if it were true that the community is evenly divided it would be outrageous to plead that fact as a justification for the commission of criminal acts. If San Francisco should be so lost to shame that nine-tenths of her population regarded bribery with tolerance, it would be no less a crime, but there would be infinitely more reason for striving to punish offenders of that character to save the city from the moral degradation involved in the acceptance of the idea that it is excusable to defy the laws by debauching public officials.”At the time of Calhoun’s trial, however, The Chronicle read talesmen who sided with the defense no such lecture.[427]See Chapter XV, “The Ford Trials.”[428]The trolley-permit was granted May 21, 1906.[429]The letter placing $200,000 to Calhoun’s credit read as follows:“Treasury Department, Washington, May 22, 1906. Superintendent of the United States Mint, San Francisco, Cal. Sir: Confirmation is certified to a telegram sent you this day, in substance as follows:“‘Pay to Patrick Calhoun, President United Railroads, $200,000; to Lachman and Jacobi, $12,500; to Beech Thompson, $20,000; to Canadian Bank of Commerce, $250,000; on account of original certificates of deposit Nos. 5251, 5252, 5253 and 5267, issued by the Assistant Treasurer of the United States, New York city. In all amounting to $482,500.“‘Pay to master California Lodge. Number 1. A. F. and A. M., $319.65 on account of original certificate of deposit No. 112, issued by the Assistant Treasurer of the United States, Chicago.’ Respectfully,“CHARLES H. TREAT,“Treasurer of the United States.”[430]The telegrams directing the money to be paid Ford read:“Cleveland, Ohio, July 28, 06. Hon. Frank A. Leach, Superintendent U. S. Mint, San Francisco. Please pay to Tirey L. Ford, or order, fifty thousand dollars and charge same to my account. Patrick Calhoun, President United Railroads of San Francisco.”[431]Calhoun’s order placing the $100,000 to Ford’s credit read as follows:“Cleveland, Ohio, August 21, 06. Hon. Frank A. Leach, Superintendent United States Mint, San Francisco. Please pay to General Tirey L. Ford, or order, one hundred thousand dollars, and charge the same to my account. Patrick Calhoun, President United Railroads, San Francisco.”[432]Calhoun’s final receipt for the $200,000 was as follows:“Received from Frank A. Leach, Superintendent U. S. Mint, two hundred thousand dollars ($200,000) on c/d No. 5251, with Asst. Treasurer U. S., New York.PATRICK CALHOUN,“President United Railroads.”[433]“I want to protect those (the contributors) whom I promised to protect in this matter,” said Spreckels. “Outside of that, the matter is entirely an open matter; I have no concern in it.”—See Spreckels’s testimony, Transcript of evidence in the matter of The People vs. Patrick Calhoun, Page 3385.[434]The statement in full of the expenditures of the Prosecution, as shown in the transcript of the Calhoun trial, will be found on page xxxiv of the Appendix.[435]The charge of private prosecution was raised early. The Chronicle of May 14, 1907, printed as part of Ford’s statement why he did not testify before the Grand Jury, the following:“The private interests that are behind this attack upon the officers of the United Railroads have free access to this juryroom through their chosen counsel who has assumed to exercise all the official authority of the District Attorney of this city and who, by reason of the exercise of such authority, has become the legal counsellor and guide of this Grand Jury.“The officers of the United Railroads are not unmindful of the tremendous power for harm that lies in this unusual and extraordinary situation.“They, therefore, protest against the consideration by this Grand Jury of any evidence whose legality and sufficiency cannot be judicially determined from a full, complete and correct transcript thereof.“Second—The subpoena by which my attendance here was compelled was not only insufficient in both form and substance, but was served by a privately employed detective who is not a citizen of California and who is employed and paid by private interests notoriously hostile to the United Railroads.“Third—There is here present a person not permitted by the laws of this State to be present, namely, an attorney nominally representing the office of the District Attorney, while, in fact, representing private interests in no manner connected officially with any of the governmental affairs of this city and State.“Fourth—I am the general counsel and legal adviser of the United Railroads and its officers, and whatever knowledge I possess of any of the affairs of the United Railroads or of its officers, has come to me in professional confidence and, under the law of this State, every attorney is compelled to keep inviolate, and at every peril to himself, preserve the secrets of his clients.“Fifth—Under the statement of the representative of the District Attorney’s office in attendance before this Grand Jury, I feel it my duty to stand with the officers of the United Railroads upon my constitutional rights, and the District Attorney knows that he cannot in these proceedings compel me to testify, and he also knows that no unfavorable inference is permitted to be drawn from our declination in this regard.”[436]One of the most complete answers to the charges scattered nation-wide by the Graft Defense, came from Dean John H. Wigmore of the Northwestern School of Law at Chicago, author of Wigmore on Evidence, (See footnote283.)[437]See transcript of testimony, The People vs. Patrick Calhoun, No. 1436, page 3723.[438]Mr. Spreckels finally testified on this point as follows:“Mr. Heney. Q. At the time that Mr. Phelan agreed to contribute the $10,000, Mr. Spreckels, what did you say, if anything, about contributing yourself? A. That was in the first meeting. I think, Mr. Heney, and I told him that I was ready and willing to contribute a similar amount; that I believed it would be possible to get others to join and contribute.“Q. At that time was anything said by any person about prosecuting Mr. Calhoun? A. Absolutely no.“Q. Or any person connected with the United Railroads Company? A. The discussion was entirely confined to the administration, the corrupt administration as we termed it.“Q. At that time did you have any purpose or intention of prosecuting Mr. Calhoun? A. I had not.“Q. Did you have any reason to believe that Mr. Calhoun at that time had committed any crime? A. I had no indication of such a crime.“Mr. Moore. Was that time fixed, Mr. Heney?“Mr. Heney. Yes, it was fixed; the first conversation, and he has fixed it as nearly as he could.“The Court. Have you in mind the testimony on that point, Mr. Moore? There was some reference to it in an earlier part of the examination.“Mr. Heney. Q. When you had the talk with Mr. Heney in April, 1906, did you say anything about prosecuting Mr. Calhoun, or anybody connected with the United Railroads? A. I did not.“Q. Did you at any time tell Mr. Heney, that you desired to have him prosecute Mr. Patrick Calhoun? A. I did not, at any time.“Q. Did you tell him at any time that you desired to have him prosecute any person connected with the United Railroads Company? A. I did not.”[439]The Chronicle in its issue of March 19, 1907, the day after the story of corruption of Supervisors was made public, refers to the denials of United Railroads officials as follows:“Weeks ago, when the first charges of a corruption fund was published, Patrick Calhoun issued from his New York offices a typewritten statement, equivalent to about three-fourths of a Chronicle column, in which he announced:“‘I have just seen the San Francisco papers, in which vague charges are made that the United Railroads of San Francisco paid or caused to be paid $700,000 for a permit to use electricity on the roads that it formerly operated with cable. There is no foundation for this rumor. The United Railroads of San Francisco never paid or authorized any one to pay on its behalf a single dollar to the Mayor, Supervisors or any public official of the city of San Francisco or the State of California.’“Late last night the following additional denial was issued from the office of the United Railroads:“’I am authorized to state in the most positive way that neither Mr. Calhoun nor any officer of the United Railroads ever paid or authorized anyone to pay one dollar to any official.‘THORNWELL MULLALLY,‘Assistant to the President United Railroads.’”[440]The following statement was published over the name of Otto T. Hildebrecht, one of the two jurors who had voted to convict:“As soon as we entered the jury room, I overheard a crowd of the jurors in the rear of the hall shouting ‘Acquit! Acquit!’ We then proceeded to name a foreman. This matter disposed of, the members began balloting.“In the first half hour three ballots were cast. On the first vote it stood 8 to 4 for acquittal. On the second ballot Maguire succumbed to the pressure. I called upon him for his reasons for changing his vote and he replied: ‘Oh, these corrupt conditions have always prevailed in San Francisco. The Supervisors in this case are no different from the other men, who have filled those offices. It will always be like that.’ To combat this attitude on Maguire’s part, I stated, ‘Well, it is time to stamp out the crimes in this, city. In order that the evil may be corrected we must put a stop to it.’ This seemed to have no weight with Maguire.“The next ballot showed that Anthes had gone over to the others. From him I secured this information: ‘Oh, why I always vote with the majority.’ I said, ‘Why, how can an honest man take that view of the matter?’ I have taken an oath and at that time announced that I would try this case solely on the evidence.“It is plainly pointed out in the testimony of Sanderson that Calhoun was present when Ruef said, ‘This thing will go through on Monday. It is all settled.’ This produced no impression upon the others, although I argued that such testimony alone proved Calhoun’s guilty knowledge of the plan to put the deal through when he remarked in answer to Sanderson’s query, ‘Then you won’t need me?’ ‘I don’t think we do.’“I then asked the other jurors to come into court, they contending that Ruef had carried on the conversation with Sanderson and that Calhoun was an innocent witness. We asked to have this testimony revealed and the jurors filed into court. Upon returning to the jury room we renewed our deliberations.“The other ten jurors came at Binner and myself and sought to induce me to stretch my imagination to the end that Calhoun had paid the money to Ruef, but only as a fee. They acknowledged right there that Calhoun had paid over the money but they argued that he didn’t know that the money was going to be used as a bribe to the Supervisors,—only as a fee to Ruef. After that I knew that these men had purposely taken the wrong view of the whole matter. I had called them to account for the remarks that the testimony throughout the case was all purchased and that Heney had held the whip over the Supervisors. Thereupon they backed down on that stand and made their whole plea on the ground that Calhoun had given the trolley money to Ruef as a fee.“I disagreed on the ground that Heney, Spreckels and the other members of the prosecution were not on trial as they insisted, and that the other matters, such as the theft of reports and suppression of testimony, had only been touched upon during the trial to prove that Calhoun knew that the bribery deal had been carried through.“‘Can’t you give Calhoun the benefit of the doubt, that he paid this money as a fee?’ was the burden of the others’ argument. ‘I would be willing to extend him every chance,’ I replied, ‘but why has he not introduced these vouchers of the United Railroads in court, then we might see what was paid to bribe the juries in the Ford trials.’ After this they dropped me like a red-hot stove. I seemed to have struck home. It was a terrifying ordeal to stand off these ten men for twelve hours, but I held firmly to my course and voted throughout upon my conscience. I should have been ashamed to have lifted my head in the future had I fallen down and voted for an acquittal. When the deputy, Mr. Coyle, called to convey the word to Judge Lawlor as to the clearness of an agreement being reached, I met him at the door that night. ‘We shall never reach an agreement,’ I replied, ‘unless these men come over to my side. That I fear shall never come to pass.’ The claim has been made in the Globe that I asked for a secret ballot. That is an untruth, as is the statement that I am a Socialist. Not that I am opposed to Socialism, but I have never been inclined to their views. Our political outlooks differ. When I told Coyle that there was no chance of a verdict being reached, the other jurors, one of those standing alongside of me, punched me in the ribs in an effort to make me shut up, as they figured that they ought to be able to convince me. I have received letters from all over the State; friends and acquaintances, even utter strangers, congratulating me upon my stand in the Calhoun case and my vote for conviction.”[441]Calhoun, after the disagreement of the jury that tried him, issued a statement to the press in which he bitterly denounced those who were responsible for the prosecution, and hinted at retaliation. He continued to insist that Heney was a corrupt official: “There lies in the courtroom,” said Calhoun, “forty checks made by Mr. Rudolph Spreckels to Mr. Francis J. Heney since his alleged appointment as Assistant District Attorney. Those checks were deposited in the American National Bank to his private account. They aggregate $23,800. The first of them amounted to $4,900. They are the price of his infamy. He can not escape the fact that he is a corrupt public official by the contention that he has been engaged in a holy crusade. He can not defend the acceptance of money from a private citizen for the express purpose of enabling him to devote himself exclusively to the so-called Graft Prosecution without committing the crime of accepting a bribe. I here make the formal and specific charge that Francis J. Heney stands side by side with James L. Gallagher as a corrupt public official. I charge him with having accepted bribes and I also charge Rudolph Spreckels and James D. Phelan with having given him the bribes; and if we can get a fair District Attorney in the city of San Francisco I propose at the proper time and in the proper way to submit formal charges against Heney for having received bribes and Spreckels and Phelan for having paid them.”Of Calhoun’s threat of prosecution, The Call in its issue of June 22, 1909, said:“In that soiled and motley retinue of strikers and heelers, jury fixers and gaspipe men that the head of the United Railroads has gathered about him were many who made it a business to proclaim that when the indictments came to the test of fact in court the disposition of that $200,000 would be explained as a perfectly innocent matter in the simplest possible manner. How these promises have been fulfilled we know. The mystery of that $200,000 remains as dark as ever. Not even the stockholders of the company are invited into the confidence of its president. It is not now the question, Where did he get it? but What did he do with it?“As long as that question remains unanswered by or for Calhoun and as long as he refuses to undergo cross examination and the ordinary legal tests of proof, just so long will the whole American public believe him guilty of bribery. As for his threat of some sort of vague legal proceedings against the prosecutors, that will merely provoke a laugh, as men do laugh at a cheap and obvious bluff.”[442]The free press, not only of California but of the entire nation, protested against such a course. “San Francisco,” said the Pittsburgh Times-Gazette, “owes it to the nation to continue her fight against the big grafters of that town. If she lets up now the grafters the country over will take heart, and the next time it becomes necessary to go after the tribe, it will be more difficult even than it has been in San Francisco to convict a briber.”[443]See “Story of the California Legislature of 1909,” Chapters VIII, IX, X, XI.[444]This reform was accomplished at the Legislative session of 1911. The undesirable provisions were also stricken by amendment from the Direct Primary law. See “Story of the California Legislature of 1911.”[445]“Before voting on this matter,” (the Direct Primary provisions) said Senator Stetson, an anti-machine leader in explaining his vote, “lest any one in the future may think that I have been passed something and didn’t know it, I wish to explain my vote, and wish to say that this permission accorded a candidate to go on record to support that candidate for United States Senate, who shall have the endorsement of the greatest number of districts, comes from nobody and goes to nobody. It means nothing—mere words—idle words. The only way in which a candidate could have been pledged would have been to provide a pledge or instructions to the Legislature. The words ‘shall be permitted’ mean nothing and get nowhere. I shall vote for this report, not because I want to, but because I have to if we are at this session to have any Direct Primary law at all.”Senator Stetson was referring particularly to the section which denied the people by state-wide vote the right to indicate their preference for United States Senator, but his words would have applied as directly and as truly to other sections of the measure.Other good government Senators did, as a matter of fact, denounce the very partisan clause which later contributed so largely to Heney’s defeat. Senators Campbell, Holohan and Miller, for example, while voting for the bill, sent to the clerk’s desk the following explanation of their vote:“We voted for the Direct Primary bill because it seems to be the best law that can be obtained under existing political conditions. We are opposed to many of the features of this bill, and believe that the people at the first opportunity will instruct their representatives in the Legislature to radically amend the same in many particulars, notably in regard to the election of United States Senators, and the provisions that prevent the endorsement of a candidate by a political party or organization other than the one that first nominated such candidate.”[446]See files of Sacramento Bee for February and March, 1909, and Senate Journal for March 22, 1909, page 1976.[447]The Union Trust Company loaned $175,000 to the Calkins’ Syndicate, which published papers in opposition to the prosecution. For the curious circumstances under which the loan was made, seefootnote 275, page 257. The Union Trust Company officials were among the most effective opponents of the prosecution, and most persistent in circulating the story that the prosecution hurt business. The head of the institution, I. W. Hellman, Sr., returning early in August from a trip to Europe, when the 1909 campaign was opening, said in an interview, published in the Chronicle, August 4, 1909: “In New York I found that there is still a great difficulty in securing capital for San Francisco on account of the Graft Prosecution, or the ‘graft persecution,’ as they call it there. Of course, I do not know what changes have occurred in the situation here since I left six months ago, but I had an interview with certain people In New York and I found that they were unwilling to send capital here as long as this ‘graft persecution’ was continued.”[448]Ryan did not receive his full party vote (see chapter XXI) while Taylor received the anti-machine vote of all parties. Nevertheless, this does not account for the extent of the astonishing changes in registration.
[412]SeeChapter IV.
SeeChapter IV.
[413]The Citizens’ League of Justice was organized immediately after the attempted assassination of Witness Gallagher by means of dynamite. Those immediately connected with the prosecution, it had been amply demonstrated, were risking their lives. In the Citizens’ League of Justice was proposed an organization, entirely separate and apart from the graft prosecution, to back the prosecution. The idea originated with Bruce Porter, the artist. Rev. Charles N. Lathrop, of the Church of the Advent, became interested. The initial meeting was held at Father Lathrop’s house. While the League had no connection with the prosecution, it became most effective in support of the prosecution group. Professor George H. Boke, of the University of California Law School, accepted the hazardous position of the League’s executive officer. In spite of the fact that he was jeopardizing his position at the State University by his course, Professor Boke did much effective work in bringing the conditions which confronted San Francisco squarely before the public. Matt I. Sullivan, who afterwards became Chief Justice of the State Supreme Court, served as the League’s president.
The Citizens’ League of Justice was organized immediately after the attempted assassination of Witness Gallagher by means of dynamite. Those immediately connected with the prosecution, it had been amply demonstrated, were risking their lives. In the Citizens’ League of Justice was proposed an organization, entirely separate and apart from the graft prosecution, to back the prosecution. The idea originated with Bruce Porter, the artist. Rev. Charles N. Lathrop, of the Church of the Advent, became interested. The initial meeting was held at Father Lathrop’s house. While the League had no connection with the prosecution, it became most effective in support of the prosecution group. Professor George H. Boke, of the University of California Law School, accepted the hazardous position of the League’s executive officer. In spite of the fact that he was jeopardizing his position at the State University by his course, Professor Boke did much effective work in bringing the conditions which confronted San Francisco squarely before the public. Matt I. Sullivan, who afterwards became Chief Justice of the State Supreme Court, served as the League’s president.
[414]Dr. Taylor’s observations on this point were as follows: “Let us see to it that no matter who else breaks the law, that we shall not break it. In this crisis, we must, above all things, keep our heads. We must, above all things, while resolute and determined, be self-restrained.“San Francisco has had many afflictions. She now has this additional affliction of the assassination of one who stood for the people’s rights; of one who was fearlessly engaged in the important and priceless business of civic regeneration, and who, while in the act of performing the greatest of all duties as a citizen, was laid low by the bullets of an assassin.“But let us not add to the affliction the affliction of breaking the peace. Let us, above all things, as I have said, keep ourselves restrained. Let us not add to the afflictions that are upon us the affliction of mob law. Let us go about our business, whatever we may do in this matter, in a peaceful way, but in a resolute way, in a determined way. I am satisfied that the officers of the law will do their duty. I am satisfied that the judges will do their duty, and that our juries will do their duty. And if they, each one of them, perform faithfully the functions upon his part, we have nothing to fear, and we shall see that those who are guilty are punished and are rightfully punished.”
Dr. Taylor’s observations on this point were as follows: “Let us see to it that no matter who else breaks the law, that we shall not break it. In this crisis, we must, above all things, keep our heads. We must, above all things, while resolute and determined, be self-restrained.
“San Francisco has had many afflictions. She now has this additional affliction of the assassination of one who stood for the people’s rights; of one who was fearlessly engaged in the important and priceless business of civic regeneration, and who, while in the act of performing the greatest of all duties as a citizen, was laid low by the bullets of an assassin.
“But let us not add to the affliction the affliction of breaking the peace. Let us, above all things, as I have said, keep ourselves restrained. Let us not add to the afflictions that are upon us the affliction of mob law. Let us go about our business, whatever we may do in this matter, in a peaceful way, but in a resolute way, in a determined way. I am satisfied that the officers of the law will do their duty. I am satisfied that the judges will do their duty, and that our juries will do their duty. And if they, each one of them, perform faithfully the functions upon his part, we have nothing to fear, and we shall see that those who are guilty are punished and are rightfully punished.”
[415]The following resolutions were adopted at the meeting:“Whereas, following unparalleled disaster from the elements our unfortunate city fell upon times of unprecedented civic corruption, necessitating the tearing down of the wreckage of government, and the rebuilding of our civic structure on foundations of law and justice; and“Whereas, the first labor necessary was the prosecution of criminals, bribe givers, bribe takers and brokers in corruption; and“Whereas, the prosecution, beset with many difficulties, obtained its evidence in the only way that such evidence could be obtained; and“Whereas, in the subsequent attempt to convict the guilty there was developed a vast conspiracy to thwart the ends of justice, which conspiracy has involved social boycott and unjust and coercive business pressure, has openly employed thugs to terrorize the officers of the law, has employed lawyers to browbeat and insult witnesses, prosecutors and the judges on the bench, and to waste the time and money and to exhaust the patience of the people by useless and technical delays, and which conspiracy has moreover involved so large a part of our public press that many of our people have been deprived of the truth and have been fed upon poisoned lies; and“Whereas, up to the present time the law as administered has proved inadequate to secure that prompt and certain application of justice, which must be the basis of social order; and“Whereas, out of this conspiracy grew plots to kidnap, and actual kidnaping; plots to bribe juries, and actual jury bribing; plots to assassinate witnesses and an attempt to assassinate a witness by dynamite; and out of it also grew plots to assassinate the prosecutors, and the attempted assassination of the bravest friend that San Francisco has known, Francis J. Heney;“Therefore be it resolved, that here and now we declare our unwavering allegiance to law, and that if the criminal law be found to be so framed as to permit the escape of civic malefactors we shall see to it that the law be amended; that if the lax administration of the criminal law be due to misinterpretation by judges, we shall see to it that men be placed upon the bench capable of construing the law.“Be it further resolved, that we call upon the Supervisors to provide adequate funds for the District Attorney’s office to secure the detection, prosecution and conviction of criminals, high or low, and the full protection of officers in the discharge of their duties;“Be it further resolved, that we demand the truth from our public press, and shall see to it that our people are informed of the facts that they may judge of those who by lying and misrepresentation are perverting public opinion.“Be it further resolved, that we solemnly assert our utmost confidence in the law-abiding character of our people; that we here declare our gratitude for the inestimable service rendered us by the office of the District Attorney in the restoration of reputable and responsible government; and that we stand firm in our determination to indorse and to aid that office to the end that all persons accused of crime shall be fairly tried and their guilt or innocence be finally established in accordance with the provisions of law.“To these ends we pledge ourselves, that our beloved city may be purged of boodlers and grafters and be a better home for ourselves and our children.“Be it further resolved, that we send word to our wounded champion, that his labors for us are appreciated and that his sufferings for our sake are not in vain.”
The following resolutions were adopted at the meeting:
“Whereas, following unparalleled disaster from the elements our unfortunate city fell upon times of unprecedented civic corruption, necessitating the tearing down of the wreckage of government, and the rebuilding of our civic structure on foundations of law and justice; and
“Whereas, the first labor necessary was the prosecution of criminals, bribe givers, bribe takers and brokers in corruption; and
“Whereas, the prosecution, beset with many difficulties, obtained its evidence in the only way that such evidence could be obtained; and
“Whereas, in the subsequent attempt to convict the guilty there was developed a vast conspiracy to thwart the ends of justice, which conspiracy has involved social boycott and unjust and coercive business pressure, has openly employed thugs to terrorize the officers of the law, has employed lawyers to browbeat and insult witnesses, prosecutors and the judges on the bench, and to waste the time and money and to exhaust the patience of the people by useless and technical delays, and which conspiracy has moreover involved so large a part of our public press that many of our people have been deprived of the truth and have been fed upon poisoned lies; and
“Whereas, up to the present time the law as administered has proved inadequate to secure that prompt and certain application of justice, which must be the basis of social order; and
“Whereas, out of this conspiracy grew plots to kidnap, and actual kidnaping; plots to bribe juries, and actual jury bribing; plots to assassinate witnesses and an attempt to assassinate a witness by dynamite; and out of it also grew plots to assassinate the prosecutors, and the attempted assassination of the bravest friend that San Francisco has known, Francis J. Heney;
“Therefore be it resolved, that here and now we declare our unwavering allegiance to law, and that if the criminal law be found to be so framed as to permit the escape of civic malefactors we shall see to it that the law be amended; that if the lax administration of the criminal law be due to misinterpretation by judges, we shall see to it that men be placed upon the bench capable of construing the law.
“Be it further resolved, that we call upon the Supervisors to provide adequate funds for the District Attorney’s office to secure the detection, prosecution and conviction of criminals, high or low, and the full protection of officers in the discharge of their duties;
“Be it further resolved, that we demand the truth from our public press, and shall see to it that our people are informed of the facts that they may judge of those who by lying and misrepresentation are perverting public opinion.
“Be it further resolved, that we solemnly assert our utmost confidence in the law-abiding character of our people; that we here declare our gratitude for the inestimable service rendered us by the office of the District Attorney in the restoration of reputable and responsible government; and that we stand firm in our determination to indorse and to aid that office to the end that all persons accused of crime shall be fairly tried and their guilt or innocence be finally established in accordance with the provisions of law.
“To these ends we pledge ourselves, that our beloved city may be purged of boodlers and grafters and be a better home for ourselves and our children.
“Be it further resolved, that we send word to our wounded champion, that his labors for us are appreciated and that his sufferings for our sake are not in vain.”
[416]SeeChapter IV.
SeeChapter IV.
[417]Captain Duke, at an investigation which followed, testified: “At Mr. Burns’s suggestion, we took Haas into the room off the courtroom occupied by the stenographers. First we made a slight search, and then I said to Mr. Burns: ‘Are you sure we searched him thoroughly?’ and we went over him again. I felt down to his shoes. I always search a man that way, for when I first went on the police force I had an experience with a Chinaman, whom Policeman Helms, who was recently killed, and myself had arrested. We found a dagger in his shoe, and since then I have always examined a man’s feet. I will state that I felt the man’s shoes the other day after they had been put on the corpse and the derringer placed in them, and from the bulge I noticed then I am sure that I would have felt the weapon had it been in his shoe at the time of the arrest. We were looking for anything that we could find. From something the man said—that he didn’t care if he lived or not—I thought that he might make an attempt to commit suicide.“It would have been an utter impossibility for the derringer to have been anywhere else than in the man’s shoe,” Duke continued. “If it was in his shoe it would have been under the stocking and the man would have had it there 29 hours before he killed himself. It would have made a mark on the flesh or interfered with his walking, and he did not even limp. If the cartridges had been in the shoe they could have got under the foot and the man could not have walked.”
Captain Duke, at an investigation which followed, testified: “At Mr. Burns’s suggestion, we took Haas into the room off the courtroom occupied by the stenographers. First we made a slight search, and then I said to Mr. Burns: ‘Are you sure we searched him thoroughly?’ and we went over him again. I felt down to his shoes. I always search a man that way, for when I first went on the police force I had an experience with a Chinaman, whom Policeman Helms, who was recently killed, and myself had arrested. We found a dagger in his shoe, and since then I have always examined a man’s feet. I will state that I felt the man’s shoes the other day after they had been put on the corpse and the derringer placed in them, and from the bulge I noticed then I am sure that I would have felt the weapon had it been in his shoe at the time of the arrest. We were looking for anything that we could find. From something the man said—that he didn’t care if he lived or not—I thought that he might make an attempt to commit suicide.
“It would have been an utter impossibility for the derringer to have been anywhere else than in the man’s shoe,” Duke continued. “If it was in his shoe it would have been under the stocking and the man would have had it there 29 hours before he killed himself. It would have made a mark on the flesh or interfered with his walking, and he did not even limp. If the cartridges had been in the shoe they could have got under the foot and the man could not have walked.”
[418]Neither press nor defending lawyers were spared in the criticism. “We have,” said Rev. Bradford Leavitt of the First Unitarian Church at San Francisco, “dreamed that we were living under the government of laws, whereas we were living under the government of newspapers hired by corrupt corporations, and the enemies of civic decency.”“The lawyers who are paid to thwart this Graft Prosecution,” said Charles S. Wheeler, “have proceeded with deliberate plan to destroy the effectiveness of the prosecution by withdrawing the support of the people. In this way they have reached the home of every individual. They have brought cunningly into the home their hireling periodicals, and a press misguided or worse, has been largely instrumental in aiding their desire.”
Neither press nor defending lawyers were spared in the criticism. “We have,” said Rev. Bradford Leavitt of the First Unitarian Church at San Francisco, “dreamed that we were living under the government of laws, whereas we were living under the government of newspapers hired by corrupt corporations, and the enemies of civic decency.”
“The lawyers who are paid to thwart this Graft Prosecution,” said Charles S. Wheeler, “have proceeded with deliberate plan to destroy the effectiveness of the prosecution by withdrawing the support of the people. In this way they have reached the home of every individual. They have brought cunningly into the home their hireling periodicals, and a press misguided or worse, has been largely instrumental in aiding their desire.”
[419]President Roosevelt’s telegram to Mr. Spreckels was as follows:“White House, Nov. 19, 1908.“To Rudolph Spreckels, San Francisco.“Am inexpressibly shocked at the attempted assassination of Heney and most earnestly hope he will recover. The infamous character of the would-be assassin no less than the infamous character of the deed call attention in a striking way to the true character of the forces against which Heney and you and your associates have been struggling. Every decent American who has the honor and interest of the country at heart should join not only in putting a stop to the cause of violent crime of which this man’s act is but one of the symptoms, but also in stamping out the hideous corruption in which men like this would-be assassin are bred and flourish, and that can only be done by warring as Heney has warred relentlessly against every man who is guilty of corrupt practices without any regard to his social standing and his prominence in the world of politics or the world of business. I earnestly hope that Heney will recover, and I give utterance to what I know would be Heney’s wish when I say that I earnestly hope that whether he recovers or not there be no faltering in the work in which Heney has been so gallant and efficient a leader.“9:10 A. M.“THEODORE ROOSEVELT.”President Roosevelt telegraphed Mrs. Heney as follows:“White House, Nov. 14, 1908.“Mrs. Francis J. Heney:—Am inexpressibly shocked at news of the attempted assassination of Mr. Heney and am greatly relieved at the news this morning that he is doing well and will probably recover. I hope you will accept my deepest sympathy. Like all good American citizens, I hold your husband in peculiar regard for the absolutely fearless way in which he has attacked and exposed corruption without any regard to the political or social prominence of the offenders or to the dangerous character of the work. Your husband has taken his life in his hands in doing this great task for our people and is entitled to the credit and esteem, and above all, to the heartiest support of all good citizens. The infamous character of the man who has assassinated him should add not only to the horror and detestation felt for the deed, but also to the determination of all decent citizens to stamp out the power of all men of his kind.“THEODORE ROOSEVELT.”
President Roosevelt’s telegram to Mr. Spreckels was as follows:
“White House, Nov. 19, 1908.
“To Rudolph Spreckels, San Francisco.“Am inexpressibly shocked at the attempted assassination of Heney and most earnestly hope he will recover. The infamous character of the would-be assassin no less than the infamous character of the deed call attention in a striking way to the true character of the forces against which Heney and you and your associates have been struggling. Every decent American who has the honor and interest of the country at heart should join not only in putting a stop to the cause of violent crime of which this man’s act is but one of the symptoms, but also in stamping out the hideous corruption in which men like this would-be assassin are bred and flourish, and that can only be done by warring as Heney has warred relentlessly against every man who is guilty of corrupt practices without any regard to his social standing and his prominence in the world of politics or the world of business. I earnestly hope that Heney will recover, and I give utterance to what I know would be Heney’s wish when I say that I earnestly hope that whether he recovers or not there be no faltering in the work in which Heney has been so gallant and efficient a leader.“9:10 A. M.“THEODORE ROOSEVELT.”
“To Rudolph Spreckels, San Francisco.
“Am inexpressibly shocked at the attempted assassination of Heney and most earnestly hope he will recover. The infamous character of the would-be assassin no less than the infamous character of the deed call attention in a striking way to the true character of the forces against which Heney and you and your associates have been struggling. Every decent American who has the honor and interest of the country at heart should join not only in putting a stop to the cause of violent crime of which this man’s act is but one of the symptoms, but also in stamping out the hideous corruption in which men like this would-be assassin are bred and flourish, and that can only be done by warring as Heney has warred relentlessly against every man who is guilty of corrupt practices without any regard to his social standing and his prominence in the world of politics or the world of business. I earnestly hope that Heney will recover, and I give utterance to what I know would be Heney’s wish when I say that I earnestly hope that whether he recovers or not there be no faltering in the work in which Heney has been so gallant and efficient a leader.
“9:10 A. M.
“THEODORE ROOSEVELT.”
President Roosevelt telegraphed Mrs. Heney as follows:
“White House, Nov. 14, 1908.“Mrs. Francis J. Heney:—Am inexpressibly shocked at news of the attempted assassination of Mr. Heney and am greatly relieved at the news this morning that he is doing well and will probably recover. I hope you will accept my deepest sympathy. Like all good American citizens, I hold your husband in peculiar regard for the absolutely fearless way in which he has attacked and exposed corruption without any regard to the political or social prominence of the offenders or to the dangerous character of the work. Your husband has taken his life in his hands in doing this great task for our people and is entitled to the credit and esteem, and above all, to the heartiest support of all good citizens. The infamous character of the man who has assassinated him should add not only to the horror and detestation felt for the deed, but also to the determination of all decent citizens to stamp out the power of all men of his kind.“THEODORE ROOSEVELT.”
“White House, Nov. 14, 1908.
“Mrs. Francis J. Heney:—Am inexpressibly shocked at news of the attempted assassination of Mr. Heney and am greatly relieved at the news this morning that he is doing well and will probably recover. I hope you will accept my deepest sympathy. Like all good American citizens, I hold your husband in peculiar regard for the absolutely fearless way in which he has attacked and exposed corruption without any regard to the political or social prominence of the offenders or to the dangerous character of the work. Your husband has taken his life in his hands in doing this great task for our people and is entitled to the credit and esteem, and above all, to the heartiest support of all good citizens. The infamous character of the man who has assassinated him should add not only to the horror and detestation felt for the deed, but also to the determination of all decent citizens to stamp out the power of all men of his kind.
“THEODORE ROOSEVELT.”
[420]Grace Episcopal Church is attended by many of the most prominent citizens of San Francisco. At the time of the shooting of Heney, several prominent Episcopalians were under indictment. In spite of the intense feeling in his congregation, against the prosecution, Rev. Mr. Evans continued to give the work of the District Attorney’s office his approval. An era of petty persecutions for Mr. Evans followed. He was finally brought to resign his pastorate and accept a less important charge at Palo Alto.In this connection it is interesting to note that in spite of powerful opposition to the prosecution of prominent Episcopalian laymen, the Convocation of the Church held at San Francisco in August, 1907, adopted the following resolutions unanimously:“Whereas, Our government is imperiled by the criminal use of wealth to influence legislation; and“Whereas, Existing conditions in San Francisco present a moral issue; therefore be it“Resolved, That, in the judgment of this convocation, bribery is always a crime deserving punishment, and, furthermore, that duty commands every Christian man to exert himself to foster a public recognition of the quality of the crime.”
Grace Episcopal Church is attended by many of the most prominent citizens of San Francisco. At the time of the shooting of Heney, several prominent Episcopalians were under indictment. In spite of the intense feeling in his congregation, against the prosecution, Rev. Mr. Evans continued to give the work of the District Attorney’s office his approval. An era of petty persecutions for Mr. Evans followed. He was finally brought to resign his pastorate and accept a less important charge at Palo Alto.
In this connection it is interesting to note that in spite of powerful opposition to the prosecution of prominent Episcopalian laymen, the Convocation of the Church held at San Francisco in August, 1907, adopted the following resolutions unanimously:
“Whereas, Our government is imperiled by the criminal use of wealth to influence legislation; and
“Whereas, Existing conditions in San Francisco present a moral issue; therefore be it
“Resolved, That, in the judgment of this convocation, bribery is always a crime deserving punishment, and, furthermore, that duty commands every Christian man to exert himself to foster a public recognition of the quality of the crime.”
[421]Judge Lawlor’s statement to the jury was as follows: “Gentlemen of the Jury: I have a few words to say to you before this trial is resumed at this time. Since you have been sworn as jurors the Court has on many occasions, with elaborateness and repetition, sought to convey to your minds an understanding of your duties as jurors in this case. It has been pointed out to you that to the charge which is on trial here, the defendant, Abraham Ruef, has interposed a plea of not guilty. That charge, considered in connection with that plea, puts in issue, for the determination of this Court and jury, the allegations of that charge. You have been sworn as jurors to pass upon the facts in the case and to apply those facts, when resolved from the evidence, to the rules of law which the Court shall finally state to you to govern you in the rendition of your verdict. These many admonitions, as it has also been pointed out to you from time to time, are founded upon a provision of the law which makes it the duty of the Court to administer those admonitions.“The purpose of the law requiring those admonitions to be given is that when a jury is sworn to try an action it shall divest itself of all matters which theretofore might have found lodgment in the minds of the members and to proceed to render a verdict solely upon the matters which shall be brought to the attention of the jury in the due course of judicial proceedings. These constant reminders of that duty are calculated to keep the sense of jurors alive to a full compliance therewith.“I doubt if anything I could say at this time would tend to amplify what has already been declared from time to time in that behalf, but in view of a transaction that occurred in the courtroom on the afternoon of Friday, November 13, 1908, the Court deems it proper to re-emphasize with all the power that it may command the duty of the jury to proceed to the further discharge of its duty at this time in utter disregard of that transaction. The Court realizes that the jurors may have heard or seen a part of that transaction, or that phases of that transaction may have been communicated to the jury. Now, without regard to what extent that assumption may be justified, the Court desires the jurors to in every manner relieve their minds of any impression or anything that they have heard, or anything that has been said, or anything that has been communicated, or that shall hereafter he communicated concerning that transaction; in other words, we are to resume this trial at this time at precisely the point that had been reached when the recess, during which the transaction occurred, was declared.“I may state to you generally, that on that occasion Mr. Francis J. Heney, the Assistant District Attorney, was shot by a man bearing the name of Morris Haas; that Mr. Heney was wounded as a result of that assault. Happily the injury was not a serious one, and at this time there is every indication that Mr. Heney will recover from that injury.“Now, that transaction, so far as this Court and the jury, the defendant at the bar, the People of the State of California, the counsel and all other interests interested or involved in this trial are concerned, is to stand as though it had not occurred; no person is to be charged with any responsibility for that transaction; this is not the place for the consideration of that transaction.“It may be stated also to you that the assailant afterward took his own life while he was confined in the County Jail upon his arrest in connection with that transaction.“And neither matter, I repeat, should find any place in your minds. It should not in any manner form anything in the nature of bias or prejudice concerning anyone.“This Court would despair of having the law administered upon the charge at bar if the jurors did not in every manner comply with the admonition of the Court to exclude that transaction entirely from their minds.”
Judge Lawlor’s statement to the jury was as follows: “Gentlemen of the Jury: I have a few words to say to you before this trial is resumed at this time. Since you have been sworn as jurors the Court has on many occasions, with elaborateness and repetition, sought to convey to your minds an understanding of your duties as jurors in this case. It has been pointed out to you that to the charge which is on trial here, the defendant, Abraham Ruef, has interposed a plea of not guilty. That charge, considered in connection with that plea, puts in issue, for the determination of this Court and jury, the allegations of that charge. You have been sworn as jurors to pass upon the facts in the case and to apply those facts, when resolved from the evidence, to the rules of law which the Court shall finally state to you to govern you in the rendition of your verdict. These many admonitions, as it has also been pointed out to you from time to time, are founded upon a provision of the law which makes it the duty of the Court to administer those admonitions.
“The purpose of the law requiring those admonitions to be given is that when a jury is sworn to try an action it shall divest itself of all matters which theretofore might have found lodgment in the minds of the members and to proceed to render a verdict solely upon the matters which shall be brought to the attention of the jury in the due course of judicial proceedings. These constant reminders of that duty are calculated to keep the sense of jurors alive to a full compliance therewith.
“I doubt if anything I could say at this time would tend to amplify what has already been declared from time to time in that behalf, but in view of a transaction that occurred in the courtroom on the afternoon of Friday, November 13, 1908, the Court deems it proper to re-emphasize with all the power that it may command the duty of the jury to proceed to the further discharge of its duty at this time in utter disregard of that transaction. The Court realizes that the jurors may have heard or seen a part of that transaction, or that phases of that transaction may have been communicated to the jury. Now, without regard to what extent that assumption may be justified, the Court desires the jurors to in every manner relieve their minds of any impression or anything that they have heard, or anything that has been said, or anything that has been communicated, or that shall hereafter he communicated concerning that transaction; in other words, we are to resume this trial at this time at precisely the point that had been reached when the recess, during which the transaction occurred, was declared.
“I may state to you generally, that on that occasion Mr. Francis J. Heney, the Assistant District Attorney, was shot by a man bearing the name of Morris Haas; that Mr. Heney was wounded as a result of that assault. Happily the injury was not a serious one, and at this time there is every indication that Mr. Heney will recover from that injury.
“Now, that transaction, so far as this Court and the jury, the defendant at the bar, the People of the State of California, the counsel and all other interests interested or involved in this trial are concerned, is to stand as though it had not occurred; no person is to be charged with any responsibility for that transaction; this is not the place for the consideration of that transaction.
“It may be stated also to you that the assailant afterward took his own life while he was confined in the County Jail upon his arrest in connection with that transaction.
“And neither matter, I repeat, should find any place in your minds. It should not in any manner form anything in the nature of bias or prejudice concerning anyone.
“This Court would despair of having the law administered upon the charge at bar if the jurors did not in every manner comply with the admonition of the Court to exclude that transaction entirely from their minds.”
[422]Lathem testified before the Grand Jury that about the time the bribe money had been passed he had driven Ruef to the Hirsch Bros. store, where Ruef had obtained a shirt box. He had then driven Ruef to the offices of the United Railroads. Ruef had entered the offices with the box. He had come out later with the box and a package. With box and package he had gone to his own office, and from there, taking the box and package with him, he had been driven to the safe deposit vaults of the Western National Bank.Lathem did not testify before the Grand Jury until after Ruef had confessed, and then Lathem testified with Ruef’s consent. It is a significant fact that Lathem was sent out of the State the first time not in the interest of Ruef but of Tirey L. Ford, head of the United Railroads law department. Lathem went to Colorado on an automobile trip with the father-in-law of Luther Brown, one of the United Railroad detectives. Lathem’s wife was permitted to accompany them in the automobile. They stopped at the best hotels. Lathem was paid $150 a month.The importance of Lathem’s testimony lies in the fact that at the time he took Ruef with the shirt-box to Ford’s office, Ford had just received from the Relief corporation officials $50,000 in small currency, which made two large bundles, which were carried to Ford’s office by Abbott and himself and placed in Ford’s desk. This was at the noon hour. A little after one o’clock Ruef went to the Western Pacific Safety Deposit vaults where he then had a deposit box. The cubic contents of this box was not sufficient to accommodate those two bundles. Ruef at that time secured two additional boxes. The cubic contents of all three boxes together was just sufficient to nicely accommodate said two bundles.The theory of the prosecution was that Ruef carried bribe money in box and package.At the trial, Lathem stated that the story which he had told before the Grand Jury was not true.
Lathem testified before the Grand Jury that about the time the bribe money had been passed he had driven Ruef to the Hirsch Bros. store, where Ruef had obtained a shirt box. He had then driven Ruef to the offices of the United Railroads. Ruef had entered the offices with the box. He had come out later with the box and a package. With box and package he had gone to his own office, and from there, taking the box and package with him, he had been driven to the safe deposit vaults of the Western National Bank.
Lathem did not testify before the Grand Jury until after Ruef had confessed, and then Lathem testified with Ruef’s consent. It is a significant fact that Lathem was sent out of the State the first time not in the interest of Ruef but of Tirey L. Ford, head of the United Railroads law department. Lathem went to Colorado on an automobile trip with the father-in-law of Luther Brown, one of the United Railroad detectives. Lathem’s wife was permitted to accompany them in the automobile. They stopped at the best hotels. Lathem was paid $150 a month.
The importance of Lathem’s testimony lies in the fact that at the time he took Ruef with the shirt-box to Ford’s office, Ford had just received from the Relief corporation officials $50,000 in small currency, which made two large bundles, which were carried to Ford’s office by Abbott and himself and placed in Ford’s desk. This was at the noon hour. A little after one o’clock Ruef went to the Western Pacific Safety Deposit vaults where he then had a deposit box. The cubic contents of this box was not sufficient to accommodate those two bundles. Ruef at that time secured two additional boxes. The cubic contents of all three boxes together was just sufficient to nicely accommodate said two bundles.
The theory of the prosecution was that Ruef carried bribe money in box and package.
At the trial, Lathem stated that the story which he had told before the Grand Jury was not true.
[423]From January 12, 1909, to June 20, 1909.
From January 12, 1909, to June 20, 1909.
[424]Earl Rogers showed himself particularly clever at goading. His ability in this line was shown toadvantagealso, at the trial of Clarence Darrow, charged with jury fixing at Los Angeles, whom Rogers defended. The Fresno Republican in comparing the two cases said, in its issue of July 12, 1912: “When Heney tilted, as prosecutor against Earl Rogers as an apologist for crime, he was the ‘wild man of Borneo,’ to the more staid and polished members of the San Francisco bar. But now that Fredericks and Ford, prosecutors of Los Angeles, lost their tempers under the goadings of this same Rogers in the Darrow case, nothing is said about the wild man of Borneo. Fredericks and Ford, unlike Heney, are recognized as the socially elect of the profession, but Heney in the wildest excitement of the Calhoun trials, never tried to throw an ink bottle at Rogers, as Ford tried to do the other day. Plainly, as a matter of social etiquette, it depends upon whose ox Rogers gores.”
Earl Rogers showed himself particularly clever at goading. His ability in this line was shown toadvantagealso, at the trial of Clarence Darrow, charged with jury fixing at Los Angeles, whom Rogers defended. The Fresno Republican in comparing the two cases said, in its issue of July 12, 1912: “When Heney tilted, as prosecutor against Earl Rogers as an apologist for crime, he was the ‘wild man of Borneo,’ to the more staid and polished members of the San Francisco bar. But now that Fredericks and Ford, prosecutors of Los Angeles, lost their tempers under the goadings of this same Rogers in the Darrow case, nothing is said about the wild man of Borneo. Fredericks and Ford, unlike Heney, are recognized as the socially elect of the profession, but Heney in the wildest excitement of the Calhoun trials, never tried to throw an ink bottle at Rogers, as Ford tried to do the other day. Plainly, as a matter of social etiquette, it depends upon whose ox Rogers gores.”
[425]See footnote269.
See footnote269.
[426]The Chronicle, as early as July 10, 1907, punctured the theory that the bribing of public servants is justifiable.The Chronicle said: “In the examination of a talesman in Judge Lawlor’s court on Monday an attorney for the defendant charged with the crime of bribing city officials made the statement that San Francisco is divided on the subject of punishing men who have committed the offense named. He said: ‘You know, of course, that San Francisco is divided on this graft question. Half in favor of the prosecution, and, say, half contrary minded.’ Possibly he believes that this is true, but there is absolutely no foundation for the assumption. There is no evidence on which to base such a statement, and it would not have been made if there was any possibility of determining its truth or falsity by some simple test.“It is doubtless true that there are plenty of men in this community who regard the crime of bribery lightly, and are ready to defend it on the ground that laxity in the conduct of municipal affairs made it necessary to resort to it or abandon all enterprise. But the great majority of citizens take the sound view that both briber and bribed are equally guilty and equally deserving of punishment, and utterly refuse to accept the excuse that the corporations which have been systematically debauching city officials were forced to that course. They know that the eager desire to secure advantages is at the bottom of the corrupt condition of our municipal affairs, and they feel that unless examples can be made of those who have shown a willingness to profit by the greed and turpitude of those elected to office the practice of bribing will be again resumed and continued as long as there is anything to be gained by the pursuit of criminal methods.“Even if it were true that the community is evenly divided it would be outrageous to plead that fact as a justification for the commission of criminal acts. If San Francisco should be so lost to shame that nine-tenths of her population regarded bribery with tolerance, it would be no less a crime, but there would be infinitely more reason for striving to punish offenders of that character to save the city from the moral degradation involved in the acceptance of the idea that it is excusable to defy the laws by debauching public officials.”At the time of Calhoun’s trial, however, The Chronicle read talesmen who sided with the defense no such lecture.
The Chronicle, as early as July 10, 1907, punctured the theory that the bribing of public servants is justifiable.
The Chronicle said: “In the examination of a talesman in Judge Lawlor’s court on Monday an attorney for the defendant charged with the crime of bribing city officials made the statement that San Francisco is divided on the subject of punishing men who have committed the offense named. He said: ‘You know, of course, that San Francisco is divided on this graft question. Half in favor of the prosecution, and, say, half contrary minded.’ Possibly he believes that this is true, but there is absolutely no foundation for the assumption. There is no evidence on which to base such a statement, and it would not have been made if there was any possibility of determining its truth or falsity by some simple test.
“It is doubtless true that there are plenty of men in this community who regard the crime of bribery lightly, and are ready to defend it on the ground that laxity in the conduct of municipal affairs made it necessary to resort to it or abandon all enterprise. But the great majority of citizens take the sound view that both briber and bribed are equally guilty and equally deserving of punishment, and utterly refuse to accept the excuse that the corporations which have been systematically debauching city officials were forced to that course. They know that the eager desire to secure advantages is at the bottom of the corrupt condition of our municipal affairs, and they feel that unless examples can be made of those who have shown a willingness to profit by the greed and turpitude of those elected to office the practice of bribing will be again resumed and continued as long as there is anything to be gained by the pursuit of criminal methods.
“Even if it were true that the community is evenly divided it would be outrageous to plead that fact as a justification for the commission of criminal acts. If San Francisco should be so lost to shame that nine-tenths of her population regarded bribery with tolerance, it would be no less a crime, but there would be infinitely more reason for striving to punish offenders of that character to save the city from the moral degradation involved in the acceptance of the idea that it is excusable to defy the laws by debauching public officials.”
At the time of Calhoun’s trial, however, The Chronicle read talesmen who sided with the defense no such lecture.
[427]See Chapter XV, “The Ford Trials.”
See Chapter XV, “The Ford Trials.”
[428]The trolley-permit was granted May 21, 1906.
The trolley-permit was granted May 21, 1906.
[429]The letter placing $200,000 to Calhoun’s credit read as follows:“Treasury Department, Washington, May 22, 1906. Superintendent of the United States Mint, San Francisco, Cal. Sir: Confirmation is certified to a telegram sent you this day, in substance as follows:“‘Pay to Patrick Calhoun, President United Railroads, $200,000; to Lachman and Jacobi, $12,500; to Beech Thompson, $20,000; to Canadian Bank of Commerce, $250,000; on account of original certificates of deposit Nos. 5251, 5252, 5253 and 5267, issued by the Assistant Treasurer of the United States, New York city. In all amounting to $482,500.“‘Pay to master California Lodge. Number 1. A. F. and A. M., $319.65 on account of original certificate of deposit No. 112, issued by the Assistant Treasurer of the United States, Chicago.’ Respectfully,“CHARLES H. TREAT,“Treasurer of the United States.”
The letter placing $200,000 to Calhoun’s credit read as follows:
“Treasury Department, Washington, May 22, 1906. Superintendent of the United States Mint, San Francisco, Cal. Sir: Confirmation is certified to a telegram sent you this day, in substance as follows:
“‘Pay to Patrick Calhoun, President United Railroads, $200,000; to Lachman and Jacobi, $12,500; to Beech Thompson, $20,000; to Canadian Bank of Commerce, $250,000; on account of original certificates of deposit Nos. 5251, 5252, 5253 and 5267, issued by the Assistant Treasurer of the United States, New York city. In all amounting to $482,500.
“‘Pay to master California Lodge. Number 1. A. F. and A. M., $319.65 on account of original certificate of deposit No. 112, issued by the Assistant Treasurer of the United States, Chicago.’ Respectfully,
“CHARLES H. TREAT,“Treasurer of the United States.”
[430]The telegrams directing the money to be paid Ford read:“Cleveland, Ohio, July 28, 06. Hon. Frank A. Leach, Superintendent U. S. Mint, San Francisco. Please pay to Tirey L. Ford, or order, fifty thousand dollars and charge same to my account. Patrick Calhoun, President United Railroads of San Francisco.”
The telegrams directing the money to be paid Ford read:
“Cleveland, Ohio, July 28, 06. Hon. Frank A. Leach, Superintendent U. S. Mint, San Francisco. Please pay to Tirey L. Ford, or order, fifty thousand dollars and charge same to my account. Patrick Calhoun, President United Railroads of San Francisco.”
[431]Calhoun’s order placing the $100,000 to Ford’s credit read as follows:“Cleveland, Ohio, August 21, 06. Hon. Frank A. Leach, Superintendent United States Mint, San Francisco. Please pay to General Tirey L. Ford, or order, one hundred thousand dollars, and charge the same to my account. Patrick Calhoun, President United Railroads, San Francisco.”
Calhoun’s order placing the $100,000 to Ford’s credit read as follows:
“Cleveland, Ohio, August 21, 06. Hon. Frank A. Leach, Superintendent United States Mint, San Francisco. Please pay to General Tirey L. Ford, or order, one hundred thousand dollars, and charge the same to my account. Patrick Calhoun, President United Railroads, San Francisco.”
[432]Calhoun’s final receipt for the $200,000 was as follows:“Received from Frank A. Leach, Superintendent U. S. Mint, two hundred thousand dollars ($200,000) on c/d No. 5251, with Asst. Treasurer U. S., New York.PATRICK CALHOUN,“President United Railroads.”
Calhoun’s final receipt for the $200,000 was as follows:
“Received from Frank A. Leach, Superintendent U. S. Mint, two hundred thousand dollars ($200,000) on c/d No. 5251, with Asst. Treasurer U. S., New York.
PATRICK CALHOUN,“President United Railroads.”
[433]“I want to protect those (the contributors) whom I promised to protect in this matter,” said Spreckels. “Outside of that, the matter is entirely an open matter; I have no concern in it.”—See Spreckels’s testimony, Transcript of evidence in the matter of The People vs. Patrick Calhoun, Page 3385.
“I want to protect those (the contributors) whom I promised to protect in this matter,” said Spreckels. “Outside of that, the matter is entirely an open matter; I have no concern in it.”—See Spreckels’s testimony, Transcript of evidence in the matter of The People vs. Patrick Calhoun, Page 3385.
[434]The statement in full of the expenditures of the Prosecution, as shown in the transcript of the Calhoun trial, will be found on page xxxiv of the Appendix.
The statement in full of the expenditures of the Prosecution, as shown in the transcript of the Calhoun trial, will be found on page xxxiv of the Appendix.
[435]The charge of private prosecution was raised early. The Chronicle of May 14, 1907, printed as part of Ford’s statement why he did not testify before the Grand Jury, the following:“The private interests that are behind this attack upon the officers of the United Railroads have free access to this juryroom through their chosen counsel who has assumed to exercise all the official authority of the District Attorney of this city and who, by reason of the exercise of such authority, has become the legal counsellor and guide of this Grand Jury.“The officers of the United Railroads are not unmindful of the tremendous power for harm that lies in this unusual and extraordinary situation.“They, therefore, protest against the consideration by this Grand Jury of any evidence whose legality and sufficiency cannot be judicially determined from a full, complete and correct transcript thereof.“Second—The subpoena by which my attendance here was compelled was not only insufficient in both form and substance, but was served by a privately employed detective who is not a citizen of California and who is employed and paid by private interests notoriously hostile to the United Railroads.“Third—There is here present a person not permitted by the laws of this State to be present, namely, an attorney nominally representing the office of the District Attorney, while, in fact, representing private interests in no manner connected officially with any of the governmental affairs of this city and State.“Fourth—I am the general counsel and legal adviser of the United Railroads and its officers, and whatever knowledge I possess of any of the affairs of the United Railroads or of its officers, has come to me in professional confidence and, under the law of this State, every attorney is compelled to keep inviolate, and at every peril to himself, preserve the secrets of his clients.“Fifth—Under the statement of the representative of the District Attorney’s office in attendance before this Grand Jury, I feel it my duty to stand with the officers of the United Railroads upon my constitutional rights, and the District Attorney knows that he cannot in these proceedings compel me to testify, and he also knows that no unfavorable inference is permitted to be drawn from our declination in this regard.”
The charge of private prosecution was raised early. The Chronicle of May 14, 1907, printed as part of Ford’s statement why he did not testify before the Grand Jury, the following:
“The private interests that are behind this attack upon the officers of the United Railroads have free access to this juryroom through their chosen counsel who has assumed to exercise all the official authority of the District Attorney of this city and who, by reason of the exercise of such authority, has become the legal counsellor and guide of this Grand Jury.
“The officers of the United Railroads are not unmindful of the tremendous power for harm that lies in this unusual and extraordinary situation.
“They, therefore, protest against the consideration by this Grand Jury of any evidence whose legality and sufficiency cannot be judicially determined from a full, complete and correct transcript thereof.
“Second—The subpoena by which my attendance here was compelled was not only insufficient in both form and substance, but was served by a privately employed detective who is not a citizen of California and who is employed and paid by private interests notoriously hostile to the United Railroads.
“Third—There is here present a person not permitted by the laws of this State to be present, namely, an attorney nominally representing the office of the District Attorney, while, in fact, representing private interests in no manner connected officially with any of the governmental affairs of this city and State.
“Fourth—I am the general counsel and legal adviser of the United Railroads and its officers, and whatever knowledge I possess of any of the affairs of the United Railroads or of its officers, has come to me in professional confidence and, under the law of this State, every attorney is compelled to keep inviolate, and at every peril to himself, preserve the secrets of his clients.
“Fifth—Under the statement of the representative of the District Attorney’s office in attendance before this Grand Jury, I feel it my duty to stand with the officers of the United Railroads upon my constitutional rights, and the District Attorney knows that he cannot in these proceedings compel me to testify, and he also knows that no unfavorable inference is permitted to be drawn from our declination in this regard.”
[436]One of the most complete answers to the charges scattered nation-wide by the Graft Defense, came from Dean John H. Wigmore of the Northwestern School of Law at Chicago, author of Wigmore on Evidence, (See footnote283.)
One of the most complete answers to the charges scattered nation-wide by the Graft Defense, came from Dean John H. Wigmore of the Northwestern School of Law at Chicago, author of Wigmore on Evidence, (See footnote283.)
[437]See transcript of testimony, The People vs. Patrick Calhoun, No. 1436, page 3723.
See transcript of testimony, The People vs. Patrick Calhoun, No. 1436, page 3723.
[438]Mr. Spreckels finally testified on this point as follows:“Mr. Heney. Q. At the time that Mr. Phelan agreed to contribute the $10,000, Mr. Spreckels, what did you say, if anything, about contributing yourself? A. That was in the first meeting. I think, Mr. Heney, and I told him that I was ready and willing to contribute a similar amount; that I believed it would be possible to get others to join and contribute.“Q. At that time was anything said by any person about prosecuting Mr. Calhoun? A. Absolutely no.“Q. Or any person connected with the United Railroads Company? A. The discussion was entirely confined to the administration, the corrupt administration as we termed it.“Q. At that time did you have any purpose or intention of prosecuting Mr. Calhoun? A. I had not.“Q. Did you have any reason to believe that Mr. Calhoun at that time had committed any crime? A. I had no indication of such a crime.“Mr. Moore. Was that time fixed, Mr. Heney?“Mr. Heney. Yes, it was fixed; the first conversation, and he has fixed it as nearly as he could.“The Court. Have you in mind the testimony on that point, Mr. Moore? There was some reference to it in an earlier part of the examination.“Mr. Heney. Q. When you had the talk with Mr. Heney in April, 1906, did you say anything about prosecuting Mr. Calhoun, or anybody connected with the United Railroads? A. I did not.“Q. Did you at any time tell Mr. Heney, that you desired to have him prosecute Mr. Patrick Calhoun? A. I did not, at any time.“Q. Did you tell him at any time that you desired to have him prosecute any person connected with the United Railroads Company? A. I did not.”
Mr. Spreckels finally testified on this point as follows:
“Mr. Heney. Q. At the time that Mr. Phelan agreed to contribute the $10,000, Mr. Spreckels, what did you say, if anything, about contributing yourself? A. That was in the first meeting. I think, Mr. Heney, and I told him that I was ready and willing to contribute a similar amount; that I believed it would be possible to get others to join and contribute.
“Q. At that time was anything said by any person about prosecuting Mr. Calhoun? A. Absolutely no.
“Q. Or any person connected with the United Railroads Company? A. The discussion was entirely confined to the administration, the corrupt administration as we termed it.
“Q. At that time did you have any purpose or intention of prosecuting Mr. Calhoun? A. I had not.
“Q. Did you have any reason to believe that Mr. Calhoun at that time had committed any crime? A. I had no indication of such a crime.
“Mr. Moore. Was that time fixed, Mr. Heney?
“Mr. Heney. Yes, it was fixed; the first conversation, and he has fixed it as nearly as he could.
“The Court. Have you in mind the testimony on that point, Mr. Moore? There was some reference to it in an earlier part of the examination.
“Mr. Heney. Q. When you had the talk with Mr. Heney in April, 1906, did you say anything about prosecuting Mr. Calhoun, or anybody connected with the United Railroads? A. I did not.
“Q. Did you at any time tell Mr. Heney, that you desired to have him prosecute Mr. Patrick Calhoun? A. I did not, at any time.
“Q. Did you tell him at any time that you desired to have him prosecute any person connected with the United Railroads Company? A. I did not.”
[439]The Chronicle in its issue of March 19, 1907, the day after the story of corruption of Supervisors was made public, refers to the denials of United Railroads officials as follows:“Weeks ago, when the first charges of a corruption fund was published, Patrick Calhoun issued from his New York offices a typewritten statement, equivalent to about three-fourths of a Chronicle column, in which he announced:“‘I have just seen the San Francisco papers, in which vague charges are made that the United Railroads of San Francisco paid or caused to be paid $700,000 for a permit to use electricity on the roads that it formerly operated with cable. There is no foundation for this rumor. The United Railroads of San Francisco never paid or authorized any one to pay on its behalf a single dollar to the Mayor, Supervisors or any public official of the city of San Francisco or the State of California.’“Late last night the following additional denial was issued from the office of the United Railroads:“’I am authorized to state in the most positive way that neither Mr. Calhoun nor any officer of the United Railroads ever paid or authorized anyone to pay one dollar to any official.‘THORNWELL MULLALLY,‘Assistant to the President United Railroads.’”
The Chronicle in its issue of March 19, 1907, the day after the story of corruption of Supervisors was made public, refers to the denials of United Railroads officials as follows:
“Weeks ago, when the first charges of a corruption fund was published, Patrick Calhoun issued from his New York offices a typewritten statement, equivalent to about three-fourths of a Chronicle column, in which he announced:
“‘I have just seen the San Francisco papers, in which vague charges are made that the United Railroads of San Francisco paid or caused to be paid $700,000 for a permit to use electricity on the roads that it formerly operated with cable. There is no foundation for this rumor. The United Railroads of San Francisco never paid or authorized any one to pay on its behalf a single dollar to the Mayor, Supervisors or any public official of the city of San Francisco or the State of California.’
“Late last night the following additional denial was issued from the office of the United Railroads:
“’I am authorized to state in the most positive way that neither Mr. Calhoun nor any officer of the United Railroads ever paid or authorized anyone to pay one dollar to any official.
‘THORNWELL MULLALLY,‘Assistant to the President United Railroads.’”
[440]The following statement was published over the name of Otto T. Hildebrecht, one of the two jurors who had voted to convict:“As soon as we entered the jury room, I overheard a crowd of the jurors in the rear of the hall shouting ‘Acquit! Acquit!’ We then proceeded to name a foreman. This matter disposed of, the members began balloting.“In the first half hour three ballots were cast. On the first vote it stood 8 to 4 for acquittal. On the second ballot Maguire succumbed to the pressure. I called upon him for his reasons for changing his vote and he replied: ‘Oh, these corrupt conditions have always prevailed in San Francisco. The Supervisors in this case are no different from the other men, who have filled those offices. It will always be like that.’ To combat this attitude on Maguire’s part, I stated, ‘Well, it is time to stamp out the crimes in this, city. In order that the evil may be corrected we must put a stop to it.’ This seemed to have no weight with Maguire.“The next ballot showed that Anthes had gone over to the others. From him I secured this information: ‘Oh, why I always vote with the majority.’ I said, ‘Why, how can an honest man take that view of the matter?’ I have taken an oath and at that time announced that I would try this case solely on the evidence.“It is plainly pointed out in the testimony of Sanderson that Calhoun was present when Ruef said, ‘This thing will go through on Monday. It is all settled.’ This produced no impression upon the others, although I argued that such testimony alone proved Calhoun’s guilty knowledge of the plan to put the deal through when he remarked in answer to Sanderson’s query, ‘Then you won’t need me?’ ‘I don’t think we do.’“I then asked the other jurors to come into court, they contending that Ruef had carried on the conversation with Sanderson and that Calhoun was an innocent witness. We asked to have this testimony revealed and the jurors filed into court. Upon returning to the jury room we renewed our deliberations.“The other ten jurors came at Binner and myself and sought to induce me to stretch my imagination to the end that Calhoun had paid the money to Ruef, but only as a fee. They acknowledged right there that Calhoun had paid over the money but they argued that he didn’t know that the money was going to be used as a bribe to the Supervisors,—only as a fee to Ruef. After that I knew that these men had purposely taken the wrong view of the whole matter. I had called them to account for the remarks that the testimony throughout the case was all purchased and that Heney had held the whip over the Supervisors. Thereupon they backed down on that stand and made their whole plea on the ground that Calhoun had given the trolley money to Ruef as a fee.“I disagreed on the ground that Heney, Spreckels and the other members of the prosecution were not on trial as they insisted, and that the other matters, such as the theft of reports and suppression of testimony, had only been touched upon during the trial to prove that Calhoun knew that the bribery deal had been carried through.“‘Can’t you give Calhoun the benefit of the doubt, that he paid this money as a fee?’ was the burden of the others’ argument. ‘I would be willing to extend him every chance,’ I replied, ‘but why has he not introduced these vouchers of the United Railroads in court, then we might see what was paid to bribe the juries in the Ford trials.’ After this they dropped me like a red-hot stove. I seemed to have struck home. It was a terrifying ordeal to stand off these ten men for twelve hours, but I held firmly to my course and voted throughout upon my conscience. I should have been ashamed to have lifted my head in the future had I fallen down and voted for an acquittal. When the deputy, Mr. Coyle, called to convey the word to Judge Lawlor as to the clearness of an agreement being reached, I met him at the door that night. ‘We shall never reach an agreement,’ I replied, ‘unless these men come over to my side. That I fear shall never come to pass.’ The claim has been made in the Globe that I asked for a secret ballot. That is an untruth, as is the statement that I am a Socialist. Not that I am opposed to Socialism, but I have never been inclined to their views. Our political outlooks differ. When I told Coyle that there was no chance of a verdict being reached, the other jurors, one of those standing alongside of me, punched me in the ribs in an effort to make me shut up, as they figured that they ought to be able to convince me. I have received letters from all over the State; friends and acquaintances, even utter strangers, congratulating me upon my stand in the Calhoun case and my vote for conviction.”
The following statement was published over the name of Otto T. Hildebrecht, one of the two jurors who had voted to convict:
“As soon as we entered the jury room, I overheard a crowd of the jurors in the rear of the hall shouting ‘Acquit! Acquit!’ We then proceeded to name a foreman. This matter disposed of, the members began balloting.
“In the first half hour three ballots were cast. On the first vote it stood 8 to 4 for acquittal. On the second ballot Maguire succumbed to the pressure. I called upon him for his reasons for changing his vote and he replied: ‘Oh, these corrupt conditions have always prevailed in San Francisco. The Supervisors in this case are no different from the other men, who have filled those offices. It will always be like that.’ To combat this attitude on Maguire’s part, I stated, ‘Well, it is time to stamp out the crimes in this, city. In order that the evil may be corrected we must put a stop to it.’ This seemed to have no weight with Maguire.
“The next ballot showed that Anthes had gone over to the others. From him I secured this information: ‘Oh, why I always vote with the majority.’ I said, ‘Why, how can an honest man take that view of the matter?’ I have taken an oath and at that time announced that I would try this case solely on the evidence.
“It is plainly pointed out in the testimony of Sanderson that Calhoun was present when Ruef said, ‘This thing will go through on Monday. It is all settled.’ This produced no impression upon the others, although I argued that such testimony alone proved Calhoun’s guilty knowledge of the plan to put the deal through when he remarked in answer to Sanderson’s query, ‘Then you won’t need me?’ ‘I don’t think we do.’
“I then asked the other jurors to come into court, they contending that Ruef had carried on the conversation with Sanderson and that Calhoun was an innocent witness. We asked to have this testimony revealed and the jurors filed into court. Upon returning to the jury room we renewed our deliberations.
“The other ten jurors came at Binner and myself and sought to induce me to stretch my imagination to the end that Calhoun had paid the money to Ruef, but only as a fee. They acknowledged right there that Calhoun had paid over the money but they argued that he didn’t know that the money was going to be used as a bribe to the Supervisors,—only as a fee to Ruef. After that I knew that these men had purposely taken the wrong view of the whole matter. I had called them to account for the remarks that the testimony throughout the case was all purchased and that Heney had held the whip over the Supervisors. Thereupon they backed down on that stand and made their whole plea on the ground that Calhoun had given the trolley money to Ruef as a fee.
“I disagreed on the ground that Heney, Spreckels and the other members of the prosecution were not on trial as they insisted, and that the other matters, such as the theft of reports and suppression of testimony, had only been touched upon during the trial to prove that Calhoun knew that the bribery deal had been carried through.
“‘Can’t you give Calhoun the benefit of the doubt, that he paid this money as a fee?’ was the burden of the others’ argument. ‘I would be willing to extend him every chance,’ I replied, ‘but why has he not introduced these vouchers of the United Railroads in court, then we might see what was paid to bribe the juries in the Ford trials.’ After this they dropped me like a red-hot stove. I seemed to have struck home. It was a terrifying ordeal to stand off these ten men for twelve hours, but I held firmly to my course and voted throughout upon my conscience. I should have been ashamed to have lifted my head in the future had I fallen down and voted for an acquittal. When the deputy, Mr. Coyle, called to convey the word to Judge Lawlor as to the clearness of an agreement being reached, I met him at the door that night. ‘We shall never reach an agreement,’ I replied, ‘unless these men come over to my side. That I fear shall never come to pass.’ The claim has been made in the Globe that I asked for a secret ballot. That is an untruth, as is the statement that I am a Socialist. Not that I am opposed to Socialism, but I have never been inclined to their views. Our political outlooks differ. When I told Coyle that there was no chance of a verdict being reached, the other jurors, one of those standing alongside of me, punched me in the ribs in an effort to make me shut up, as they figured that they ought to be able to convince me. I have received letters from all over the State; friends and acquaintances, even utter strangers, congratulating me upon my stand in the Calhoun case and my vote for conviction.”
[441]Calhoun, after the disagreement of the jury that tried him, issued a statement to the press in which he bitterly denounced those who were responsible for the prosecution, and hinted at retaliation. He continued to insist that Heney was a corrupt official: “There lies in the courtroom,” said Calhoun, “forty checks made by Mr. Rudolph Spreckels to Mr. Francis J. Heney since his alleged appointment as Assistant District Attorney. Those checks were deposited in the American National Bank to his private account. They aggregate $23,800. The first of them amounted to $4,900. They are the price of his infamy. He can not escape the fact that he is a corrupt public official by the contention that he has been engaged in a holy crusade. He can not defend the acceptance of money from a private citizen for the express purpose of enabling him to devote himself exclusively to the so-called Graft Prosecution without committing the crime of accepting a bribe. I here make the formal and specific charge that Francis J. Heney stands side by side with James L. Gallagher as a corrupt public official. I charge him with having accepted bribes and I also charge Rudolph Spreckels and James D. Phelan with having given him the bribes; and if we can get a fair District Attorney in the city of San Francisco I propose at the proper time and in the proper way to submit formal charges against Heney for having received bribes and Spreckels and Phelan for having paid them.”Of Calhoun’s threat of prosecution, The Call in its issue of June 22, 1909, said:“In that soiled and motley retinue of strikers and heelers, jury fixers and gaspipe men that the head of the United Railroads has gathered about him were many who made it a business to proclaim that when the indictments came to the test of fact in court the disposition of that $200,000 would be explained as a perfectly innocent matter in the simplest possible manner. How these promises have been fulfilled we know. The mystery of that $200,000 remains as dark as ever. Not even the stockholders of the company are invited into the confidence of its president. It is not now the question, Where did he get it? but What did he do with it?“As long as that question remains unanswered by or for Calhoun and as long as he refuses to undergo cross examination and the ordinary legal tests of proof, just so long will the whole American public believe him guilty of bribery. As for his threat of some sort of vague legal proceedings against the prosecutors, that will merely provoke a laugh, as men do laugh at a cheap and obvious bluff.”
Calhoun, after the disagreement of the jury that tried him, issued a statement to the press in which he bitterly denounced those who were responsible for the prosecution, and hinted at retaliation. He continued to insist that Heney was a corrupt official: “There lies in the courtroom,” said Calhoun, “forty checks made by Mr. Rudolph Spreckels to Mr. Francis J. Heney since his alleged appointment as Assistant District Attorney. Those checks were deposited in the American National Bank to his private account. They aggregate $23,800. The first of them amounted to $4,900. They are the price of his infamy. He can not escape the fact that he is a corrupt public official by the contention that he has been engaged in a holy crusade. He can not defend the acceptance of money from a private citizen for the express purpose of enabling him to devote himself exclusively to the so-called Graft Prosecution without committing the crime of accepting a bribe. I here make the formal and specific charge that Francis J. Heney stands side by side with James L. Gallagher as a corrupt public official. I charge him with having accepted bribes and I also charge Rudolph Spreckels and James D. Phelan with having given him the bribes; and if we can get a fair District Attorney in the city of San Francisco I propose at the proper time and in the proper way to submit formal charges against Heney for having received bribes and Spreckels and Phelan for having paid them.”
Of Calhoun’s threat of prosecution, The Call in its issue of June 22, 1909, said:
“In that soiled and motley retinue of strikers and heelers, jury fixers and gaspipe men that the head of the United Railroads has gathered about him were many who made it a business to proclaim that when the indictments came to the test of fact in court the disposition of that $200,000 would be explained as a perfectly innocent matter in the simplest possible manner. How these promises have been fulfilled we know. The mystery of that $200,000 remains as dark as ever. Not even the stockholders of the company are invited into the confidence of its president. It is not now the question, Where did he get it? but What did he do with it?
“As long as that question remains unanswered by or for Calhoun and as long as he refuses to undergo cross examination and the ordinary legal tests of proof, just so long will the whole American public believe him guilty of bribery. As for his threat of some sort of vague legal proceedings against the prosecutors, that will merely provoke a laugh, as men do laugh at a cheap and obvious bluff.”
[442]The free press, not only of California but of the entire nation, protested against such a course. “San Francisco,” said the Pittsburgh Times-Gazette, “owes it to the nation to continue her fight against the big grafters of that town. If she lets up now the grafters the country over will take heart, and the next time it becomes necessary to go after the tribe, it will be more difficult even than it has been in San Francisco to convict a briber.”
The free press, not only of California but of the entire nation, protested against such a course. “San Francisco,” said the Pittsburgh Times-Gazette, “owes it to the nation to continue her fight against the big grafters of that town. If she lets up now the grafters the country over will take heart, and the next time it becomes necessary to go after the tribe, it will be more difficult even than it has been in San Francisco to convict a briber.”
[443]See “Story of the California Legislature of 1909,” Chapters VIII, IX, X, XI.
See “Story of the California Legislature of 1909,” Chapters VIII, IX, X, XI.
[444]This reform was accomplished at the Legislative session of 1911. The undesirable provisions were also stricken by amendment from the Direct Primary law. See “Story of the California Legislature of 1911.”
This reform was accomplished at the Legislative session of 1911. The undesirable provisions were also stricken by amendment from the Direct Primary law. See “Story of the California Legislature of 1911.”
[445]“Before voting on this matter,” (the Direct Primary provisions) said Senator Stetson, an anti-machine leader in explaining his vote, “lest any one in the future may think that I have been passed something and didn’t know it, I wish to explain my vote, and wish to say that this permission accorded a candidate to go on record to support that candidate for United States Senate, who shall have the endorsement of the greatest number of districts, comes from nobody and goes to nobody. It means nothing—mere words—idle words. The only way in which a candidate could have been pledged would have been to provide a pledge or instructions to the Legislature. The words ‘shall be permitted’ mean nothing and get nowhere. I shall vote for this report, not because I want to, but because I have to if we are at this session to have any Direct Primary law at all.”Senator Stetson was referring particularly to the section which denied the people by state-wide vote the right to indicate their preference for United States Senator, but his words would have applied as directly and as truly to other sections of the measure.Other good government Senators did, as a matter of fact, denounce the very partisan clause which later contributed so largely to Heney’s defeat. Senators Campbell, Holohan and Miller, for example, while voting for the bill, sent to the clerk’s desk the following explanation of their vote:“We voted for the Direct Primary bill because it seems to be the best law that can be obtained under existing political conditions. We are opposed to many of the features of this bill, and believe that the people at the first opportunity will instruct their representatives in the Legislature to radically amend the same in many particulars, notably in regard to the election of United States Senators, and the provisions that prevent the endorsement of a candidate by a political party or organization other than the one that first nominated such candidate.”
“Before voting on this matter,” (the Direct Primary provisions) said Senator Stetson, an anti-machine leader in explaining his vote, “lest any one in the future may think that I have been passed something and didn’t know it, I wish to explain my vote, and wish to say that this permission accorded a candidate to go on record to support that candidate for United States Senate, who shall have the endorsement of the greatest number of districts, comes from nobody and goes to nobody. It means nothing—mere words—idle words. The only way in which a candidate could have been pledged would have been to provide a pledge or instructions to the Legislature. The words ‘shall be permitted’ mean nothing and get nowhere. I shall vote for this report, not because I want to, but because I have to if we are at this session to have any Direct Primary law at all.”
Senator Stetson was referring particularly to the section which denied the people by state-wide vote the right to indicate their preference for United States Senator, but his words would have applied as directly and as truly to other sections of the measure.
Other good government Senators did, as a matter of fact, denounce the very partisan clause which later contributed so largely to Heney’s defeat. Senators Campbell, Holohan and Miller, for example, while voting for the bill, sent to the clerk’s desk the following explanation of their vote:
“We voted for the Direct Primary bill because it seems to be the best law that can be obtained under existing political conditions. We are opposed to many of the features of this bill, and believe that the people at the first opportunity will instruct their representatives in the Legislature to radically amend the same in many particulars, notably in regard to the election of United States Senators, and the provisions that prevent the endorsement of a candidate by a political party or organization other than the one that first nominated such candidate.”
[446]See files of Sacramento Bee for February and March, 1909, and Senate Journal for March 22, 1909, page 1976.
See files of Sacramento Bee for February and March, 1909, and Senate Journal for March 22, 1909, page 1976.
[447]The Union Trust Company loaned $175,000 to the Calkins’ Syndicate, which published papers in opposition to the prosecution. For the curious circumstances under which the loan was made, seefootnote 275, page 257. The Union Trust Company officials were among the most effective opponents of the prosecution, and most persistent in circulating the story that the prosecution hurt business. The head of the institution, I. W. Hellman, Sr., returning early in August from a trip to Europe, when the 1909 campaign was opening, said in an interview, published in the Chronicle, August 4, 1909: “In New York I found that there is still a great difficulty in securing capital for San Francisco on account of the Graft Prosecution, or the ‘graft persecution,’ as they call it there. Of course, I do not know what changes have occurred in the situation here since I left six months ago, but I had an interview with certain people In New York and I found that they were unwilling to send capital here as long as this ‘graft persecution’ was continued.”
The Union Trust Company loaned $175,000 to the Calkins’ Syndicate, which published papers in opposition to the prosecution. For the curious circumstances under which the loan was made, seefootnote 275, page 257. The Union Trust Company officials were among the most effective opponents of the prosecution, and most persistent in circulating the story that the prosecution hurt business. The head of the institution, I. W. Hellman, Sr., returning early in August from a trip to Europe, when the 1909 campaign was opening, said in an interview, published in the Chronicle, August 4, 1909: “In New York I found that there is still a great difficulty in securing capital for San Francisco on account of the Graft Prosecution, or the ‘graft persecution,’ as they call it there. Of course, I do not know what changes have occurred in the situation here since I left six months ago, but I had an interview with certain people In New York and I found that they were unwilling to send capital here as long as this ‘graft persecution’ was continued.”
[448]Ryan did not receive his full party vote (see chapter XXI) while Taylor received the anti-machine vote of all parties. Nevertheless, this does not account for the extent of the astonishing changes in registration.
Ryan did not receive his full party vote (see chapter XXI) while Taylor received the anti-machine vote of all parties. Nevertheless, this does not account for the extent of the astonishing changes in registration.