Читать книгу "The System," As Uncovered by the San Francisco Graft Prosecution - Franklin Hichborn - Страница 11

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The hard fight of the morning of October 26th to prevent Ruef taking possession of the District Attorney’s office had been carried on practically without the general public being aware of the proceedings. Langdon had been suspended early in the evening of the previous day. The temporary order restraining Ruef from interfering with the District Attorney had been signed at 5 o’clock in the morning. The general public found by the morning papers that Ruef had attempted to seize the office, but of the steps taken to stay his hand the papers had nothing. The question on every man’s lip was: Will Judge Graham recognize Ruef or Langdon as District Attorney at the impaneling of the Grand Jury?

The court was to meet at 2 o’clock. Long before that hour arrived, the halls of Temple Israel, a Jewish synagogue in which several departments of the Superior Court met during the months following the great fire, were packed with citizens. The street in front of the building soon became jammed with a struggling mass of men demanding entrance. The crowd became so great that none could enter or leave the building.

Plain-clothes men were on all sides, and succeeded in clearing a space about the entrance. The work of clearing the building of all who could not show that they had business there, then began. In this work, deference was shown Ruef’s adherents. Notorious saloon-keepers, ex-prize fighters and strong-arm men friendly to Ruef were permitted to remain. Opponents of the administration who protested against removal were unceremoniously thrown out.

Although little groups of partisans of the administration appeared in the crowd, the citizens assembled were in the main clearly in sympathy with the prosecution.[103] The arrival of Langdon, Heney and Spreckels was signal for outbursts of applause. Ruef apparently appreciated the feeling against him. He appeared guarded by two detectives of the regular police department,[104] and a body-guard of partisans. The crowd began to press about him. Several of his followers made motions as though to draw revolvers. Ruef hurried into the building. To add to the confusion, there was, planned or without planning, misunderstanding as to the room in which the hearing was to be held. The representatives of District Attorney Langdon’s office finding themselves misinformed as to the meeting place, forced their way from hall to hall seeking reliable information. When the room was finally located, it was found to be packed with Ruef followers. The sheriff ordered the doors closed. The Court’s attention was called to this. District Attorney Langdon insisted that the doors be opened and the crowd permitted to enter to the capacity of the room. He pointed out that some had been admitted and others kept out, and insisted there should be no discrimination. This course was taken. The crowd poured in until every available foot of standing room was occupied.[105]

Eighteen of the nineteen citizens required under the California law for Grand Jury service had already been drawn at former sessions of the court. As soon as order had been secured, the name of the nineteenth was taken from the jury box.

This detail over, Heney called the Court’s attention to the provision of the California law, that no person whose name does not appear on the assessment roll of the county in which he serves is eligible for Grand Jury service, and that the courts have held further, that bias or prejudice of a Grand Juror against a person indicted is sufficient grounds for setting aside the indictment. Heney then stated that he wished to examine the nineteen men as to their qualifications as Grand Jurors.

Ruef, announcing himself as an officer of the court, arose to speak. Heney objected to Ruef appearing, if by officer of the court he meant District Attorney or Acting District Attorney. Ruef answered that he appeared only in his capacity as member of the bar. On this showing he was allowed to proceed.

Ruef contended that the procedure proposed by Heney was irregular; that if followed the validity of the Grand Jury would be imperiled. He stated that he did not want to see the Grand Jury made an illegal body.

Heney replied that he intended, as Assistant District Attorney, to present felony charges against Ruef, and desired to examine the prospective Grand Jurors as to their bias for or against Ruef. Furthermore, Heney insisted, the Court had authority to excuse a juror if he were not on the assessment roll. To accept as Grand Jurors men whose names were not on the assessment roll, or men biased or prejudiced against Ruef would, Heney insisted, make the proceedings a farce.[106]

In reply to Heney, Ruef defied him to produce any evidence “in open court before an untutored Grand Jury for an indictment.” Ruef charged Heney further with employing abuse “to make the Grand Jury illegal so that nothing might come of any indictment.”

At this point, the Attorney General of the State, U. S. Webb,[107] addressed the Court. At his suggestion the Grand Jurors were excused for the day. General Webb then stated that he knew of no law for the procedure which Mr. Heney suggested. He admitted, however, that such procedure would be desirable, and advised that no hasty action be taken in coming to a decision.

Heney in reply read from California decisions to show that The People have the authority to make examination of Grand Jurors, and continued:

“The only question remaining is as to when this examination shall be made. Suppose the foreman of the Grand Jury is biased or prejudiced. Does it require any argument that now is the time to make this examination instead of waiting until we have presented our evidence to the Grand Jury? Shall we first have to give those whom we accuse time to bribe witnesses and get them out of the country? Shall we let the defendant come in and quash the indictment, if there is any bias or prejudice, and then be enabled to protect himself against prosecution?

“After the miserable fiasco (the attempted removal of Langdon) which occurred last night,” Heney went on, “what more important duty for this Court to perform than to say immediately that the law is more powerful than any man or any set of men in San Francisco?”

As Heney concluded, the packed courtroom burst into applause. The crowd outside heard, took it up and cheered wildly. As soon as order was restored, Henry Ach, one of the attorneys appearing for Ruef, suggested that Heney, the Attorney General and himself, get together to present the question of whether Langdon or Ruef were District Attorney to the Supreme Court. Ach stated that he feared if Langdon or Heney attended a session of the Grand Jury and Ruef were to be found to be District Attorney, then the acts of the Grand Jury might be invalidated.

Heney replied that in acting as prosecutor it had been his rule “to have no conferences, treaties or alliances with persons charged with crime, or with their attorneys.” On this ground, Heney declined Mr. Ach’s proposition.

Judge Graham made no rulings that day on any of the points raised, but ordered a continuance until the following Monday.

After adjournment of court, the appearance of Langdon and Heney at the entrance of the building brought forth cheers from the crowd that all through the proceedings had waited outside. A speech was demanded of Langdon.

“My friends,” he replied, “we have no speeches to make. We have a duty to perform and we will perform that duty.”

Immediately behind Langdon came Ruef, closely guarded by police and detectives. He was pale and worn and clearly frightened. The crowd pressed about him. Threats came from his followers to shoot into the crowd if it pressed too closely. Ruef finally reached his automobile and was driven away.[108]

The topic of discussion of the two days that elapsed before Judge Graham decided the questions that had been raised by Heney’s proposal to proceed with the examination of the Grand Jurors, was whether Graham would allow such examination. It was alleged that no less than four of the citizens drawn for Grand Jury service were not on the assessment roll. There were, too, charges that Ruef controlled several of them. Some of the papers printed the names of those whom it was alleged were either under obligations to Ruef or connected with his political organization.

A second crowd filled courtroom, building and street when Judge Graham’s court was called to order the following Monday. Mounted policemen, plain-clothes men and detectives, directed by two captains of police, were, however, on hand to preserve order.[109] There were no demonstrations. Judge Graham announced from the bench that after due deliberation, he had concluded that the District Attorney had the right to interrogate the Grand Jurors as to their qualifications. He stated further that inasmuch as Langdon was the de facto District Attorney, Langdon would conduct the examination.

The prosecution had won the first skirmish in the years-long fight upon which San Francisco was entering for the enforcement of the law.

The next move came from Attorney Samuel M. Shortridge. Shortridge appeared with Ruef’s attorney, Henry Ach, and Marshall B. Woodworth. Ruef had named Woodworth, it will be remembered, as Heney’s successor in the District Attorney’s office.

Mr. Shortridge read Acting Mayor Gallagher’s order suspending Langdon and appointing Ruef, and also called the Court’s attention to the fact that Ruef had filed his official bond as District Attorney. Shortridge stated that the matter was pending before Judge Seawell, and asked the Court, “in deference to Judge Seawell,” to postpone proceedings until the District-Attorney controversy should be decided. Shortridge expressed himself as fearful that, if the examination of the Grand Jurors went on, Judge Seawell’s decision might invalidate the Grand Jury proceedings.

W. T. Baggett, Assistant City Attorney,[110] followed Shortridge. Mr. Baggett read a letter from the Acting Mayor, setting forth the fact of Langdon’s removal, and joined with Shortridge in pleading for delay. But the pleas of both gentlemen were denied. Judge Graham repeated his opinion given earlier in the day that Langdon should be recognized as the de facto District Attorney, and ordered the impaneling of the Grand Jury to continue.

Shortridge thereupon announced his desire to participate in the examination of the Grand Jurors. Heney objected to Shortridge appearing as a representative of the District Attorney’s office. Shortridge replied that he respected Judge Seawell’s order, and had no intention of violating it. He asked if he would be permitted to act in the capacity of amicus curiæ[111] in examining jurors. This privilege was accorded him.

The examination of the Grand Jurors occupied more than a week. Several of the nineteen were excused, it being found that their names were not on the assessment roll.

The examination was concluded[112] on November 7th and the Grand Jurors sworn. B. P. Oliver was appointed foreman. From him the body received its name of Oliver Grand Jury. The Grand Jury organized by electing C. G. Burnett secretary. But one important question remained to be decided, namely—Was Ruef or Langdon to represent The People at the investigation into graft charges which the Grand Jury was ready to begin?