The morning call., 1890-11-26
FAILED TO APPEAR.
Senator Stanford Ignores the Or.
der of the Court.
He Pleads the Privilege of United States
Senator En- Route to the Dis.
charge Of His Duties.

Nothing definite came of the attempt of
ex-senator P. J. Murphy to perpetuate the
testimony OF Senator Leland Stanford, and
the scene of the poll ical drama will prob
ably be transferred to Washington, D. C.
The notice to appear before Commissioner
Tauszky at 2 o'clock yesterday afternoon
was served upon the Senator as he alighted
from train at the Fourth and Townsend
streets DepotIduring the forenoon, and it
was expected that he would show up in
answer to the charges which have been
made against him. At least preparations
were made to take his testimony, but he
failed to appear.
A few minutes before the hour named in
the summons ex-senator Murphy, accom-
panied by his attorney, Andrew j. Clunie,
tolled up the stairs leading to Commissioner
Tauszky's Office at 50S California street.
and few minutes later David Ste IN, the
Auditor-elect, together with his legal repre-
sentatives, John H. burst and d. S. Dorm.
came down Montgomery street and disap-
peared in the same direction. They were
followed at the interval of few minutes by
State Senator-elect j. II. Mahoney and two
or three friends.
WAITING FOR STANFORD.
When all had assembled they waited for
Senator Stanford to appear, but as the
moments fled without giving any signs of
his coming the Commissioner began to dis
play signs Of nervousness and frequently
consulted his watch. Every noise in the
hallway outside was listened to attentively
as a forerunner of the Senator's entrance,
but at 2 o'clock no word had been received
from hiul
MIR. Clunie then arose and stated that he
had in his possession the return Of the Off
Ger who had served the notice together with
his affidavit, but it was insufficient in that
the original subpoena had not been attached
to the document. This he would have recti-
fed at once, but had not deemed it neces-
sary TO attend to 1t sooner, as he had sup
posed that Senator Stanford would be only
too glad to appear and defend himself
against the charges made against him, and
which, he could say. had become Il matter
OF common notoriety and were discussed
broadcast throughout the State.
The Commissioner gave the desired per-
mission to have the return corrected. and a
further delay was experienced in waiting
for Senator Stanford to appear. Mr.. Muir
ply said that a failure to appear would not
end the matter, as a Commissioner would
be sent to Washington for the purpos of
securing the desired testimony.
CLUNIE'S MoDESTY.
At 80 o'clock Mr. Clunie again addressed
the Commissioner, and gave notice that
he would, if necessary, issue AN attachment,
but had desired not TO do SO if it could be
avoided. He had not, in tact, contem plated
the necessity for an action of that kind, as
he had been assured that the Senator was
anxious to have the investigation proceeded
with.
Attorney burst came forward with a mo-
ton to dismiss the matter in view of the
a m rptn nd
the notice, therefore, not binding upon the
party summoned.
To this Mr. Cunie objected on the ground
that the Court in issuing the order had
specified no time, and he would ask for a
continuance of the case until such time as he
could have the error in the return rectifed.
This was granted, but moment later it
was announced that Attorney Craig, who
had just entered, represented Senator STAN
ford, and had brought with him an affidavit
from that gentleman.
The Commissioner took possession OF the
affidavit and handing it to Mr.. Clunie re-
queSted him to read IT aloud, which lie did.
1t read as follows:
THE AFFIDAVIT.
In the Superior Court Of the City and County
OF San Francisco, Slate OF California:
In lie matter Of the petition for L. j. Murphy
10 pefpellale the testimony Of Leland Stanford.
State of California; City and County OF San
Francisco:
. Leland stanford. being duly sworn. deposss
and says: That ne Is now and las been ever
since the 4th day Of March, 1885, Senator OF
the United States from the State Of California.
That on the 10th day OF November, 1890, this
deponent departed by regular train from his resi-
dince at PalO Alto, santa Clara County Caifor-
MIA. intending 10 proceed directly and forthwith
TO the city Of Washington, for the purpose OF be-
Ing present and attendance upon the regular SEES.
si0u OF the Senate of the United States which
Will convene al said city OF Washington on Mon
day next, December l. 1890 at the hour of II
O'clock, noon, aud the deponent further says
that lie arrived in The city OF San Francisco EN-
rOuIe 10 Washington about 10 O'Clock this day.
and for the reason that no regular train departed
eastward aud for the city or Washington until
LATER III The day, lie. said Defendant proceeded to
his Cfiice in tile city Of san Francisco. at tie cor
city. for The purpose Of tIansactins business
then requiring his attention. That shortly
after his arrival IN said city there was
served upon him ana delivered TO said
deponent Il notice and subpoena which is here
unto annexed, expressly referred to. aud made a
part hereof That said notice and subpoena
among other thugs required THIS deponent TO APP
pear before person designated at the hour of
o'clock III The afternoon of his day. That unless
said dep0nent shall Gei art by The train which
starts for Washington City this morning 1t Will
be impossible for him 10 be III said city or Wash
ineton Oh McAday next. December l, 1890, aud
al The openiug OF the regular session OF the Sell
ate OF the United States, and that lie is now ON
his way to attend said session Of the Senate and
III The discharge OF his official duties as such
United States Senator, and depOnent further says
that were It not Ior tile tact That lie Is SO en- route
to Washng on be would willingly appear at the
TINE ana place referred 10 ID said subpoena nei clio
annexed, and would then aud there Willingly give
such testimony relating TO the matter referred 10
IN said subpoena as might be addueed from him.
wherefore, depOnent respectfully prays the
honorable court 10 forthwith discharge said
order so made on the 24th of November, 1890,
and that the same be vacated forthwith. aud that
tue service OF said notice and 8 iii subpoena here
TO annexed and sUmade upon him as aforesaid
be revoked and annuiled, ana Iu,tEer deponent
sayeth not. LELAND STAMFORD.
subscribed and sworn to before me, thi, 10Th
day OF November, 1890.
E. b. RYAN, Notary Public.
THOUGHT THEM UNTRUE.
Mr.. Clunie looked surprised as he laid the
affidavit aside, and addressing himself to the
Commissioner. said: In my opinion the
statements made by Senator Stanford are
| can show that his home is not at Palo
Alto, but at the corner Of Powell and Cali
fOrnia streets in this city, where it has been
for many years. This item. should say, is
merely an evasion to avoid the neceS sity OF
appearing here. We all realize the inpor-
lance Of the Office of United States Senator,
and do not wish to interfere with the
proper discharge of the distinguished gem
tleman's duties, but propose to find out il
he can corrupt the elective franchise as
charged without being made to answer for
it."
torney burst Ito discharge and dismiss the
subpoena. The Senator has shown in his
affidavit that he is now ON his way to WASH
lngtOn, and 1t requires no lengthy argument
on my part to show that to stop him now
would be to interfere with his privileges as
a Senator of the United States"
Mr.. Dorm had intended to argue the mat
ter, but it was, In his opinion, so plain n
case that it needed no remarks from him. Iu
regard 10 the charges, he would take it upon
himself to deny that they were either broad
or general. but on the contrary were con-
30 "a