The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-17
BECAUSE THEY MUST.
Gage and Chute viii C0nfide in
the Grand Jury.
Boodlers Ready to Testify, and Also Ready to
Put Another Block Under the Wheels
Of the Blind Goddess Vehicle

There was not a boodler in all San Fran
cisco and the region round about who did
not take a cocktail yesterday morning in
order that he might rid himself Of that
| tired feeling" that depression of spirit and
| gloomy forebodng caused by reading the
! decision of the Supreme Court on the
! question whether a witness has right to
test the legality of the Grand Jury or not.
1t was gloomy day for the statesmen
who represented the sack in the Legislature
| and those who now represent the same
| potent factor in the government of this city.
| There are men here who do not love
| Chris Buckley-aspiring souls who have
been crushed and trampled upon by him.
the blind god of Doodle; but they longed to
! be with him and breathe the invigorating
atmosphere of Montreal. which he found so
beneficial to his attsnuated lungs just after
Ellison Scott had finished his work.
| Many of these disquieted citizens were in
! Judge Wallace's courtroom early in the
day to hear the proceedings in the case of
| Stephen T. Gage, the diplomatic of the South
| ern Pacific Company, who refused to testify
| before the Grand Jury because he, as law
\ abiding citizen, questioned the Legality OF
| the organization Of that body, and who
was subsequently summoned for contempt.
| GAGE WAS NOT PRESENT.
| Gage was not present. ard the patriarchal
! Greed Raymond was likewise missing when
| the case was called; tut G. b. Darwin, the
representative of the railroad, who tries
| very hard to be present Hhen Raymond is
| absent, was there.
When the court convened Edgar B. Hay
| mond, who refused to testify before the
| Grand Jury in order that he might test its
| legality before the Supreme Court, said he
wished tn mako q Stafpmput Hp rad hnap
| subpenaed to testify before the Grand jury,
| but relying upon decision by Judge Muir
ply, he had believed that the Grand Jury
was not legal body and did not possess
| even a de facto existence. The Supreme
| Court had decided against Murphy, and
Mr.. Raymond said that when he refused to
testify he intended no disrespect to the
| Grand Jury.
Judge Wallace replied that he had no de-
| sire to punish men if there was no necessity
| for it. and as Mr Raymond agreed to go
| before the Grand Jury and testify he would
| grant stay of proceedings. Mr.. Raymond
| smiled and Withdrew, and the spectators
| smiled also, but tarried.
Judge Wallace called the case of Stephen
! t. Gage, but there was no response, and the
Sheriff called for the absentee, but there
was no answer.
The Court took on a Wrathful look and
! commenced to call the calendar. When he
had finished he again called the Gage case.
There was no reply, and Attorney Darwin
arose and said:
MR.. DARWIN EXPLAINS.
81 wish the Court to understand that 1
am in no way responsible for Mr.. Cages
non appearance here to-day. | am Mr..
Chute's counsel, bur have been associated
with Mr.. Raymond in the Gage case. /
have not seen Mr. Raymond nor Mr.. Gage
since last Friday. At that time Mr.. Hay
mond stated in court here that Mr. Gage
would purge himself of contempt by testify
ing fully before the Grand Jury, if the Su-
preme Court decided that a witness could
not challenge the Grand jury | repeat that
Mr.. Gaze will do so. Certainly, if he asks
my advice, | shall advise him to do So"
Where is the bond?" said Judge Wal
lace.
The document was produced. and the
Court handed to the clerk an order declar-
ing tie undertaking forfeited and issued
warrant for Cages arrest.
Half an hour later Gage, accompanied by
Greed Raymond, entered the courtroom.
Raymond made an apology for his clients
hardness. which had been unavoidable. He
said that Gage had intended no disrespect
to the Court, aud was willing to appear be-
fore the Grand Jury. Mr.. Chute would do
likewise.
The Court said that the case would be
continued and Mr. Gage would be called in
al any time at one days notice If he failed
to appear before the Grand Jury.
After leaving the COURTROOM Raymond
told reporter that he intended to institute
proceedings in the Supreme Court by which
the leg&lity Of the Grand Jury can be tested.
This will probably be done as intimated by
The CALL by inducing person who has
been indicted by the Grand Jury to appeal
to the Supreme Court.