The morning call., 1891-08-21
Judge Wallace Orders an Inquiry Into Legis-
lative and Municipal Corruption.
Faylor's Partners" in Peril


have long been known as anti Buckley DEM
ocrats. and there are others who are equally
well known as reform Republicans.
TIE ADDITIONAL NINE.
At noon Judge Wallace resumed the task
of impaneling the jury. The elsor, II. II.
Scott, who was appointed last week to chose
| nine citizens, reported that he had made Sc
lection OF the following named:
James M. Mcdonald, ex-Superysor and caplt-
| alist.
c. D. Cleveland, ex-School Director and physi-
| clan.
Barclay Henley ex- Congressman and lawyer.
William NJ. Cubery, printer
| jeremiah Lynch, ex State Senator, stock
| broker and author OF "Buckleylsm.'
w. 5. Zeilin druggist.
| teacher.
| 2. j. Kennedy, grocer.
Reuben Tucker, importer.
The clerk then read the names Of the
| Jurors, who responded as follows:
Irvine Graham, Charles HOlbrook, William
| Cluf, George H. Walker. James l.. MuEdy,
john A Lennon, Henry l.: Dodge, Lipman
| Sachs, Mark Sheldon. L. W. McAfee. James NJ.
Mcdonald Z. ID. Cleveland. Barclay Henley, w.
NJ. Cubery, Jeremiah Lynch, W. S. Zeiiin, James
Denman, T. j. Kennedy and Reuben Tucker.
Barclay Henley was appointed foreman.
| He was the leader of tho anti Buckley cru
| SADIE during the last campaign. Slowly and
| lmpressively the Judge read the following
| charge, during silence that was only
| broken by half-smothered eXciamations
from the astonished politicians present.
JUDGE wALLACE'S CHARGE.
The Grand jury being impane!ed ana sworn. l
am TequI ed by law to deliver 10 you a charge
| and doing that 10 tmpart 10 you such inlorma.
| ton as may be deemed proper.
IN elaborate detail OF the rules of law govern
ing the production and application OF evidence
and OF the regulations by which The slttings ana
| proceedings OF the Grand jury Will be governed
Is scarcely necessary, because all theSe Will be
found plainly sci down in The codes, Which VIII,
OF course, be IN your hands. You are all gentle
men Of large experience and high Intelligence
besides, your foreman here is happily himself q
| lawyer of marked ability and thorough knowl-
| ledge of the law; moreover, you are entitled 10
| have the official advice of the District Attorney
an officer OF great efficiency in tile discharge of
| his duties, well as the advice of tho Court
should you at any time suppose yourself in need
| Of ii.
Tie language of the oath which you have just
taken, II you have closely attended 10 II. as you
no DOUBT nave, has ALREADY furnished you In Il
| great measure with all The information requisite
| 10 the proper discharge Of the important duties
now devolving upon you. Tie phraseology IN
which That oath IS cOuched has undergone but
little change-in its dicion 1t is much and In Its
substance and meaning IL Is altogether, the same
as has been administered among Englsh-speak-
ing people for more than seven hundred years
from tie days of The first Plantagenet.
AS an Institution the Grand Jury Is Anglo
Saxon in origin. Coming down moIe immed-
ately 10 us 1t is seen to harmoniZe in a peculiar
manner with our representative system of demo-
cratic government for the Grand jury comes
from time TO lime from lie body OF the people
aud is indeed the especial basis, lie very tap
root. as II were, OF that enlightened freedom
which distinguishes ours as preeminently a
seIt-goYerning people.
AN INDISPENSABLE INSTITUTION.
In our history there is perhaps no other single
institution which has played important a part
IN the administration of public justice aud the
suppression of cIlme-nUne that has proven it.
sell so indispensable TO the peace and ell-belng
OF society. The safely OF the individual citizen
and The honor aud good repuie OF The State, as
well as IN private life.
In the inst place you have sworn that your
proceedings shall be secret ana that YOU Will
Keep them so; the circumstances under which,
and the limited extent TO which you may prop
erly disclose them are only those GeiiDed In III.
code. ApaTt from these you are pledged 10 all.
solute secrecy any person, therefore, who seeks
to Infringe that secrecy, 10 Obt.in from you
khowleuse or Information concerning your pro-
ceedngs. is himself 4 lsw-btesker, aud The at
Tempt upon his pant, under whatever pretense il
be made, is necessarily an impuiaIion cast upon
your personal honof-an assumption upon his
part That you are so debased aud degraded In
PERSONAL character as 10 deliberately break the
solemn oath you have taken.
1t IS hardly necessary to add that in case of
such an attempt 1t Will become your duty NOT
only TO yourself, but also to The court, 10 ptop-
erly report IL. In general character your fuuc-
lions are Judicial; you are Gislinctiyely an in
yesilgating and iuterGogaiive body, ana In pur-
suing your inquiries and reaching the results OF
your examination you are cioIhed by tile law
win the personal immunity from civil RESPONSE
billy which is accorded TO cou,ts OF justice act
Ing within their appointed sphere OF duIV Nour
method of proceeding Is distinctly iuquisltorial-
you are as watcamrn stationed by The law to
discern WHICH, where aud by whom that law has
Deen uiOheh and lis commands lnfiinged.
A SPECIAL. AND PECULIAR MISSION
Your special aud peculiar mission is to look
after AMI inquire about that important mass o.;
aifairs-public ahairs-which concern everybody
which IL is paradOXlcally and proveibaIly said
that being everybody business. they are nobody
business. These public affairs thus placed IN
deI your scrutiny are not muuic pal merely-you
are not limited even to the very careful exam
| lndtion or tile book, records and accounts Of
| the more lban forty officers which are embraced
| in The government OF the city aud county OF San
| Francisco, and to which the law makes il my
| duty here TO call your special attention.
You are, therefore, not 10 content yourself
Will looking to See whether In November and
! December of the last year more coal was pu:-
chased and pu!porIed 10 have been consumed by
| the public offices here than could have been
| honestly expended in one Whole year of time ;
nor whether IL costs the city 5000 per annum
for the keep OF horse; nor yet whether the
! price OF setting w single hydrant In our
| streets is $40 with $50 noie to maintain IL for
single year: such things as these must of
course be looked TO. and carefully looked to, by
| you; but as regulations they are but minor in
| cha acter-they but point tie way 10 other and
larger and more serious wrongs committed or
said 10 have been.
II is asserted that at the late session OF the
Legislature The county OF COlusa wa. terri
| lOiiy dsmembereu the result of legislation
| procured by means OF brluery-that part of the
| brlbe was pr0missOry note for $50, 900 now or
Lately held on deposit in this city, It's payment TO
| IL Is umO!ed-ndeed, become no torious-that
| at The same session corrupt cOnDinaton-a
trnstIwas formed by majority OF The members
OF Inc senate OF The State 10 sell the legislation
OF that body TO purchasers for price, and that a
| Ike combination for like purpose was or
| ganiZed in the Assembly. Indeed a suit to re-
| cover a sum OF money, which IS said TO have
been part OF the gains made in that business,
was lately brought and actually Tried here in
| this department OF the court.
| SUCH RUMORS ARE FACTS.
| advert these matters nv w1y nf in
PRODUCTION 10 an Illustration OF the instruction
| which now give You. wbichds that for you such
which 10 fluid any Indictment or Indictments of
| anybody-Ihat C IN only be done after legal evil
| dence Of tue commission Ofthe ofense shall have
| hrst been obtained by you but these rumors are
| facts upon which your inquisitOrial investigat-
ing power Is put In motion. You must investI-
| gale them, you must inquire concerning lhem-
not III formal or re,iunctory manner, not as
| those who, having eyes, see not, or having ears,
hear not; but In the language OF your oath dill
| gently, with aSSidutiy aud with The intent and
! purpose In good faith TO tnd out the truth, and
| If the commission OF tile offense be proven TO
present. ans Indictment or indictments here
| against The guilty parties, provided the offense
DO one which, to quote the statutory phrase, Is
| "triable" IN the city and county.
| And this suggests the inquiry as to what Is an
! oftense tfiable here. Instruct you that any
| offense committed In The State Is triable in the
! city aud county OF San Francisco II committed
committed In tile state be made up of several dis
| tlnct and essential acts such ofIense may be tried
| here. and consequently may be investigated by
| you II any Que Of such acts be done here In tie
| city or county.
have thus touched upon nearly every subject
| supposed to be necessary now. There Is one
| matter, however, not yet adyeIted to, which Is OF
| Importance, as much, perhaps more, than the
rest; that Is, that you remember that you are not
organized TO accuse any one, neither are you
| organized to acquit any one. You have sworn to
| have neither friends nor enemies In this
| business that goodwill and ll.will shall alike
| be put aside; That neither enmity nor friendship
shall weigh aught In your deliberations; but tina,
! Diminishing all interest passion and feeling your
| only enduring theme shall be "the whole Truth
and nothing but The truth" according to the best
| OF your skill and understanding. Ii Is honesty
TO honesty engaged. Gentlemen, you have
| spoken The word aud will not faiter.
Pilkey Found Guilty.
Robert Pilkey, one of the Sidney Fla,
gang, was tried yesterday in the United