The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-07
M'CARTHY'S TRIAL
FIZZLING OUT.
LudicrOus Nature of the Testi.
mony Brought against Him.
Builders DID Not Bride the Accused District
Engineer-Ju Wallace's Writ Order
ing Breads Reinstatement.

the rooms of The Board of Fire Commission
ers Yesterday afternoon. when the trial OF
District Engineer John Mccarthy. charged
with accepting presents, was resumed.
All the members of the board were pres
ent, and, after some routine business, the
case OF the polar Bear" was taken up.
An interesting feature OF the trial, which is
slowly fZzling out, is the fact that two
would-be leaders Of the local political par
ties face each other and exchange sarcastic
compliments.
They are Chairman Maurice Schmitt, who
is anxious to lead the disgruntled disciples
Of Chris Buckley. and j. \ +. Wilson.
State Senator, major and judge advocate
general in the National Guard of Calfor-
MIA, and counsel for the accused engineer.
Proceedings began by Commissioner Mar
tin Directing to Clerk Maxwelrs minutes of
the previous meeting. Martins cross-exam-
nation of Shoemaker Laid had not been
entered in the record and he insisted upon
having the minutes corrected. and the cor
rection was ordered.
In a communication Chief Scannell stated
that although authorized to amend the
charges against Mccarthy by inserting
names of accusers he had decided not TO do
SO. lie had come TO this decision upon the
advi of his attorney. In a private letter
to Wilson, however, he had given list Oh
witnesses and accusers.
WILSON NOT READY To PROCEED.
Attorney Wilson protested that he was
not ready TO proceed, owing to. other press
ing engagements. I'VE DESIRE" said he, TO
take proper steps To prepare defense. /
am surprised at the Chiefs communication,
because the board had resolved 10 amend
the charges. We are not prepared to pro-
coed to-day. During the week there has
been a decision OF the Supreme Court chang
inc the face of the commission, ana we de-
sire that the legal members be present dur
ing this trial"
Schmitt said the de facto board was all
right The department desired to finish its
case at once.
Wilson said he was worn out, having
been engaged night and day in other legal
matters
Commissioner Parsons called attention
o. The facj that no Fire Warden duty is be-
ing done IN McCarthy's district, which re-
quIrrd attention.
Wilson volunteered the information that
he WAS asking tor continuance against the
wishes Of the defendant.
The trial was then resumed, Martin and
Ames being the only members TO vote for a
continuance. Henry NJ Gray, contractor,
was sworn as a witness
YOU know The defendant, Mccarthy p"
asked Schmitt.
Il do"
Did You have any relations with him rel
alive 70 his Fire Warden duty in November,
1891 ."
MCCARTHY ADVANCED BAIL.
might call 1t business relations. It
was prior 10 November 1891. | was in my
office wheu some one teleph0ned that one Of
my iuremcu had been arrested on Sacramento
street. l went right over to the old
f.H no Il.
Carthy arrived with my foreman. He had
been arrested for using fire hydraut /
asked Mccarthy if he would wait until
went over 10 my Office for some bail money.
Mccarthy had some money and put It up
for the f0Temau'5 bail. / insisted on Me
Ca-thy gazing tn my Office, where / paid him
just what l owed him"
No amount Of questioning could make
Gray admit tHat be paid Mccarthy more
than The bail money. When the foreman
WAS fGed s. III lie Police Court, Gray re-
ceiyed the balance Of the bail money.
do ygu remember that You made ar
Tan-emeuts with McC5Ttay2'
Il never made arrangements with Nc
tarthy for anything
Wilson asked Gray whether he placed
charges aga INST Mccarthy, and ne an
sWeTrd: No; 1 never put a charge against
any one in my life
Assistant Chief Engineer Sullivan was
called and N-hmitt promptly oyerUuIei all
objection, TO lis testimony. Sullivan sad
that under HstructCn from Chief Scanne.l
and Chairman SeHm!tt he had interviewed
Gray. Mr. Wilson objected ~ heaTssy testi-
mOny, saving that any court of justice
would knock 1t cat.
INTERVIEWS WITH GRAY.
Sullivan went on 20 say that at the first
interview Gray was very angry and said he
could tell a great deal about Mccarthy if he
wanted 10. ''Some days later continued
Sullivan. Il told Gray that the Chief bad
/ heard of the transaction with Mccarthy.
/ Cray studied over the matter. and gTOWlcd
about MCCaTtAy's actions. Gray called a
man In his office, who SAID he saw Gray
give the Fire Warden some money. Gray
/ further said: 1 gave Mccarthy $50 for
bail, and present Of S2j' That evening
met Gray at Second and Market streets,
when he said his attorney had advised him
/ not 10 answer questions about Mccarthy be-
| fore this commission, Gray further said
/ the Grand Jury was in session, and IL
would not be wise to testify against Nc
/ CaItHy. He further said he would come
and testify against Mccarthy after the
! Grand jury had been declared invalid or
/ had adjourned
WlSOn-G-ay was then 30 mad at Ne Car
/ tuy rhat he gave him SO for present.
Nuiljyau-No; he was only mad at the
/ first meeting. ! saw Gray tbTee times about
/ tlI. matter. The last time / saw him he
/ said he would decline 20 answer questions.
Ia answer 10 ether questions Sullivan
said he had also interviewed the other Wit
aesses. In doing so he had only oJeyed the
( Chef.
WHO Is BEHIND THE CHIEF?
WHO is behind he Chief Engineer in in
vestlgatinE these Charges?" asked Wilson
"I don't know | nm Assistant Chief aud
/ have to obey all orders from the depart
Meut.
Martin. asked a few unpleasant questions,
during when Sullivan admitted that he had
known of some Of the charges against Nc
I CaTt1y Tor many weeks. Sullivan also SAID
/ THAI Shoemaker Laid told him in the pres
eHce Of District Engineer Wills that he made
! Mccarthy present If -.
Lit d. Si0cum, the livery stable man and
/ owner OF Il building Oh Suffer street be-
/ tween LeayelwOrth and Hyde, testified
! tnat he had several conversations with Nc
! CaTtuy during Tie construction OF the build
! IN. Mccarthy merely in5nuated that he
/ desired financial assistance Mccarthy had
! sad that be would not even get n cigar out
/ Of SlOrUm." Schmitt was the man who dug
! him up as a witness.
/ Contractor Pierce and Shoemaker Laid
! were recalled for cross examination. The
! former said he gave $40 and the latter S. 10
/ Mccarthy, not because they violated the
! law, but merely rs present. Both said
| that Chairman Schmitt and Engineer Sulli-
van had caused them to appear as witnesses.
A pustponement was then granted until
| Saturday in order to give Mccarthy chance
! 20 prepare his defense
REINSTATEMENT OF BROAD.
! Attorney A. j. Cluuie handed each Com
! missioner cory Of the pertmptoTy writ of
mandate issued by Judge Wallace in the
/ case Of Clerk Charles Z. Broad of the cor
! Doration yard, who W $ removed for in
! subOrdinati0H. In asking that Broad be re-
! ustated Cunie said he desired To make a
| personal statement. r. SSimpson had i'm
/ Piled that George Maxwell. clerk Of the
! board, had accepted commissions In the pur-
chase OF department supplies The attorney
said that he did not approve Of the charge
and was certain that Maxwell is innocent.
broad was then Testured 10 duty IN ac-
| cordance with the writ OF mandate. The
| charge OF neglect Of duty is pending against
| Bread. and his trial for arriving ten minutes
/ late one morning was nnstnnned FIR nne