The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-06-21
He Is Decreed Guiltless of
EXtorti0n.
NO ASSESSMENT, BUT A GIFT.
He Thought That His Deputies
Wanted to Help Him Pay his
Election Expenses.

The hearing OF the charges MADE against
him in a recent Indictment OF the Oranu
jury came to an abrupt termination ID
Lees favor yesterday.
The Indictment was filed about one
month ago and contained charges OIL
grave nature. Lee was accused OF having
extorted four monthly installments oil SO
each from twelve deputies, in conSldera-
ton of which they were permitted to re-
tain their offices. These assessments, 1t
was charged. we're made for the months OF
Januarv. February, March and April OF
the present wear. This is a misGemeanor
under that section of the Penal Code
which refers to extortion by public OIL
Ger, and as such Lee was formally ID
dicted. There is, however, no GRIM INA,
penalty attached in case oil CONVICTION, rel
moval from Office being the only PUNISH
ment in store for the offender.
When the case first came up for trial At
tornpy Richardson iDteTpoSe1 demurrer
on LEES behalf, and Judge CARRIER prom
ised TO rule on this demurrer on the day
set for the trial, en- the STIPULATION tnat tIe
defendant should have his answer READY
and the case proceed without further de-
Law should the demurrer be oVerruleo.
District Attorney Barnes came up from
Santa Cruz to try the case, ana wneh IL
was called up yesterday no further con-
tinuance was asked Tor
Proceedings opened with Attorney Rlch-
ardson calling upon the court 10 sustain
the demurrer. 10 support OF his conIen-
ton counsel cited the case Of Mayor hai.
lnch, who as a member OF the board OF
Election Commissioners, DEMANDED an
assessment of S25 from Clerk w. L. Lewis
In this case a demurrer to similar charge
was sustained, and the decision OF the
lower court afterward affirmed by the Su-
preme Court. On these grounds, there
fore. the court was asked to dismiss the
case.
However, Judge CARRIER took different
view and ordered the case 10 proceed
Peter Kelly, one of the deputies. was
the first witness called. He testified TO
his appointment at a salary of Sl25 per
month. and to only having received SloO
for the first four months OF the present
wear. He said that Deputy James Is. Hart
vent around to all the deputies and SAID
that Lee was in debt S1700 on his election
expenses and that something should be
done to help him out. So a meeting was
held. where il was unanimously agreed 10
subscribe 10 per cent of the salaries toward
paving off Lees Indebtedness. However,
The next day Deputy +. Fitzgerald came to
them and said, ''Twenty-fve dollars
month goes, or nothing" and after that
they were compelled TO pay S25 per month
TO Hart, as chairman of the committee.
why, then. did you pay S25 per month
when YOU had previously agreed TO pay
ONLY 10 per CENT?
because we understood that 1t meant
paying S25 or get out of the joh."
ITO ON did you pay the 1852"
LAT first to Hart. Then we didn't want
to pay Fart, so we conferred on McLaugh-
lin"
Did you ever talk Of the matter to Mr..
Lae?"
''No. sir"
"Dld FITZGERALD tell you you would be
thrown out of office If you did not pay the
money 2"
No; but he called us lot of chumps.
and l took the hint. have been long
enough in politics to take hint when L
hold an official position"
Ibid you tell Mr.. Hart about t?"
NO. l might as we'll have talked with
Mr.. Lee"
Have you and Lee been antagonists in
politics. and is there not feeling between
you and Lee?"
INC. sir. | am a Republican. l have
always been in harmony with Lee and
have helped him all l could"
William +. Fitzgerald corroborated the
last testimony, and said that he paid the
S25 assessment most unwillingly. but he
was afraid of losing his position If he did
not pay.
James D. Brown. an outside deputy. fol-
lowed. He said that he knew it was no
use oDjectiDg to the assessment, and he
always understood that Hart was actin G
under orders from Lee.
did you, at your meeting, say anything
about resigning?" asked Barnes.
1--WE did"
"Why did you not go out of Officer"
because We thought il better TO receive
$500 or $500 than nothing"
Peter Foley. another outside deputy.
said that he asked Hart whether or not il
was question of giving up the money OIL
getting out of office.
What was MIR. Harris answer?"
"He said, Well, [ don't know about
that"
George McGif said that he had paid the
assessments to help Lee out of his difficult
ties. Hart had requested the payments
but did not say that he represented Lee in
the matter. All the deputies had worked
for Lee during the last election. He was
, the only one they worked for, and all
thought they were entitled to their sala-
Ties. They thought of combining to re-
fuse to pay the assessment, but some a
the men were weakened. The under
standing was that they should lose their
positions in case of refusal to pay and as
the city las full of men looking for work
they concluded to give way.
Cashier Alfred Mclaughlin was then
sworn. He SAID he had received between
$500 and $500 per month from deputies fol
the first four months of the present year
He had turned IL over either to Hart OF
FITZGERALD. but had given no. money t.
Lee.
Chief Deputy R Fitzgerald testified t.
having received some 5000 or 500 from
Hart. He had heard of the agreemen
among the deputies to subscribe 10 pc
cent of their salaries. He had not con
suited Lee about any assessment
Deputy James ID. Hart was called. an(
said that he had received $500 from tn
deputies, and handed the money over t,
Lee. HI said that he gave Lee to under
stand that the money was voluntaril,
contributed as mark OF esteem from hi
associates
The prosecution rested. and Lee was pu
on the stand. He admitted having re
ceived 5000 in May last from DEBUT,
James D. Hart. He thought the none
was contributed as mark of friendship.
did you ever authorize anv one to lew
assessments on your behalf" asked Mr.
Barnes.
Certainly not. I knew nothing al al
about it until the money was handed I
me. Had known about it l would bev
interfered pretty quick. AS it is, that pre-
sumed act of kindness has turned into a.
act Of hate to ne"
This closed the case, and Judge CARRIER
merely remarking that the case had los
what interest il possessed through the fac
of Lees term Of office being nearly III
said he saw no evidence on which to con
vict and judgment would accordingly b
entered Tor the defendant. And coul
adjourned without any comments bein
made Oh Hart and FitZgerald's connectio
with The affair.