The morning call., 1894-09-19
PAPERS FILED YESTERDAY.
Must Tell About That Street.
Sweeping Contract.
OR ELSE BE COMMITTED TO JAIL.
Affidavit of Foreman Sidney M.
Smith - Monday Next Fixed
for the Hearing.

The Grand Jury has at last taken definite
action with regard to Max Pepper and his
allegations regarding his street-sweeping
contract. The ex-Democratic boss has
been summoned before the Superior Court
to show cause why he should not be
punished for contempt of court.
Pepper having unfortunately Volun-
teered statement to the effect that he
was compelled to secure protection for his
contract by paying $3.50 month TO Kelly
and Crlmmlns, raised no small hubbub
thereby. An investigation by the Grand
Jury following, it was on the 9TH inst that
Pepper appeared before that august body
and was cross-Questioned concerning his
contract, but the examination proved
abortive.
Pepper sheltered himself behind the
statement that any answer he might make
would have a tendency to bring about his
punishment for felony. and he declined to
answer single question. He would not
even inform the jury whether or not he
was socially acquainted with Christopher
A. Buckley. So nothing of importance
was ELECTED and matters stood at a dead
lock.
1t was thought that some action would
be taken to compel Popper to reveal what
he knew, but ii was not until Yesterday
that anything definite was known. In the
carry part of the afternoon District At
toTney Barnes, representing Sydney NJ.
Smith, foreman of the Grand Jury, filed
with acting Presiding Judge Slack the
following affidavit in support of an appl-
cation for the citation of Max Pepper:
State of California city and county OF San
Francisco.
Sidney NJ. Smith, being duly sworn, deposes
and says: 81 am a citizen of the UUiled States
and of the State OF California, above the age of
81 years; and am foreman of the Grand Jury
OF the city and county OF San Francisco State
of California. Macmillan Pepper is witness
in and found IN this State. The Grand Jmy
being In session and holding an investigation
of certain matters touching legislative bo0y,
10 wit: the Board of Supervisors of the city
and county of San Francisco. State aforesaid,
aid direct that subpoena Issue commanding
him, the said PoDper, TO attend as witness be-
fore them al their Grand jury room 10 the new
City Hall, in said city and county on the 9Th
day OF September, 1894, at o'clock P. NJ; and
thereupOn the District Attorney of this city and
county did issue a subpoena In The form of law
commanding he said Pepper to be and appear
before the said Grand Jury at their Grand Jury
room on the said 9TH day of September,
1894 at the hour of O'Clock P. NJ. as wit
ness in the investigation there pending. The
original subpoena, together with the return
thereon, is attached To and made a part of this
affidavit, and special reference is hereby made
to 1t.
THAT said subpoena was delivered to H. j.
Wright then and there a peace officer of the
city and county OF San Francisco, who served
the said Pepper. by showing him. the said Pop
per- the original subpoena, and delivering 10
said Pop per copy thereof That said Popner
did ap pear before said Grand Jury upon 7th
day OF September, 1894, at TIL hour OF 2
P. NJ, as commanded by said subpoena, as a
witness in an investigation there pending
That the said Pepper was thereupon duly
sworn witness in said investigation pend
ing by this af1iant, as foreman of the Grand
jury of said city and county, an officer author
lied 10 administer oaths to witnesses appear
ing before said Grand Jury.
That SAID PODper was then asked the fol-
lowing questions: Q.-Do your books show
the length of time over which your contract
extended for sweeping the streets OF San
Francisco, in pursuance Of the terms
Of said contracts; the sums of money re-
celved in payment for such street-sweeping
and from whom received the amounts
of money disbursed in said business, and to
whom paid? Al decline TO answer, on
the ground that my answer will have tend
ency to subject me TO punishment for a felony
Q.-Are you acquainted with Christopher A
Buckley? Al decline 10 answer, on the
ground that my answer will have tendency 10
subject me to punishment for a felony. O.
Was Christopher A Buckley interested with
you as partner In your street-sweeping con-
tracts? Al decline 10 answer, on the ground
that my answer will have tendency TO sub
ject me to punishment for a felony. OWN
you answer any question concerning your
street-sweeping business, or the amounts of
money received by you in this business or The
amounts OF money disbursed by you In such
business? Al decline 10 answer on the
ground that my answer will have a tendency 10
subject me 10 punishment for felony.
Il therefore ask that said Macmillan Pepper
be cited TO show cause why he should not be
punished for n contempt of this court in re-
fusing 10 answer said questions.
SIDNEY NJ. SMITH"
Subscribed and sworn to before me this 18th
day OF September 1894.
FRANK NORTON, Deputy County Clerk.
Later in the afternoon Judge Slack made
an order citing Max Pepper to appear be-
fore the court on Monday, Sep EN- Der "a,
at 10 A. NJ, to show cause why he should
not be punished for contempt of court.
Judge Slack fixed Monday next for the
hearing because Presiding Judge Hebbard
Will have returned from his vacation by
then and may dispose of Max Peppers
case himself if he so pleAses.