The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-04
TO INVESTIGATE.
The Grand Jury Asked TO
Take a Hand
IN POPPER's BRIBERY CASE.
Candidate Kelly Restless Under
the Charges.
BUT MAX STANDS To HIS GUNS.
Says If Kelly Did Not Pay the $3.50
to the Supervisors He Must
Have Kept 1t.
BUT MAX STANDS To HIS GUNS.

Joseph Kelly, Democratic candidate for
Congress from the Fifth District, charged
by Max Pepper with having paid for him
to Phil Crimmins $3.50 month blackmail
in the street-sweeping contract matter,
will not remain quiet under the charge.
which has wrecked his hope of election.
A few days ago he stated that he would
appeal to the Grand Jury for an investi-
cation, and yesterday he carried his in
tention into effect by addressing the fol-
lowing letter to the foreman of the Grand
Jury:
Hon. Sidney BE. Smith, Foreman of the
Grand jury OF the City and County of San
toned as the person through whom the sum OF
$500 per month was paid to Philip CTlmmnS
IN regard TO the street-sweeping contract ex-
listing between Max Pepper and the city and
county, and the charge by Pepper that the
money was paid for improper purposes, l deem
II my duty as citizen and in the interest of
truth and justice 10 request your honorable
body TO Immediately investigate this matter,
and promise you my every assistance 10 bring
10 light the truth connected herewith. Having
the consciousness Of innocence l request that
you permit no delay In taking up the investig8-
tlon. Yours very respectfully,
JOSEPH P. KELLY.
Ever since Max Peppers confession that
he gave $3.50 monthly to Kelly to be paid
to Crimmlns, Kelly and his friend Colonel
Kowalsky. have been very busy denying
the story. They have been to Phil Grim
Minis about 1t. and received from him a
statement to the effect that he never re-
ceived the money from Kelly. This assur-
ance kOwalSky has been using as cOrrobO-
rative of kelly,s denial of all knowledge
of the affair. But it must be confessed
that Notwithstanding Crimmins' reputa-
ton for truth and prObity and all that is
honorable in politics and bOoding his
assertion has not been accepted as proof
positive of the innocence of Mr.. Kelly. To
add to the awkwardness of the situation
Max Pepper still declares that he gave the
money to Kelly to be paid, and that Kelly
had afterward told him that he had paid
it. IF be didn't pay it," says Pepper,
The must have kept it." In addition to
this, Christopher A. Buckley, VINO was in
the city yesterday, says that Pepper told
him two months ago that this money had
heen paid to Crimmins, so that if Mr..
Kelly desires to be cleared Of this damag-
ing imputatiOn he must take some more
convincing method of establishing his in
nocence than that of getting denial from
Phil Crimmins. He has realized that fact,
and hence his petition to the Grand Jury.
Speaking of ke1ly'S request to the Grand
Jury District Attorney Barnes, last even
ing, said that the matter would undoubt-
eddy be taken up for investigation In the
very near future. AS the District Attor-
ney of this city and county. he said. he in
tended urging upon the Grand Jury that
the matter be looked into carefully.
''Ot course" said Mr.. Barnes, 81 have
no more TO do officially with the delibera-
ton of the Grand Jury than any private
citizen. In certain sense l may be re-
garded as its adviser. but it has the right
to ignore or overlook my suggestions, as it
sees fit.
6Tbjc ooD,1op1ioofioc ofINI, UoIt-y.
very properly addressed to Sydney NJ.
Smith as foreman of the Grand Jury, aud
by him will be presented to the other
jurors when they next assemble. l will
strongly urge that the bribery aspect of
the case be thoroughly investigated.
"You will readily understand that the
mere act of Kelly in taking money from
Pepper and handing it over to Crimmius
does not constitute a crime of any sort.
To make charge of bribery out of it he
connection must be established between
Crimmins and the mem bers of the Board
Of Supervisors said to have accepted this
money. II does not remain with Mr..
shall be investigated or not his fellow
Jurors having voice in the matter.
Backed by the recommendation of the
District Attorney l feel quite sure that
Mr.. Ke!ly'S suggestion that he be made
the central figure in Grand Jury inves-
tigation will be complied with"
What the Grand Jury will do or will not
do is difficult matter to solve at this time.
lis deliberations are secret and it has been
suggested by several lawyers that the
foreman would be violating his oath BIZ
telling in advance what they intended do
i0g.
1t will be seen from the remarks of Dis
trict Attorney Barnes that a Grand jury
investigation will have to bring out the
fact if fact il is of Kallv's knnwladoa NJ
the uses to which Crlmmins put the $3.50
per month before an Indictment can be
found against him. Pepper may have
taken 1t for granted that he knew, but be
must, and undoubtedly will. bring forth q
few more particulars.