The San Francisco call., 1895-12-21
Eighteen Members of the Jury
Joined in the Prolonged
Discussion.
FIRE DEPARTMENT INQUIRY
EX.Auditor Smiley Testifed-The Fire
Commissioners Will Appear at
the Next Session.

All OF the members of the Grand Jury
except one were lined up to attend the ses-
sion yesterday. Word was passed around
that the proceedings would be very impor-
tant, and while outsiders were led to be-
1leve that the investigation of Fire Depart
ment affairs would be the main purpose of
the meeting the insiders knew that the
Ashworth case was the real business in
view.
For nearly two hours the jury discussed
the motion to lodge another accusation
against the Superintendent of Streets. and
when the jury adjourned for the day Cap
tain Eldridge, the foreman, admitted that
the newspapers in time would have a COM
munication to publish.
1t was ascertained later that the Ash
worth matter had been finally considered,
and that the result OF the deliberation sus-
tanned fully the position taken by George
w. Elder, expert of the Board of Super
Vlsors. That final action was taken is ac-
'knowledged; that the action was impor-
tant is admitted, and that an accusation
has been formulated against Thomas Ash
worth, more serious in its character than
the first one presented. is not denied.
A double-riveted in junction of secrecy
was placed on the members of the Grand
u
tions, but facts have come out sufficient to
establish beyond the shadow of doubt that
the Grand Jury will present to Judge
Sanderson next Monday or Tuesday a
communication asking for Mr.. Ashworth's s
removal from the office of Superintendent
of Streets, on the grounds of official mis-
conduct
George W. Elder, who had made several
reports to the Grand Jury concerning the
loose management of the Street Depart
ment and the inferior work accepted, does
not want to be regarded as a prosecutor of
Mr.. Ashworth. When requested BY the
jury to examine the work, he made the
examination of the work specified, OBJ
tanned specimens of material used and re-
ported the simple facts as they existed.
His report on the sidewalk at the corner of
Harrison and Hayward streets, was made
in writing. Charles D. Clinch of the
Grand Jury was detailed to make an in
dependent inspection of the work. 1t is
said that Mr.. Clinch did not find the work
as bad as Mr.. Elders report represented it
to be.
There NAV have been some difference of
opinion on the Job, but that is said to cut
no figure in the main proceedings against
Ashworth. The testimony of the Superin-
tendent of Streets-his own admissions to
the Grand Jurv-convinced many of the
Jurors that the department was not con-
Quoted in proper manner. Specimens of
material used and personal inspection of
accepted work on Laguna street, be-
tween Oak and Fell, had much weight in
shaping the judgment of the Grand Jury.
The testimony of Mayor Sutro, corrob-
Grated by the testimony of Expert George
IT. Gaden and the evidence OF Mr.. Rogers.
the Mayors private secretary, was clearly
to the point that the Superintendent of
Streets gave his personal assurance that
the pavement of the Laguna-street block
mentioned strictly conformed to the speci-
fcations of contract. Some doubt which
Mayor Sutro had entertained concerning
the work was removed when Mr.. Ash
worth gave this assurance, and upon this
statement of the Superintendent the
: Mayor signed the assessments.
. The Grand Jury found the work to be
defective-that concrete and cement had
not been used in the manner or according
to the quality prescribed by the specifica-
-tions. The statement was made by Chris
: Buckley and many other political friends
:of the Superintendent that the ''old man
ameaning Ashworth) was honest" Men,
ibers of the jury agree that he is honest,
sbut the testimony that he was irrespon-
,sible and incompetent could not be ignored.
A strong effort was made to prevent any
Surther proceedings by the Grand Jury
after Mr. Ashworth's acquittaI in Judge
Murphy's court, and that the effort was
very nearly successful can hardly be dis
,puted by mem bers of the Grand Jury.
= The Fire Department investigation yes
terday afternoon somewhat resembled a
.1fiasco. 1t is custom of the Grand Jury
ito give the secretary the names OF wit
rnesses desired and the secretary thereupon
required Officer Hogan in the District At
'torney's office to serve the subpenas.
: Last Monday the secretary, j. J. Groom
was asked to summon ex-Auditor T. j.
IL. Smiley and the Fire Commissioners.
Through some inadvertence or misunder-
standing Mr.. Groom omitted to mention
the Fire Commissioners, but simply asked
Mr.. Hogan to call Mr.. Smiley. Surprise
was manifested yesterday when the Grand
iJury was told that the Fire Commissioners
had not been subpenaed. VIZ. Wiley was
sure that he had requested the secretary
to call them. Mr.. Hammersmith said
nothing on the subject, and Mr.. Groom
said he did not understand at the previous
Injecting that the jury wanted them. The
trouble was adjusted by an agreement to
request the Commissioners TO come before
the iury next Monday afternoon.
" Ex-Auditor Smiley's testimony was
brief. As related in THE CALL some days
ago he testified that he refused to audit
the demand of Engineer Mills, whereuron
imandamus proceedings were instituted to
compel the Auditor to sign the warrant.
Judge Sanderson heard the case and de-
cided it in the Auditors favor. The wit
ness admitted that he subsequently, at the
request of leading underwriters, did. as
Auditor. approve the demand, notwith-
standing the decision of the court.
The point is raised that the City Is now,
contrary to the law as expressed IN Judge
decision, paying the salaries
of certain engineers OF the departments
The Fire Commissioners contend that the
service demands the employment OF these
engineers.
The Grand Jury yesterday fixed the time
for ad diournment sine die for Tuesday, De-
cember "a A resolution had been passed
fixing the time December 27 but it was re.
scinded yesterday at the suggestion OF
Judge Sanderson, who is exceedingly
anxious to impanel another Grand Jury
during his term as Presiding Judge OF the
Superior Court. Three more sessions OF
the existing jury will be held-one Mon
70 nd the final session Tuesday.