The San Francisco call., 1896-10-02
THE SOLID SEVEN
SMILED SERENELY
ReSolute Fight to Exclude
Testimony Offered by
the People.
Late Grand Jury and Expert
Horace Dunn Roundly Roast.
ed by Counsel.
LEVITY OF THE ACCUSED.
The Court May RUE To-Day on the
Motion to Shut Out Certain
Testimony.
LEvITY OF THE ACCUSED

The seven Supervisors who were accused
of corrupt misconduct by the late Grand
Jury have quite an array OF legal talent
employed in their defense. Yesterday
Judge Seawell listened to arguments sub
mitted by Joseph Campbell, Patrick Reddy
and John H. Dickinson in behalf of the
accused. Supervisors Hughes, bunker,
Morgenstern, Wagner and King were in
court all afternoon, and seemed to be
highly delighted when Joe Campbell
lashed the Grand Jury and roasted Hor-
ace D. Dunn, the expert.
The engagement of Joe Campbell and
Pat Reddy cuts no small figure. 1t may
represent at least $1,000 to each of the ac-
cused Supervisors.
The first witness called yesterday on be-
half of the people was II. c. Farquharson,
a clerk in the office of the Board of Super
vlsors. He produced the minutes of the
board sitting as Board of Equalization.
Hugo Herzer, Chief Deputy Assessor,
was asked as to the value of the property
of the Market-street Railroad Company.
Here the counsel for the accused inter-
posed an objection and fought vigorously
against the introduction of testimony
which might show that the Superyis-
ors had undervalued corporate property.
The District Attorney may haveit in mind
to show, when the Spring Valley count
is reach ed, that the Supervisors allowed
the company interest on an investment of
twenty million dollars when water rates
were fixed in February. The following
month, when the property was listed for
taxation, the value, in the judgment Of
the Supervisors, had greatly diminished.
Facts were published in The CALL
showing that officers of the company went
before the board and presented q valua-
ton of twenty millions when water rates
were under discussion. The proposition
was so plain that mass-meeting at Metro
politan Temple readily comprehended it,
but there the ''rules of evidence" were not
invoked to obscure the facts.
District Attorney Barnes is on the sick
list. aud did not appear yesterday. His
assistant, Mr.. Hosmer, had to encounter
single handed the big lawyers from the
Crocker building. The jury was not pres
ent to listen to the argument. bat still the
fact may yet be presented in legal form to
the Jury of twelve that when it comes to
an adjustment of water rates the corpora
ton must have interest on $50, ,000 900,
which the people are compelled to pay,
but when it comes time for the corpora
chise the shrinkage in value is enormous.
As the Supervisors determine the valua-
tion IN both cases, the accused seven may
be put on the witness-stand to explain the
astounding fuctuation.
Mr.. Reddy submitted authorities to
show that the Board of Supervisors sit
ting as board of equalization had Judi
cial functions to perform. The only ques-
ton to be considered he said, was
upb ofbor tho SnDorvicors randarad cor.
rupt decision. 1t cut no figure whether
the valuation was great or small. The
Supervisors were charged to perform a
certain duty-to hear applications and
render judgment after listening to sworn
testimony. Rules of evidence would not
permit the introduction of testimony to
show that the valuation was not correct.
The only point to be considered was
whether the Supervisors were corruptly
influenced.
J. G. Campbell spoke for more than
an hour during the afternoon. He
quoted from the constitution to
show that property should be as
sessed at its actual cash value, and
then turned to the record showing that the
Grand Jury's own figures contemplated
an assessment at one-half the cash value.
Dunn, the expert, and the Grand Jury, he
remarked, robed themselves in garments
of righteousness and invoked the law to
blacken the Supervisors. In face of their
oath, they advised an assessment at one
half the cash value. If the law could be
invoked to blacken the Supervisors, it
could with equal justice be invoked to send
the Grand Jury to the penltentiary. The
men who prepared this sneaking ac-
cusation, be said, are more corrupt than
the Supervisors. The law says that the
Supervisors must acton the evidence pre-
sented to them. Being placed in that
position, who can say that their judgment
was corruptly rendered.
King, Morgenstern, Hughes and Dun
ker smiled approvingly as Campbell con-
tinued his roast.
General Dickinson did not take much of
the courts time. He said his clients were
not only willing bat were anxious to di-
rectIy meet the charge of corruption, but
be desired that it should be met in a
proper way. They do not want, he said,
to be held to difference of opinion as to
value of a franchise.
The court indicated that the knowledge
of the witness regarding values might be
tested before the question was answered.
Assistant District Attorney Hosmer pre-
ferred to reserve his argument until to-
day. By consent an adjournment was
taken until this morning. The court signi-
flying that a session would be held
O.