The San Francisco call., 1897-09-29
He Was Asked Why He Ante
dated Appointments Of New
Supervisors.
HIS HONOR ANSWERED CHEERFULLY.
After Explaining the Situation He
Told Why he Called Upon the
Police to Assist the Board.

Commissioner Niles Searls of the
Supreme Court sat through the morning
OF yesterday listening to the evidence pre-
sented by the learned men who represent
the rival boards OF Supervisors.
The surging crowd was not present, and
the Commissioner opened the proceedings
by throwing out searchlight for facts.
Facts were all that was desired and facts
were presented by the basketful.
There was nothing particularly sensa-
tionaI about the testimony taken yester-
day. The attorney of the old Board of
Supervisors triea hard to disconcert
Mayor Phelan, who was the most import
ant witness of the day, but this signally
failed.
The whole effort of the attorney for the
ousted Board OF Supervisors seemed to be
centered on showing that the ousted board
had performed its duties and was only
prevented from the continuance Of such
duties by forcible ejectment.
Judging from the questions pTopounded
20 Mayor Phean by Attorney Gsrret Nc
Enerney for the old board, it would seem
al If it was the intention of the attorneys
for the late eight to charge that its GUST
in was the result OF conspiracy. 1t is
not at all unlikely that Mayor Phelan and
Governor Budd will be charged with con-
spiracy when the Morton petition to man
camus the Auditor to accept the tax levy
fixed by tne old board comes up for argu-
ment this morning.
The proceedings OF yesterday were not
particularly interesting. The representa-
tives of the old board questioned John A.
Russell CLERK of the Board of Supervisors,
al length. They made him tell all about
j -
appointment by Mayor Phelan and Gov
ernor Budd and asked him about every
detail OF the proceedings.
The old time clerk. however. did make
some statements that filed the hearts
of Messrs. McEnerney, Plllsbury and
CARRIER with Joy. In response to qnes-
tions as to the now eventful afternoon of
Sep,em Der 20, Mr.. Russell said be did not
see BRITT spill the new Supervisor, Mr..
Biggy out of his seat, but he saw him
elected forcibIy by the police Further
on he said the police entered the cnam-
bers of the board, and, In answer to the
question as to whether or not they were
orclbiy elected. said Captain Whitman
tapped ex-Supervisor Rivers and others
on the shoulder and ordered them to
yacate their seats.
The same attorney, by close question
ing, made 1t appear positive that the SER
geanI-at-arms had made an attem pit before
the ponce entered 10 IOTClpiy eject eA-
Supervisor Delany from his seat.
Deputy County Clark Frey and Notary
r. D. McEIroy testified to unim portant
matters and then Mayor Phelan was called
to the stand.
After the Mayor testified as to all the
matters leading up 10 the appointment of
the new board, and OF its proceedings
since appointment Attorney McEnerney
started TO examine him.
The appointments of the members of
the new board by the Mayor and Governor
we're in ev dence, but McEnerney wanted
to know when Mr.. Dres bach's name was
mentioned.
This started the most interesting exami-
nation of the day. McEnerney had
learned that although the appointment OF
the new Supervisors was considered by
the Mayor, Governor and other prominent
citizens on the night of September Is,
no decision as 10 appointments was
reached until alter midnight. He wanted
to know wien Mr.. Dresbach's name was
considered. Tue Mayor stated that it was
considered with the names OF number of
other gentlemen named and he could not
state the time.
The subsequent questions propounded
TO the Mayor showed that McEnerney
was leading TO an admission of The fact
that the appointments were made on the
morning of Septe M Der Is and that the
Mayor mad dated the certificates of ap-
pointment as having been made on Sep
lemher 10.
When he asked Mr.. Phelan why he so
dated the appointments the Mayor an
swered him that as the session at which
the appointments is were made commenced
on September Is he thought the certifi-
Gates should De so dated. In response 10
further question as to the reasons he
dated the appointments September Is he
answered, in iocular way, II presume l
did so because | am not accustomed to
sitting up al night, and thought of the
meeting having taken place on the day it
began"
The Mayor laughed after an admission