The San Francisco call., 1897-03-23
IND|CT MENTS
HANGING OVER
THEIR HEADS
Three Assemblymen Likely
to Be Prosecuted
in Court.
BERT PACKARD DEMANDS
AN INVESTIGATION.
Dec ares That He Did Not Send the
kilograms Made Pubic in the
Legislature, and That He Has
B en- Usjus.ly Accused

been corruptly used in the Assemb bly, t
secure the passage of the coyote claim:
bill.
The prospects now are that two Grand
Juries will soon be taking hand in thi:
melodramatic legacy OF the Legislature
One may be engaged in investigating the
alleged corrupt connection of Bert Pack
ard with the passage of the bill The
other may be asked to weigh the evidence
Nor charge of criminal conspiracy
galpst the sanctitv of telegraphic dis
patches to be preferred against Assembly
men Burnett, Anderson and MeIick ano
the proprietor of the Examiner.
q There is no doubt, as will be seen from
the subioined interviews with Superin
tendent Jaynes of the Western Union
Telegraph Company and ex-Judge R. B.
Carpenter, the attorney of the COMPANY
that criminal proceedings are to be insti
tuted against the three Assem- blvmen
who composed the subcommittee which
seized the box of kilograms at the Sacra.
mento railroad depot. While it Is known
that the Examiner placed money and
other means at the disposal of the COM
mlttee to enable it to carry out its alleged
b unlawful seizure of dispatches, there is
some question as to whether it can be con-
nected legally with the final consumma-
tion OF the act. If this can be established
the proprietor of that journal will also be
proceeded against.
Bert Packard has turned up at Sacra-
mento and in an interview with a CALL
correspondent, given in another column,
asserts his. innocence and declares he is
anxious for an investigation.
In the capital city the general opinion is
that no money was paid for votes to pass
the coyote bill, and if any Was paid to
Packard he retained it all for his own en-.
richment.
In the dying hours of the Assembly q
resolution was passed requesting Attorney
General Fitzgerald 10 defend the mem bers
Of the coyote bribery committee in any
action that might be brought against
q them. If a civil action were to be insti-
tuted he could, and undoubtedly would.
appear in their behalf, but he is debarred
by reason of being the States chief legal
prosecutor, from defending any person in
a.criminaI action. If any State official
were charged with a criminal offense his
duty would call him to the side of the
prosecution. For these reasons it can be
sta ed as a fact that he will not defend the
three com mite men should an Indictment
be found against them.
Superintendent Jaynes of the Western
Union Telegraph Company was somewhat
seized telegrams Yesterday, declaring that
it was In the hands of the company's at
torney, ex-Judge r. 3. Carpenter. But
he felt too keenly the manner in which
the company had been treated not to take
advantage of the opportunity to explain
its position.
"They used force" he said, "to compel
the agen: of Wells, Fargo & Co. to give up
the box OF dispatches. No subpoena had
been issued for it and there was no posi-
hIe excuse for the violence they used.
The committee showed an utter disregard
OF good faith. They had promised not TO
resortto this method, as We had agreed to
produce the telegram for which they had
issued the subpoena. Chairman MeIck
said that was all that was required and
declared the committee would take no
further action in the matter so long as
the box was being brought back to Sacra-
mento.
Under the circumstances there is moth.
ing for the company to do but to pursue
this matter as far as it can so as to protect
its business. As none of these three men
can be reached in civil suit for damage.
owing to their financial standing the mat
ter will have to be referred to the Grand
Jury in order TO meet the issue and make
a proper test.
''Some criticism has been made on the
com pany's action in sending the messages
out of the State. They were sent away
before any processah had been issued, and
even if they had been placed beyond the
Jurisdiction of the com mlttee l should not
nave refused to give up any message that
had been properly and legally ordered to
be produced. That the com pany has acted
in perfect good faith is shown by the fact
that the message sent to Constable Long
at Truckee was promptly delivered. Ii
could have been held at the office in
Truckee. We were not called upon to
send out and find the constable.
"To prevent any similar occurrences In
the future all Sacramento business, dur
ing the session OF the Legislature. will be
mailed out of the State at the end OF each
day.e We Will never take any chances OF
such high handed outrages in the future.
Burnett got up in the Assembly and
stated that / broke in the door. That Is
entirely untrue. Some one inside opened
the door 10 ad NIT some body and crowded.
IN after him. In the confusion resulting
from my appearance small table was
overturned and Burnett, in his excite
ment, ordered the sergeant-at-arms to ar
rest me. l entered Simply to be able 10
identity the men, and said was ready to
go. Burnett then ordered me sent to jail.
The sergesnt-at-arms replied he had no
authority to send any one 10 jail.
~ do not think the mem berS who voted
for the reading OF those telegrams were at
all to blame. They had the messages be-
fore them and it was not their business to
inuuire as to how they came there. Ii l
were a member / think | should have
voted for their reading."
Judge Carpenter, while declining TO
state specifically what course he proposed
TO pursue on behalf of his clients, spoke
freely concerning the exciting episode at
Sacramento in its legal phase.
. 80 far as the facts are concerned" he
said, 1.-THE CALL is in possession of most
OF them Three mem bers OF the commit
Zee out of the nine issued subpoena on
Mr.. Sent the Sacramento manager OF the
Western Unnon Telegraph Company, to
produce a telegram sent from the Sacra-
mento office to Bakersfield, directed TO
Blodge. and signed Bert" Mr.. Semi Is
an old gentleman, over 80 years OF age,
very infirm in every way, and ne. III
obediepce TO the subpoena, appeared and
then asked them to be allowed TO consult
counseI. The Examiner was represented
by Mr.. Clunie, and Mr.. Clunle lnslsted
that he had no right TO counsel, ana th's
fraction OF the committee SO decided.
s.TEe dispetches had been sent away Dy
Mr.. Sent. and he told this committee that
he had sent them away and where ne ha9
sent them. The committee teiegraphed
to a Constable at Truckee to get them,
and at that stage of the proceedings ar
rived in Sacramento and had an inter-
view with the committee. spoke with
its chairman, Mr.. Melick, and he told me