The San Francisco call., 1897-11-18

OF restitution induced the Grand Jury to
take lenient course, and no indictments
were presented against them, though it
is admitted by mem Der of the Grand
/ Jury that there were good cases against
all of the accused.
This determination was arrived at BY the
Grand Jury about two months ago, but
none of the Illicit fees have been refunded
! to the county. On Mondav a suit was in
/ stituted by the Board of Supervisors to
( recover from Beggs the moneys which he
! has admitted under oath he is not en-
/ titled to-
! 1t is alleged by one of the members OF
the Grand Jury taat this suit was allowed
10 be brought in order that Beggs might
appear 10 the pubic to have been mis-
! taken and not culpahle in the matter of
collecting double fess from the county.
!. But according 10 the expressed deter
mineton OF one OF the grand jurors the
end of this matter is not yet Tor any of
| the Justices. He claims that even though
restitution be made an offenss has been
| committed that renders the offender sub
! iect to peachment and to custer from
| office. and that the Grand Jury should
| take action.
/ He added the only thing that mi ght
prevent the jurv frcm acting would be the
fact that the officer who is sworn to prose
cute cases OF this kind is a brother Of one
| OF the persons against whom the charges
are made. He declared il the Jury felt
! the indictments would be prosecuted in
the proper spirit, there would not be the
! least hesitation in returning them.
After long ana careful deliberation of
| the various offenses lad at the door OF
| Justice Dvyer, the Grand Jury, by
vote of Is to 3, about six weeks ago deter
mined to return two indictments against
( him. The District Attorney, B. A Her
rington, was called i'll ard the papers were
! duly made our, but owing to the lateness
of the hour were not presented to the
court that day.
The following dav, so it is alleged by
one Of the grand jurors. Judge Lorigan.
without invitation aud in violation of the
law, entered the Grand Jury room,
claimed that the indictments were not
legally we'll founded, and insisted that
they be not presented. In the course of
his remarks to the Grand Jury he is said
to have used the following or language
something to the same effect:
Il want it understood that this Grand
Jury is not going to fly in the face of my
advice; l am not to be stultifed by any
| action OF this Grand Jury"
1t is further alleged by a member of
the Grand Jury that three or four days
before the indictments were found the
matter had been submitted to Judge Lori
gan, and he had informed that body that
Dwyer was indctabe for felony.
One OF the indictments against Dwyer
was based on the fact that he had failed to
account for $4 30 collected a cost. or a
fine from Josephine Hodges on June 49,
1897. The other was founded on he fact
that Dwyer had failed to pay over $25, de.
posted in court pending the decision as
to its ownership TO Attorney Gabriel tor
the latter's client.
According to the idea of the grand
jurors who had voted to bring in the in
dictments these offensps constituted
| felony. Judge Lorigan, however. as un-
derstood by some Of the grard Jurors.
elaine ed that as the amounts were under
$50 only a misdemeanor had been COM
mitted.
According to t e opinion OF some of the
grand Jurors the amount involved cut no
figure, as they held that the offense com
m!tted was the unlawful retention OF
moneys beloncing to the county, and this
is felony regai dless of the amount Act.
ing, however, under the emphatic instruc-
tions OF Judge Lorigan, one OF the Jurors
made a motion to wit hdraw the indict-
; ments, and the motion was carried by an
almost unanimous vote.
Some of the members, it is stated, voted
for The withdrawal, simply through a
feeling of disgust, and because they felt
that under the circumstances it would be
useless to attempt TO do any hing else.
In an interview had with a member OF
the Grand Jury tonight, he stated that
the matter OF alleged corruption in connec-
tion with the sewer contracts would be tax.
en- up, in all probability, on Monday next
and tn at the Mayor an the iour Council
men would be investigated in reference to
their course in these and other matters,
con ncerning which rumors OF Doodle b ave
filed the air for some time past.
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