The San Francisco call., 1898-03-15
Judge Cook Decides That He Has No Jurisdic-
 ton to Try It.
The Grand Jury Must First Find an Indict-
 ment.
The Disappearance of Stanton Leaves the Case of the Prosecution
 Very w eak.

In the semi-darkness of Judge Cook s courtroom the trial of Dr. Ragan, charged with selling positions in the School De- partment, was called last evening, but, after a brief hearing, the case was dis missed.
 The proceedings opened with motion by H. $. Aldrich, attorney for the prose- cution, for continuance of the case. MT. Aldrich stated as his reasons that at the last moment Attorney Deuprey had with drawn and 1t was impossible to find Stan ton, who was the chief witness. Judge Cook ruled that while there had already been ample time to prepare the case. he doubted if he had jurisdiction to try IL without an indictment by the Grand Jury. Attorney Foote, for the defense, stated that they were wing to waive any tecnnicaltties that might arise from a lack of Jurisdiction, and urged that the case De heard.
 E. S. Kilpatrick was then called as the first witness for the prosecution, but he and his attorney managed to make an almost hopeless muddIe of the case m less than ten minutes. He first testified as to the number of years he had known Ra- gan, his business relations with him and the number of teachers employed Tn the Lincoln Evening School; that on January l, 1897, there were fourteen classes and twenty-eight teachers in the school and that teachers had been sent to him by Ragan.
 Were there any more teachers than necessary" asked MT. Aldrich.
 This question was objected to by MT. Foote, on the grounds that the court had no means of knowing whether the witness was competent to state how many teach CTS were necessary.
 Do you know If Ragan ever demanded money for the appointment Of teachersF The court permitted this question, pro- vided the witness would answer 1t direct 1x- Mr ri iolY duplicate himself, and declined to give a straight answer. He beat around the bush for a while, and finally his answers were ordered stricken out as irrelevant of Do you know if positions were sold?" met the same fate as its predecessor, and was also stricken out.
 The prosecution then started on new tack but met disaster at the outset. They sought to prove that Ragan had either knowingly caused an unnecessary mum Der of teachers to be appointed, or had neglected his duty in not informing him. self as to what teachers were necessary As there was no allegation of neglect of duty in the bill of complaint, these ques- announced his intention of dismissing the case as he had no jurisdiction to try it.
 While his Honor was making himself s9d on ponfS or 9w ana by tb attorneys for the defense for the weak ness of his case and was advised when he found h1mSel1 In SuCn pTeulCdIlenC again to withdraw decently, as his col league MT. Deuprey had done He took 1t all good-naturedly, however, and re- piled that he was not quitter, but would stay with 1t as long as there was anything to stay with"
 As soon as this ordeal was over, the prosecution had another to stand. Attor- ney Boyer objected to the quiet dismissal of the case, and argued that the prosecu- tion be compelled to substantiate some of the accusations they had publicly made against his client and that they also be cited for contempt of court.
 'These gentlemen" he said, "are cer- tainly in contempt and have trif1ed with this court, as they knew they had no case to present. As late as half.past to-day they were out searching for evidence. Mrs Clara Stark, vice-principal of the Hearst Grammar School, is in court will ing to swear that she was visited by Messrs Atherton and Fitzpatrick late this afternoon. They had with them an afi- davit to the effect that Ragan had tried to extort money for a promotion from her, and a subpoena which they would serve on her as soon as she would sign the affidavit. She refused to sign, but requested that the subpoena be served on her. As soon as they found she would not sign the affidavit they refused to serve the subpoena and withdrew
 Judge Cook declined to. take this advice. however and advised the prosecution if they stili.thought they had case against Ragan to bring it before the Grand Jury.