The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-08
Contest Against the AssembIyman
Withdrawn Without Apparent
Cause.
This Sudden End to the Matter Created Great
Surprise = The Man From Mexico Now
Has Another ImplacabIe Foe.

! Dan Burns 4 four years Job on good
salary under County Clerk Hamilton
if he would consent TO tie himself up on
the Senatorial question. J. B. Wright
Of the Southern Pacific, he was told,
had been promised a position in the
Clerks Office which was still at his
disposal and this position Brooke
should have if he would bind the agree
nant He was assured that Wright
would see him through and that HamiI-
ton would stand for il. He took the
proposition under consideration and no
further connection OF Hamilton with
the case came TO light until yesterday.
when evidence connected with him
proved conClusively that the contest
against Brooke was not a bona fide
proposition and never had been
When ElwOOd Bruner, as attorney for
Johnston, appeared before Justices
MerkeIey and Henry 10 withdraw the
contest. he was told that a motion for
withdrawal was not necessary, as
neither Of the Justices had ever been
commissioned by County Clerk HamiI-
ton 10 take evidence in the case.
The law governing election contests
provides that two Justices Of the Peace
shall be duly commissioned by the
County Clerk TO take evidence, the evil
dence 70 be afterward transmitted TO
the Clerk and by him given into the
hands OF either the Assembly or Sen
ate, whichever house the contested seat
be in.
Clerk Hamilton notified the two Jus
tees that the case would come before
them, but did not give them their COM
missions. When asked for them he put
the matter off and intimated that they
were really not necessary and that the
case might proceed without them until
he had more time. When asked by a
I
them he said positively that he had.
bur this claim was proved false BY the
combined denials OF Justices Henry and
Merkeley.
Finally the court gave up looking for
its commissions and decided 10 do pre-
cisely what Burns and his gang hoped
il would do: Take the evidence with
out being duly commissioned. begin L
bogus proceeding which would have the
BroO--e. but which. if their CrUokedness
ever came TO investigation, could not
be used against them because Of its
Illegally. This morning was set as the
day for taking testimony and both
parties 10 the suit were notified Assem-
blyman Brooke subpeuaed over a score
Of wi -nesses. prepared 10 fight the COM
bination against him 10 d finish.
Then came The Calls expose OF the
whole crooked scheme with all its
ramifcatiOns aid the gang lost no time
in getting out from under by issuing
orders 10 Mr.. Johnston to have the
suit killed A further evidence Of the
bad faith in which the contest was
brought is the course taken by the
plaintiff himself. When he was asked
for a list Of the witnesses he wanted
subpenaed he refused TO give one and
when asked how he proposed 10 con-
duct his case without them he replied
that he would notify them verbally and
they would be on hand when wanted
None Of them were ever heard of and
none Of them turned up to-day when
the case was called in Justice Henry :
court. BrOoke's witnesses, however
did turn up AMI just now they are out
looking for their fees. The court as
sessed their charges 70 neither party
70 the suit A nuuber of them Travelled
over roads knee-deep in mud for twenty
or thirty ! lies and left their employ
ment in order 10 be on hand. They all
feel that they are entitled TO compensa-
ton and are looking 10 Johnston for it
Johnston, however, quietly left town
last night for his Richland ranch and
failed 10 turn up to-day when called
for. Assemblymau Brooke proposes 70
see that his witnesses get their money
II he has 10 pay IL himself and sue
Johnston for reimbursement Mean
while he is quietly waiting for Tuesday
with a vote for Senator and q good
sized smile up his coat sleeve.