The San Francisco call., 1905-02-19
Accused Senators With an
Array of Lawyers Appear
Before Judge Hart, but Re-
fuse to Make Their Pleas
DEMURRERS FILED
BY THE ATTORNEYS
PostpOnement Is Allowed
to Give Prosecution Time
to Prepare Answer to the
Points Made by Defense

SACRAMENTO, Feb. lS.-Standing
al the bar of the Superior Court, Sen
ators Bunkers, Wright, Emmons and
French listened this morning to the
reading Of the indictments charging
them with the crime of bribery. They
spoke only to affirm the fact that their
true names were written in the in
struInents Of accusation. They did not
plead; did not ADMIT their guilt nor
essert their innocence, but sat down
and with anxious eyes watched their
counsel battle for their freedom on
technicahties of the law.
The accused were up for arraign-
ment before Superior Judge E. Q.
Hart. When the cases were called all
the accused were present in court eX-
cept BUnl1ers. He entered after his
name had been called and walked
down the aisle to a seat beside his
counsel. oblivi0us 10 the fact that his
head was covered with his derby un-
ul the fact was called TO his atten-
ton. Then ne uncovered in the pres
eEce Of the court and took his station
beside the prisoners dock, while Dis
uict Attorney Seymour read the in
osctment upon which he hopes to send
him TO the pe1itentiary.
The opening Of court found a full
array OF counsel in attendance. En-
mons. Bunkers and Wright were rep
resented BY ex-senator II. Y. More
house Of san Jose, counsel in chief,
and Attorneys Copeland, Jacobs,
James and Alexander, George d. Col
jins of San Francisco announced that
he was present in the interest of Sena-
tor Frank French. District Attorney
Seymour was reinforced by his assist
ant, J. r. Hughes.
The cases of several other prisoners
VI for arraignment were disposed of
and then the arguments on the de-
murrers began.
QUESTIONS AUTHORITY.
The main points made by ex-Sena-
tor Morehouse are that nothing in the
Indictment shows the committee of
which the four accused Senators were
members had any authority from the
Senate TO conduct Investigations of the
corporations named in the proceed
ings; that even if they had there was
nothing before them at the time they
are alleged to have taken the money
end finally that neither the Senate nor
The Legislature as a whole has any
power 10 investigate the affairs of pri-
vate corporations or individuals or
delegate TO any committee any such
authority.
IN answer 10 a QueSLiOn DN Judge
Hart. who followed the argument with
al the keenness that has given him
d Statewide fame as a criminal lawyer,
MOrehouse said he did not make the
contention that a matter regularly be-
fore committee of rile Legislature
was nor before the Legislature. He
admitted that il was. His contention,
he said, was that no such matter as
that which the Committee of Commits
CinnE had T7ndpF-T z affa
could legally be investigated by it,
even had il been regularly referred to
IT, which. he said, had not been done
in the present instance.
Bunkers was first called upon to
plead.
What is your plea?" asked the
court.
If it please the court" said Attor-
neY MOreh0use.. lit is our desire that
the defendants do not plead at this
time. Il is our purpose 10 demur TO
these indictments on special and gem
eral grounds. II is not our purpose
TO save every probable point that may
arise here for the purpose Of delaying
the hearing. We recognize that the
charges here are most grave, involving
as they do a violation of public trust
but we also realize that they involve
the present and future regulations OF
the defendants which have been di-
rectiy attacked"
FILES DEMURRERS.
Morchouse then filed a general de-
mUrrer TO the Indictment against
Bunl1ers and also a special demurrer
Wright was next arraigned and de-
rnurrers to the Indictment against him
fled as in the case of Bunkers. Attor>
neN Jacobs asked the District Attor-
ney if the testimony given before the
Grand Jury had been written UP and
Was informed that 1t had not: that no
stenographer was present. French,
visibly nervous. was next called upon