The San Francisco call., 1905-01-31
TRIAL OF ELLIS
AGAIN PUT OVER
De-
fer Reluctantly to
Grand Jury.

once more IN OeIerenCe 10 tAle vi
Jury the hearing Of the charges
against Sergeant Ellis in connection
with the Chinatown scandal was post
poned by the Police Commissioners iasI
night. They were not in yielding mooo'
however, and in fact had begun the
inquiry when they were prevailed on oy
District Attorney Byington, who hao
arrived meantime, to put the matter
over another week
The request from Foreman Andrews
for another continuance came rein
forced this time with a letter OF rec
ommendation from Judge Lawlor. i es-
terday morning the Grand Jury made
q report to the court wherein II was
set forth that the jurors had very i'm
portant information in their possession
as to gross corruption in Chinatown.
involving several policemen, and that
the plans for going to the bottom OF
the scandal would be frustrated II the
Police Commission proceeded with Its
investigation and forced the witnesses
to disclose their testimony. Confessions
of several policemen that they accept
ed money from the gambling games
had been made, 1t was said, and money
that had been passed IN bribery was
in the iurys possession.
Though the Grand Jury refrained
from specific statements, Judge Law
lor regarded it's general statement of
what it had done and what 1t might do
sufficient to justify him IN asking the
Police Commission to hold it's hands of
lin the interest Of Justice"
JURORS TOO INDEFINITE"
When the communication had been
read by Secretary Cadwallader and the
Commissioners had perused the Grand
Jury's report, Drinkhouse expressed
his opinion that there was nothing
definite" in the mass Of typewriting.
Chairman Poheim also thought the re-
port of the Grand Jury was too indef-
mite" The Commissioners wanted
more Of the inside information" that
had not been divulged. for to them 1t
was not clear whether the public in
Quisitors had evidence Of any impor-
tance or not. Furthermore, there was
no enlightenment as to how much more
time would be required by the jurors.
The report of the Grand Jury says
that several policemen have made con-
fessions," spoke UP Poheim. and If
that is the case we want to know 1t.
If any policemen have confessed that
they accepted money from Chinatown
gambling games they ought to be dis
missed from the department. We have
been waiting five weeks now in defer
ence to the Grand Jury and 1t is about
time we know who those corrupt po-
Icemen are. They are all on duty still
as peace officers.
1T understand that the Grand Jury
has promised to save the men who
have confessed. I want to say that
this commission has not given the
Grand Jury authority to give any such
assurance, 30 far as standing in the
department is concerned. If any po-
nceman Is found to have accepted mon
ey In Chinatown he will be discharged
from the force"
It was then decided unanimously by
Commissioners Poheinl, Reagan and
Drinkhouse to proceed with the trial
OF Sergeant Ellis on the charges that
ex-Commissioner Hutton preferred sew
eral weeks ago. Hutton was on hand
as a witness, having been subpenaed.
The clerk read the accusations, which
were that Ellis permitted gambling in
Chinatown while in command Of the
squad for that district and that on the
night or Huttons secret visit to the
quarter for the purpose of inaugural
ing a raid the sergeant had informed
the fantan managers of his coming.
ELLIS PLEADS NOT GUILTY.
Ellis was asked his plea and he an
swered mot guilty" But he insisted
that he was not ready to go ahead with
the hearing. not having counsel, for the
Grand Jury and District Attorney By
ington had advised him that the COM
mission would grant another postpone
ment.
But the Commissioners announced
themselves as wearied of the dilatori-
ness of the Grand Jury. They have
had five weeks now in which to prose-
cute this matter" complained Chair
man Poheim. They appear to have
made no headway and have been de-
voting themselves to other things"
So the crestfallen sergeant, who,
of a measure of sympathy, was or
dered to take his seat as a defendant
before the bar of the commission.
Hutton was called and sworn. Chief
Whitman proceeded as interrogator.
Two preliminary questions as to name
and former official position had been
asked when District Attorney Bying-
ton arrived. He urged that the eff
forts Of the Grand Jury to expose cor
ruption should not be interfered with,
as would be done if the commission
examined the witnesses
Hutton suddenly spoke up with q
declaration that as the prosecutor in
the case he ought to have something
10 say, and he declared it would be al
together unfair to Sergeant Ellis to
proceed without giving him opportun-
ity to obtain counsel, now that 1t ap-
pcared that he had been misled as to
postponement. Hutton said some
complimentary things of Ellis record
ard made appeal in his behalf for a
continuance.
There was more whispering among
the Commissioners, more discussion
with Byington and then they changed
their former resolution and decided
to give Ellis another week The cases
against the other accused policemen
We're put over to two weeks from last
night.
Policeman Michael Murphy, who
was suspended when It was thought
tnat ne mad caused the death of Inhn