The San Francisco call., 1905-02-14

HARSH LANGUAGE ONLY
WEAPON OF ACCUSED.
Beitle Witnesses and Agent Jordan, but Fail to Prove
Innocence OF the Four Senator'S.
Special Dispatch to The Call.


SACRAMENTO, Feb 13.-After ar
gument. remarkable for the bitterness
displayed by counsel for the accused
and also remarkable for the calmness
and lf-controb displayed under trying
circumstances by counsel for the prose-
cution so-called the case against Sen
ators Emmons, Bunkers, Wright and
French was submitted late tonight for
decision by the special investigating
committee Of the upper house of the
Legislature Attorney Thomas V. Ca
tor argued the case, or rather abused
the prosecution on behalf of the de-
PENDANTS, and Gavin McNab analyzed
the evidence introduced in support or
the affidavit given by William Corbin
upon which the investigation was held.
1t was after o'clock when Chairman
Belshaw raped for order. The word
had gone out that it was F'rench'S in
tention to come before the committee,
accompanied by counsel and demand
that he be heard, Notwithstanding the
decision of the Senate that the rights
of the people should not be jeopardized
by allowing the accused to take the
stand and thus immune themselves
from prosecution in the criminal courts
of the State. But If French had any
such ideas he abandoned them before
the hearing was called. He remained
in his seat during the argument, ap-
parently we'll pleased with Gators
Vituperative methods. Bunkers re-
mained in the lobby, smiling broadly
as his counsel damned his accusers as
the offscourings Of hell, the creatures
of San FranciscoS sewers, liars,
perjurers and self-confessed felons.
Neither Wright nor Emmons was in
evidence. The report was in circula-
tion to-day that Wright had deter
mined to turn States evidence, but
this is fatty denied by counsel for the
accused, who say that neither of their
clients has anything to confess, so con-
sequently none of them could turn
States evidence if he so desired.
PLEA OF ACCUSED.
Before launching into his argument
Gator presented a petition on behalf of
the accused, the main plea of which
IS that the Senate do not condemn the
accused until they have had fair and
impartial trial in a criminal court 1t
being the contention of the accused
that if the Senate find adversely to
their interests it will influence the re-
turn Of a verdict against them in the
trial they must undergo for their lib
erty. This petition is as follows:
report upon the guilt of said accused Senators
being made herein until verdict shall have
been rendered by jury upon the indictments
now pending In the criminal courts of Sacra-
mento County because such report Is sought
by the persons prosecuting before this commit
tee for the purpose OF prejudicing such ac-
cused in the trial to be had in such criminal
courts and to be used to influence and bias
the minds of the people Of Sacramento County.
from which jury must be drawn TO try the
accused and because report by this commit
tee might deprive the said accused from OBJ
tanning an impartial jury and a fair trial lpon-
such indictments
Second. because it is the practice of the
Senate OF the United States to raise
committee TO report against or question the
seats OF Its members charged with bribery
upon which criminal indictments are being
prosecuted until after the verdict of a jury
and the afhrmence thereof as is witnessed in
the cases OF Senators Mitchell of Oregon and
Burton Of Kansas now under indictments for
ators in violation of law. who still sit in their
seats in the Senate of the United States.
Third, because in the present the per-
sons prosecuting these accused Senators before
this committee. having given all their testi-
mony under oath before this committee hav-
ing objected to the accused being heard in the
same manner
Fourth, because the District Attorney of
Sacramento County. having taken the entire
case before the Grand Jury OF said county and
having procured indictments in the criminal
courts and having applied to the Senate of
California to prohibit the accused from making
their defense under oath in the usual manner
and the Senate having granted such request
to be sworn and give their tstimony as the
prosecution has done: and in the usual way
such action on the part Of the Senate amounts
to turning the case over to the District At
torney and the criminal courts for trial before
the accused are heard in defense by the Senate
in the usual manner, and therefore il Is not
right just that report under such circum-
stances should be made by the COMMITTEES upon
incomplete evidence: which report might pre-
and fair jury in the courts OF said county
INDICTMENTS FILED.
Fifth because on the OF February 10.
when the accused Senator's were still Defend
ing themselves before this committee and
as said committee was about to meet the
prosecution caused indictments 10 be filed ar
ter Z o'clock p. m. against the accused by
sending for a Judge to his house and procur-
ing bench warrants to be issued thereon and
arrested three of the accused and sought the
fourth and took them away from their de-
defense, although no suggestion exists that
there was any occasion arrest such accused
at that unseemly hour or Inappropriate time.
That the accused have each arisen in their
seats in the Senate of California In the pres
ence OF the Senate and OF the Senators on this
committee and upon tho reading OF the said
affidavit Of said William Corbin each of said
accused solemniy and with all the power pos
sible tc perscrs not under oath, did each
deny for himself all the charges of bribery
contained in said affidavit, which statements
stand the denial of the accused who, be-
ing denied their just and lawful rights to
make such denial under oath. cannot make
any stronger denial.
Ih2t protesting against the action DENYING
these accused the right to testify under oath
in their defense, but without the power to
change the order OF the Senate in this re-
spect. they solemnly protest against a report
by this committee upon incomplete evidence
being made after their indictment and before
their trial in court which might prevent their
obtaining unbiased jury and a fair trial
and demand in common fairness that the re-
port of this committee in accord with the
practice of the Senate of the United States be
deferred until after the verdict of a jury upon
the trial of such indictments.
After presenting this petition Gator
proceeded with his argument, saying
in part:
The prosecution in this case cares not
whether the accused permitted to retain
their seats not. But / believe that IL these
men guilty, that II their guilt is estab-
,ished beyond a reasonable doubt they
should not only be expelled from this Senate
hut should be punished under the criminal
statutes / am the last man in the world to
say that they Should not receive full punish-
merit for their offense If they have committed
any, but ! maintain and will continue to main
tain until shown to the contrary that thew
are guiltless and that evidence establishing
their guilt has been introduced here
BATTLE FOR LIFE.
We confronted here with the spectacle
Of a great corporation engaged in a battle for