Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-07-25
SHAME SLENCES
GRAFTERS IN COURT
DELMAs AND HENEY IN GREAT LEGAL BATTLE BE-
TWEEN GREED AND JUSTICE
Testimony Shows San Francisco Supervisors Sold Public Utility
Gold and Occasionally Took Money from
Two Competing Companies

pany. Heney asked him what was done
with the $4,000 or $4,000 cash tag put In
by thinner when the company came to
reconstruct it's cash records after the
April fire.
Eaton said that duty devolved upon Mr..
thinner as auditor and he was about to
pursue his answer when an objection by
Delmas persuaded Heney to withdraw the
question tentatively.
Treasurer Tells of Tags
William j. Kennedy, assistant treas
urer of the Pacific States Telephone COM
pany, was called by the prosecution at
the afternoon session. He was cashier
of Glass company from June of 1905 to
March 10 of 1906, the period of the al
legged corruption of supervisors by the
company.
Answering Heney's questions he said
he commonly carried cash tags for vary
ing amounts aggregating as high as $40,
900 a month.
I'm the month of February, 1906, did
you carry any tags representing checks
secured by Mr.. Zimmer?" Heney asked.
The witness reply came with calm and
startling clearness:
II believe not"
This was a facer for the prosecution.
Weren't you a witness before the
IT was, but not until after these indict-
ments were found
1--WE Think interjected Delmas, that
the witness has inadvertently told the
truth"
Those tags, he said, and the record
book In which he personally entered them
were destroyed in the April fire.
A lengthy argument of counsel arose
out Of renewed attempt by Heney to
place Kennedys grand jury testimony
before the jury. Judge Lawlor ruled that
Heney might hand the witness the trans
cript to read but might not seek to re-
fresh his recollection by a verbal recita-
tion of that testimony.
Now, then" said Heney, didn't you
testify before the grand jury when I was
questioning you that"
Delmas objected on the ground that the
defendant was not present at that time
and therefore could not be bound by any
thing the witness may have testified to
at that time.
DeImas Is OverruIed
Heney in reply quoted decision up
holding the propriety of the question
where the prosecution is taken by sur
prise" Judge Lawlor overruled Delmas
| objection, but required Heney to first
show Kennedy the transcript of his
grand jury testimony.
| Resuming, Heney asked Kennedy IL hi
did not testify that he remembered th'
placing of several $4,000 and $4,000 tags II
the drawer in February of 1906. Delma
| renewed his objection and incidentally
protested to the court against "the as
sistant district attorneys gruntS an6
sneers, which enlighten no one and an
noyingly interrupt me-"
| Heney defended his right to PROFOUND
the question by claiming IAN apparent
conspiracy on the part of this and other
| witnesses to change and color their tes-
timony for the purpose of defeating the
ends of Justice.
"I did carry a bunch of tags for from
$4O0O to $4,000 for Mr.. thinner in March
of 1906" testified Kennedy, but they rep
resented charges for unpaid capital stock
purchased for the Sabin estate by Mr..
thinner, checks and various other things.
I can't recall Mr.. Zimmer coming for any
of these checks himself. My best recollec-
ton is that he sent messenger boy
downstairs for them to Mr.. Eaton"
Mr.. Heney tried to have Kennedy say
that his best recollection was that the
separate amounts of these checks were
for $4,000 three or four times but Ken
nedy persisted that he could not recall.
Finally, cautioned by the court that he
must state his ''best recollection if he
could recollect at all, Kennedy gave in
and said, replying to Heney's question,
II guess that's about 1t.
One of the first witnesses to be called
by the defense, according to a casual
court room remark by Delmas, will be
Rudolph Spreckels,' financial guarantor
of and one of the three most active men,
bers of the bribery-graft prosecution.