Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-21
MOONEY FOR GRAND JURY
Frisco Pslies Captain Tsstihss Regarding
Charges that Vice is Protected
SEVERAL PATRtM.N ARE sUNNoNtD
Former Police CommissIoner who e.
Out OF state Accused Of EvadinE
subpoens-New Move in
Ruef Case.

SAN FRANCISCO, Cal. April 0.-Captain
Of Police John Mooney OF the Bush street
station appeared before the grand jury to-
day to substantiate his sensational charges
made recently in the press, to the effect
that houses Of IN repute. saloons and red
light vice generally since the hre have been
fourishlng In his district by the protection
OF his superior officers, Chief Oman in par
ticular. The Bush street station has charge
of a large residence and shopping district
Charges OF subornation have been pre-
ferred against Captain Mooney by Chief
Dinan, as a result Of the formers public
declaration.
The calling OF Captain Mooney to the
stand by the grand jury is looked upon as
the first formal step in an investigation OF
the police department which the bribery
graft prosecutors promise shall be ex-
haustive and productive Of results. The
officer was In the witness chair for nearly
two hours, during which time many ex-
hibits, comprising police records were ex-
amined.
Heney Refuses Statement.
At the conclusion Of the session Assistant
District Attorney Heney refused to make
any. statement indicative of the strength
of Moneys testimony.
Ndplhlu MOOuey VIII RESUME tue bNduu
when the grand jury meets Tuesday. other
witnesses scheduled for appearance then
are Patrolnen p j. Mitchell, Leo Brunser,
Jack Walsh, Charles Ward and Charles
Uhl, ali OF whom have worked under
Mooney as plain clothes men. and J. F.
Byrd, clerk Of the Bush street station.
A subpoena is outstanding for former
Police Commissioner Alex O'Grady, whom
the prosecution has thus far failed to find.
According to oGrady's wife, he is and
for three weeks has been IN Reno, New,
whittier, Mrs. O'Grady says he went on
business and for his health At his home
It was said today that he IL expected to
return to the city next Monday, and II was
vigorously denied that he has any desire
or intent to evade grand jury summons.
schnIts supports Ruef.
Campbell. Matson. Andrew and John j..
Barrett attorneys who will defend Mayor
Schmitz when II comes his turn to be tried
on the 1--WE counts of extortion which the
grand jury returned Jointly against him and
Abraham Ruef. today filed in the state
supreme court a brief supporting Ruefs
contention in his application for bail
through habeas corpus that the section of
the penal code empowering Judge to order
defendant into custody pending his trial
is violatiYe Of the state constitution, which
provides that person Is entitled to ball
before conviction unless charged with an
offense punishable with death and wherein
the proof is evident OF presumption great.
Schmitz's attorneys filed this brief as
aJnlci curiae, or friends of the court in
behalf OF Ruef hoping for decision which
win stand their own client in good stead
when his case comes on-a decision which
will be an authority for the admittance
of Schmitz to ball when ne is called before
Judge Dunno to be tried
The Ruet trial which was adjourned
from Friday on account of the illness Of
Counsel Ach Of the defense, is 70 be re-
sumed Monday morning when each side
will be called on to exercise it's peremptory
challenges on Jurors.