The San Francisco call., 1907-06-08
AsSails Inquisitors as a Body
Exercising Despotic Power
Glass Attorney Impugns Motives of
the Prosecutors of Grafters

Attorney Dolphin NJ Delmas made =
bitter attack on the grand jury system
while arguing a motion n Judge Law
lor's court last evening 70 set aside the
Indictment brought against Louis Glass
on the charge OF bribing Supervisor
Sanderson- Il wss the first active ap-
pearance OF the Californian since he
returned from New York. and he OBJ
served the occasion with a forcible and
brilliant speech. The court session
lasted from s o'clock TO 1890. and at
the conclusion OF Delmas' address AS
sistant District Attorney John O'Gara
and Charles ". Cobb, Heney's asso-
ciate. asked until Tuesday next at 10
O'Clock 10 prepare their answer TO Del
mas arguments.
Delmas' main contentious were that
there was no evidence TO show that
Glass. vice president Of the telephone
company. had committed a crime or
that Sanderson had been bribed. he
based his claim on the transcripts of
testimony taken at the grand jury in
vestlgation and presented 10 the de-
fendants. and which, IL was stipulated
by the district attorneys Office. was the
fau report OF the evidence taken
ARGUMENT BY DELMAs
Delmas said in part: Whether Il is
in the power OF the grand jury sitting
.n the city and county OF San Francisco
70 charge with crime z citizen OF this
city without having before il a syllable
OF evidence is question the import
snce of which cannot be overestimated.
II II is In the power OF the grand jury
SO 10 90 the liberty Of every citizen is
held az the despotic mercy OF men who.
governed by vindictiveness or urged by
public clamor or by any other motive,
may bring every citizen 10 disgrace.
Here is a case where there is no ev.-
dence Of z crime or OF q crime COM
mirted
shall Il be told that IN San Francisco
today a BODY OF men VIII invade the
home Of a citizen from motives Of pri-
vate malice individual spite or busi-
ness rivalry, and bring disgrace into
that home and make the citizen stand
trial for something he has never done2
Is IL 10 60 forth 10 the world that in
the city OF san Francisco a body CT
men in secret chamber has the power
70 bring 10 the bar OF justice any man
II chooses 10 name without having 3
shred OF evidence against him?
is the court powerless 10 curb the
dictatorisl will OF that body2 Is II
without power 10 rebuke IL and 20 re-
lieve the city Of this dilemma2 II that
IS the law. here is the eliminating mis-
fortune OF this city If there is any
thing that viii drive away those who
are able 10 participate IN the upbuild-
ing Of the city IL viii be 20 have il go
forth that their liberty Is held at the
VIII, beck and nod OF a mere group Of
men. who. without any evidence. can
bring shame upon them Any indict-
ment without evidence is q piece Of
waste paper: an incumbrance and a dis
grace on the records Of the court. and
the sooner the court purges the records
OF that disgrace. the sooner viii Il
stand Tor that justice for which the
people look 10 IL"
Delmas quoted court decisions In New
York and other states showing that
the courts had held that an Indictment
could be set aside when there was g
defect involving insuficiency OF evil
dence.
HAS CLASH WITH COBB
Cobb and Delmas clashed over the
question whether or not the point OF
insuHiciency Of evidence applied to the
indictment charging bribery of Super
visor Furey or 10 the case of Sander
son Deimas claiming that he consid-
cred only the latter case. Judge Lawlor
said that the argument applied to the
common points OF the two counts Cobb
and O'Gara, without seeking to show
that there was no insuficiency of evi-
dence, insisted that under the law an
Indictment could not be set aside on
that showing alone
T c. Coogan. Delmas' associate In
the Class case. and Bert Schiesinger
and William Penn Humphreys. attor-
neys for Theodore V Halsey, were in
court as was George Keane. Ruers
lawyer, and Lewis Byington for Chief
Oman Henry Ach was q spectator in
the courtroom and was consulted by
Judge LaWlor on the question OF the
courts power 10 set aside the indict-
menL Judge Lawlor was inclined TO
take the view that an indictment
could not be Quashed for the reasons
Delmas gave
In the afternoon an important matter
was presented by Coogan in the form
Of an amendment 10 the AFFIDAVIT fled
IN the original motion 10 set aside the
indictments. This amendment intro
duces & delicate point Of law, alleging
that the force OF the present grand Jury
was nullihed early in this year and
prior 70 the date OF the return OF the
Halsey and Glass indictments by rea-
son OF the fact that IL was drawn last
fail as q substitute or provisional body
10 replace the names OF the regular
grand Jury for 1905, the roll OF which
was destroyed IN the FIRE. and that il
expired when the 1907 list was drawn.
Testimony was taken on this new mat
ter during the afternoon.
Before the telephone peoples cases
on the charges OF bribery in connec-
lion with the United Railroads and
Parkslde deal he was attended by his
attorneys. Frank J. Murphy. George 3.
Kesne and Richard O'Connor. and
couple Of husky men-at-arms from
Elisor Biggy's citadel Ruef. through
MS attorneys. and on agreement of the
prosecution, secured continuance un-
III Monday, June II, at 4-s0 o'clock
DELMAS RESEWS EFFORTS
When Delmas appeared before the
court last Saturday he made & great ef-
fort 70 secure from the graft prosecu-
ton an Official statement regarding the
extent Of the transcript Of testimony
offered as that taken before the grand
sury. That fact was OF Importance IN
connection with his prospective arzu-
meut on the motion 10 set aside the
telephone indictments on the ground OF
suSuficiency Of evidence He renewed
his efforts Immediately after the court
assernbIed yesterday afternoon
O'Gzra and Cobb contended that Del
mas was not entitled 10 know the ex-
tent OF the testimony given and should
be satisfied with the statement that the
testimony offered was ell OF that tran