The San Francisco call., 1907-02-16
OF FACTIONS
IS INJUR|NG SAN JOSE
Continued From Page 1, Column /

room, when Judge Welch declared him
a free man. He was accompanied by
Attorney John E. Richards, his wife
and his little daughter. At the corner
of the courthouse he was accosted by
two deputy sheriffs, but Judge Welch
had made it very plain in his talk
during the morning session that the
court would deal summarily with Of
tenders against the rights Of individ-
uals involved in the case. He as much
as said that some one would suffer for
any further attempt on the part of
contestants--f such they might be
called-to ride roughshod over the com
mon principles Of justice.
When Alva was alone with the anti
Rae forces he made a So-called confess
sion, in which he said that an offer had
been made him to cancel a $500 mort
gage If he would acknowledge that he
had received 50 TO vote the Republican
ticket AIva charged that he had been
drugged by the Sheriff's men. and that
he had been tortured into a confession
of so-called election crimes. In fact,
he said, he did not know anything
about any crimes, and that he was COM
PEELED to make statements that might
have damaged him were they brought
before the court. He told a tale of suf-
fering while in prison that is vigorous
ly denied by his custodians The Hayes
faction mas his affidavit and will use
it in defense or prosecution. as re-
quired.
Rae asserts that he has evidence that
will prove the illegal counting OF ball
lots in the recent election He says
that he is after the man higher up"
but he will not say who this man is
Some San Jose people profess to know.
]. o. Hayes is equally as emphatic in
Ct fN1rr
the trouble and that Santa Clara has
suffered from the depredations OF an or
ganized gang of political highbtnders
for years; it has been his purpose to
clear the county of the incubus
II made this fight for the good of the
people, said Hayes, "and I am not go
ing to give in as long as there is a
moral to battle for 1 am going to see
this thing through. not because I wish
to be mixed up in such an unsavory
controversy, but because I want to see
fair play"
Il am not going. to say much about
Intentions" said James Rae. but you
may rest assured that 1 am going to
make fight that the people will hear
from. 1t will make a sound in other
places in the world than San Jose"
With 1t all there remained at mid
night the mistaken fact that Santa
Clara has been torn by dissensiOn. which
has engendered political hatred and in
jured the name Of the valley, all be-
cause certain men have seen fit TO try
to make joke of law and huge laugh
over misappIication of it's provisions.
Chief of Police Carroll made move
tonight to have one of LangfOrd'S 5
deputies placed under arrest on seri-
Gus charge Warrants were issued by
Justice Brown for the arrest of ex-
Policeman John O'Malley and Thomas
Mulhall for alleged implication in the
murder of Frank Washington, a negro,
in August of 1904. Mulhau has been
taking a prominent part in the expose
of the alleged election frauds. Car
roll thinks that Mulhall is in the coun-
ty Jail under protection of Langford.
O'Malley is said to be somewhere in
Oakland.
Frank Washington was arrested for
a minor offense by Mulhall and O'Mal-
ley on the date mentioned. After his
arrest Washington died in a hospital,
and the death certificate declared that
death was due to "dilation of the
heart" Acting upon the testimony of
an eyewitness of the arrest, Chief Car
roll ordered the body disinterred and
1t is said that it was discovered that
one rib was broken and the back of
the skull fractured.
The complaint was sworn to by Mrs.
Lenora Venable, sister of the de-
ceased, who declared she had witnesses
to prove that O'Mauey kicked Wash
ington in the side and that Mulhal hit
him on the head with his club. Ad-
vices from Oakland say that O'Malley
has been arrested.