Los Angeles herald., 1908-05-02

ALARMED
GREEN WILL TELL STORY OF
BRIBERY
PARKsIDE DEAL TO BE RELATED
BY ONE OF PRINCIPALS
Attorney for Former Boss Protests
Against Prosecutions Strategy,
but the Court Decides
Against Him
Bv Associated Preae-

By Associated Press.
SAN FRANCISCO, May 1.-The pros-
ecution sprung its first surprise In the
case of Abraham Ruef, the former po-
litical dictator of San Francisco, on
trial for bribery, when Assistant Dis
trict Attorney Francis J. Heney late
this afternoon moved the dismissal OF
fourteen indictments against ]. r.
Green, president of the Parkside Real
ty company, a co-defendant of Ruef in
the case now being tried, in order that
Green might testify against the former
political boss.
Green had been called to the stand
by the prosecution despite the OBJ
lection of his attorney.
Judge Dooling directed that he be
sworn, and after some preliminary
questions the assistant district attor-
ney asked what steps he had taken
to get the committee of the board OF
supervisors, which had held UP fran
chise. to take some action.
Refuses to Answer
Green, upon advice of his counsel,
refused to answer and started to read
statement setting forth his reasons.
Heney objected to the reading OF the
statement, was sustained by the court,
and Green then, upon advice of coun-
sci, refused to answer on the ground
that he would be testifying against
himself.
"Then, on behalf of the people,
move that all indictments against the
witnesses, fourteen in number, be dis
missed that he may give his testimony
in this case," said the assistant district
attorney, rising to his feet.
This unexpected move on the part
of the prosecution came as surprise
to the defense and created something
of a sensation in the crowded court
| room.
A whispered consultation between
Ruef and his attorneys quickly fol-
| lowed. Henry Ach, chief counsel for
Ruef. strongly objected to the move
| of the prosecution on the ground that
such an application could only be mace
upon a Joint trial of the trial of the CO.
defendants.
Indictments Dismissed
Judge Dooling overruled the objec-
ton of the defense, dismissed the IN
dictments against the witness and or
dered his discharge therefrom.
Green visibly showed his relief ana
pleasure at the sudden turn of pro-
ceedings and smilingly acknowledged
his willingness to testify.
| At this point an ad]ournmeht WAS
taken until Monday.
Walter B. Cope, president of the San
Francisco Bar association, formerly
superior Judge of Santa Barbara county
and for four years Ruef's classmate In
college, testified against Ruef this
morning.
Cope is member of the firm OF at
torneys for the Parkside Realty COM
MANY. in which he also was stock
holder. and told of Ruef's demand for
a fee of $4,000 or $4,000 If employed by
the company to get the desired trolley
franchise through the board or super
visors.
Cope was followed by w. I. Brobeck,
who also was Jointly indicted with
Ruef. Brobeck was questioned about
his knowledge of the trolley appn-
cation.
After Green took the oath, under the
Interrogation of Heney he told of the
preliminary steps taken toward Iiin9
an application for the sale of a iran
chise. the application having been pre-
pared by Judge Cope and filed with the
clerk of the board of supervisors py
himself.
Green said he attended all the meet
ings of the committee to which the APP
nlication was referred and told OF his
efforts to get some action upon 1t and
his conversation with Mayor Schmitz,
who declared himself heartily in favor
of it. :.
out of committee besides speaking 10
the mayor?" asked Assistant District
Attorney Heney.
Declines to Answer
Frank d. Nichol, Green's attorney,
arose at this point and interposed an
objection, advising the witness ne nau
a right to decline to answer the ques-
ton.
Green took e. typewritten paper from
fn p.ood a 9fQtA-
ment setting forth his position In the
| case and his reasons for refusing to
answer. He had read but few lines
when I-eney objected, declaring the
witness should state upon what ground
he refused to answer.
Henry Ach jumped up and contended
that Green was within his rights IN
reading the statement, and for a Few
moments counsel for the defense and
the state Doth talked at the same time
and so rapidly that the court reporter
was unable to follow them.
| Judge Dooling asked the witness to
| lot him see the paper, which was done,
despite a vigorous objection from Ach
to the courts reading the paper.
"The court will not permit the wit
ness to read any statement" ruled
Judge Dooling. There are certain
statutory grounds upon which the wit
ness can decline to answer which are
we'll known and need no enlargement
If he bases his refusal upon those
grounds the court will not compel him
to testify"
my advice to the Witness" here in
terposed Nichol, sis that he cannot con-
stitutionally be compelled to testify
against himself being co-defendant,
and that he refuse to answer upon the
ground that it might incriminate him
self"
II refuse upon those grounds" said
Green.
There was intense silence for a inU=
ment in the crowded court room and
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