The San Francisco call., 1908-05-08
FAILS TO SHAKE
UMBSEN'S STORY
Exhaustive Cross Examination
Makes No Dent in Testimony
of Parkside Bribe
Witness Ridicules Idea That
Ruef Was Paid $4,000 for
His Legal knowledge"

H. Cmbsen, under cross examination by
Henry Ach in the course OF the Ruef
trial yesterday, blew large sized hole
money paid him by the Parkside realty
company was received by him in the
capacity of a regularly retained attor-
ney. Umbsen drew a clear distinction
between the work Ruef was hired to
perform and the work to be done by
the other legal employees Of the COM
pany. Telling of a meeting shortly
after the fire in front of Century hall
between J. E. Green. OBrien. Ruef and
Umbsen himself. the witness said there
was some talk about whether the legal
holidays would operate against the
franchise.
Then you just wanted Ruef's legal
opinion on that point?" asked Ach
NO, 1 don't say that answered
Umbsen. The company had other at
torneys OF their own and could have
got such advice without going to the
trouble of looking up Ruef"
Ach was much disconnected by this
answer, showing as it did that Ruef's
services were not wanted for his legal
knowledge, and quickly veered off to
another subject. 1t developed that tho
meeting in front OF Century hall was
lOf the purpose ClAl6Hy Ol OiSCuSSiH6 a
change of the franchise altering the
route OF the railroad from Nineteenth
to Twentieth avenue Umbsen's recol-
lection of the conversation was vague
and indistinct but he said he remem-
bered Ruef saying. We had better see
how much more this thing is going to
cost"
EXHAUSTIVE CROSS EXAMINATION
The cross examination of Umbsen by
Ach, which had lasted three hours the
night, before, consumed all of yester-
day morning and part of the afternoon
session. In the substantial part of the
real estate mans testimony about the
payment of money TO Ruef and the ne
gotiations concerning 1T, not dent was
inflicted by the long bombardment.
Umbsep was confused and forgetful
about many minor particulars, but
stood by the main lines Of his story.
His long ordeal on the witness stand
exhausted him almost to the point OF
collapse. His voice dropped SO low and
his comprehension of the meaning of
questions became so slow at one stage
that Heney asked him If he was men
tally wearied: Il am all in answered
the witness. and he looked 1T.
Repeating the story of the payment
OF $4,000 to Ruef on March %, 1906,
Umbsen said the defendant called on
him at his house about p. m. II re-
member no conversation. said Umbsen,
but | put the money. which was in
package and in currency, on the table
in my sitting room and Invited Ruef to
count IT. l walked into dressing room
adjoining. lighted cigar, then went
back to tho sitting room and found
Ruef preparing to leave. | don't think
he had counted the money"
Umbsen was permitted by Judge Doo-
ling to correct his testimony on one
point. At the morning session in reply
to questions by Ach he had stated that
the $4,000 brought TO him by Douglas
Watson from Green was placed in
vault in Umbsen's office. The witness
said that when he returned from Homo
lulu on April 25 he had the vault
opened and found the currency there.
DEPOSITED TO BROTHERS ACCOUNT
At the afternoon session Umbsen
stated that. as matter of fact t. l..
Anderson deposited the money to the
account of Harry Umbsen. brother of
the witness, with the Union trust COM
pany on March II, 1905.
Even after he was Indicted Ruef was
greedily looking Tor graft money, ac-
cording to other testimony brought out
In the cross examination of Umbsen.
The witness said that late in 906 Ruef
asked him for the balance of $4,000 of
the agreed fee"
Il told him.. testified Umbsen, THAT
I had returned the money to Green. As
! a matter of fact the $4,000 was still In
my possession"
Why did you tell him you had re-
turned it TO Green?" Ach asked
II told him lie was charged with i'm
properly influencing the supervisors
and that / did not want to be mixed up
IN that"
Yes, but what was yonr motive lin
telling Ruef that story?v Aeh persisted.
80 that Ruef should not be insistent
| in asking me for the money" answered
Umbsen. Later he testified that he paid
the 81 5o0o back to the Parkside COM
pany about a year ago.
The circumstances of the fixing of
| the amount Ruef was to be paid were
told by Umbsen when he was taken in
hand by Heney lor redirect examina-
tion Ruef asked for $4,000. declared
the witness, but later reduced his de-
mand when told by umbsen that 1t was
excessive. Ruef finally agreed to ac-
cept $50. 900, and said that If he had
been employed at the outset lie would
1 have taken $4,000. 1t was Sam Davis,
at that time supervisor, who first
/ suggested that the Parkslde company
should enlist the services of Ruef.
\ Umbsen testified that Davis said to him
/ lltdl tluel WINS tiit Iiicifo VI lflc COtI-
pasny and had made It, and advised him
to see Ruef about getting the franchise
thrbugh.
HENDERSON ON STAND
Thomas l.. Henderson, brother in Law
| of G. II. Umbsen and a stock holder In
the corporation of Umbsen & Co., was
! the irst witness when court reconvened
last night He testified to G. III. Umb-
sen handing him the 10000, telling
him that IL was money belonging To
| the Pari1side company, and that it had
been decided to retain Abe Ruef as at
torney. He deposited The money In the
Union trust company to the credit. OF
Harry p. Umbsen, he said. and on
March %. at the request of G. H
Umbsen. he drew a check for $4,000
which he had Harry P. Urnbsen sign
4 Then he got the $4,000 in currency
| and took it to G. H. Umbsen. at the
Office OF the cornpany'in Fillmore street
Ach, in his cross examination. of the
witness, quoted to him much of his
testimony before the grand jury more
than year ago., and showed where in
some particulars his present testimony
| was inconsistent with his former state
ments. Henderson admitted he had for-
gotten some of tho things to winch he
had testified before the grand Jury
He said that until today, when he had
gone to the Union trust company and