The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-10-29
New Evidence Against Tomalty


serted The figure - complained Of.
80 prosecution wiz claim that this is
eoiaissioa OF having falsifed a pub
oro IN view OF other circum
e-ehees connected with the case An
other feature Of its So ,.shic,, -.
prosecution considers very strong i
S-e lact that no intent TO defrsud mus,
proved Il Is Claimed thar the case
~ re People vs. O-Brien. s. Cal. r. III
S-ear-E shows that rhe only rnsre-fsl
- necessary 70 prove IS thar the de-
le-t cid make 2 change in The
. -oHnslty's offer to let the grand jury
0-tto-ilt representative 70 fnsner- rhs
Nohtests OF his safety deposit box IS no,
80 attractive. said one promfnen,
- N-le prosecution yesterday. He has
soiaitted himself that he expected ~
re arrested q week before he was fa,zer
-P custody which was ample time
AiiA 70 remove any DETERMINATIONS
-lFnee IRON TIE safety deposit vault
IMPRESSIONS 81 belief il Toruslrv-s in
nocence bv those Who might BE- inter
Ssleo IN the case are also matters which
should not be given too much weight
WILL SUE BANTEL
within the next day or two Attorney
S1eneral Webb and RAYMOND BENJAMIN
his assistant. VIII file suit in behsI-
% the state OF California against
Cnaries A Bantel and the Aetna iu-
.uemnitT company TO recover s1sIss IS
-leged 70 be due the commonwealth as
- portion Of The taxes paid by The
: nlteo Ra-l ways The fulI amount paid
~ the railroad company was So
BITS The suit VIII be Sled in the
superior court Of Sacramento county
a provided by the statute for cases 81
ms character The Aetna indemnit,
company is made & defendant 10 The
s-lr because Of the fact thar il qualified
ss Bantels surety n the sum Of sIoo.-
O00.
Jesse steiuhart- assistant city attor-
Sey- who has been handling the inter
Ssts or the municipality IN connection
Win the case stated yesterday that he
was not prepared 10 lie suit sgains,
-5antei- Besides being DELAYED by otter
matters requiring his attention Stein
hart said ne rad not decided on the
amount for which he would sue Ban
Tel and his surety
Whether we shall sue Tor So 600
@ more is question al the presen,
s-ne- said Slsinhart: hut you may say
t1at We VIII sue for every cent that is
legally due the city
WEAVING STRONG WEB
we are AT work now. said Score
tarE Harry McKannav In Mayor Tay-
Tors Once yesterday afternoon. -veav-
1ng strong Eeb q evidence about
one q the other men who was en-
pioEed in the treasurer's Office a. the
time when the money ppeared- We
have evidence thar proves conclusis-elv
that another person IS concerned in
the disappearance Of The funds
Why do EOu not have the man ar
rested Z. as you say YOU have evidence
that he is guilty. was asked
Because we are now engaged in cor
Eoborating the evidence he replied. so
that no possible mistake VIII be made
Regarding William Ryan and his
connection with this case know moth
Ing. he was a frequent visitor al the
tressllrer's once during Bantel's ad-
Uinislration and I saw him there
quite often
would rather not discuss the case
further a. I believe il is for the pub
lies best interests that We carry on
TINS invest cation with as much Sc
Crecy as possfb le
UNABLE To ESCAPE
Accord~g 20 the opinion OF one
prominent 5n the prosecution there Is
not tle slightest chance for the case
against Iomalry 10 fail Relying on
lists in the handwriting OF the defend
AM himself and books IN which clerks
made entries from the original de-
,Hsnds. the prosecution claims that To-
snslry VIII be unable 20 escape justice
Further than this. Il i claimed The
prosecution viii use The utterances OF
the defendant since he has been IN Gus
r06F against him Significance Is at
isched 10 the fact that the prisoner ad-
mitted having made the figure *"
which Is specified In the complaint
What = considered an additional
strong point by the prosecution IS the
fact that IL Is not required 10 prove
any criminal intent OF the part Of the
defendant According 70 the construc-
rion placed upon the law By the su-
preme court OF the state the fact that
alterations have been made N public
records IS not enough 70 constitute the
crime
This principle OF law IS laid down
sn the case Of the people Us. O'Brien
IS California page III.
Another interesting feature which
was brought 70 light yesterday was
the fact that David Davis and his wife
AIbertine Davis. qualified as suretieS
on the bond OF Abraham Ruef IN the
sum Of see 600. Davis was chief dep
uty and paying teller IN the treasurer
oH7ce during thu Bautel administration.