The San Francisco call., 1908-03-18
EXPOSES MORE OF
BAY CITIES GRAB
Tevis Engineer Did Not Inspect
Option Until After Sl0,-
100000 Deal Was On
Water Project Offered in Janu-
ary, 1906; Surveyors Sent
Out in February

Ci6ntAcdNl testimony, AIDING another
link to the chain of evidence which the
defense in the Tevis- Bulletin libel suit
has been forging about the Bay Cities
water steal since the inception of the
Edwin Duryea Jr.. formerly consulting
engineer for the Bay Cities water COM
pany and now consulting engineer for
the California gas and electric COM
pany, said on the stand that it was not
until February, 1906, that Tevis ordered
him into the field to make a thorough
investigation OF the Bay Cities project.
Tevis, according to previous testimony.
opened the s10 100000 deal with Ruef
during the early part of January Of
that year.
Duryea. at the time he made the ad-
mission, was explaining a series of
drawings and maps of the Bay Cities
project to the Jurors and the court. A
few minutes before he had admitted
that much of the information and orig
inal data upon which he and his staff
of assistants had worked had been OBJ
tanned from reports of former City En-
gineer Grunsky and of Marsden Man
son. who fought to turn the Doodle
board of supervisors from their plan
to saddle the city with the Tevis op-
tions.
You found Manson's reports and
those OF Grunsky very accurate and
correct, did you not?" asked Attorney
Matt I. Sullivan.
RELIED ON MANSON DATA
Yes indeed. Their reports were
very good and to the point We were
glad to have them, as we had to get up
our matter our data, drawings and
maps in a hurry. So we naturally had
TO resort to previous reports of some
kind" answered Duryea.
When were you ordered to make
your surveys and compile your in
formation which was to be submitted to
the city?" continued Sullivan.
I'm February, 1906 replied Duryea
When were you expected to have
your data and. information. including
maps and drawings, ready?"
Everything was to be complete so as
to be able to get bid in by April 9 Of
that year." answered Duryea.
Attorney Richard p. Henshall of the
counsel for the Bay Cities company,
who had been associated with William
! since a few days after the trial began,
| and who was given free rein to cross
examine Detective William j. Burns
| Monday afternoon after Cook had
! stated that upon instructions from the
district attorney he would not further
ss-examine Burns, and then failed
! to discredit any of the witness testi-
mony, summarily withdrew from the
case yesterday morning Immediately
! after jury roll call.
EXCLUDES THE JURY
First requesting that the jury be dis
missed for a few moments, which was
ordered by the court, Henshall said:
There is a matter which I wish to
bring before the court. In view of a
statement made yesterday by the as
sistant district attorney and which
seems remarkable, desire to withdraw
| from this case at this time"
There is no objection on the part Of
the district attorney" put in Hof
Cook; II came here to prosecute this
case and I intend to do so TO the finish"
I'VE are very sorry to part with you
at this stage of the trial. said Judge
Dooling, but you came here when you
chose and I suppose you may leave
when you choose. You are dismissed.
If there are no more mysterious mat
ters to be submitted, gentlemen, let
the jurors be recalled
1T is a peculiar thing for an attor-
| ney to do" remarked Attorney Hiram
W. Johnson. this stepping aside at the
close of the evidence for the defense
and when the TeVfS end, which he d1-
rectly represents, should be heard
from. Still. considering the case he
| has. I don't much blame him.
Henshall at this point packed UP his
papers and left the courtroom.
PROSECUTOR TEvIS AGENT
Abe Darlington, district attorney of
El Dorado county, was placed upon the
4 witness stand in the afternoon, and
stated he had been acting for some
time under the direction of Manager
BeaI of the Bay Cities company In Sc
curing options for the Sierra water
supply company. Darlington also fur
nished data on the portions of the
country included in the Bay Cities
project. and admitted that with the ex-
ception of one reservoir right the
Sierra water supply company did not
own one of the properties which were
embraced in the Texts offer to the city
| for s10.5OOOO0 He also stated that
most of the land included government
| reservations of one kind and another
+. NJ Phelps, another resident of the
| American and Costumes river district
also was placed upon the stand. He
| went over the same ground practically
that Darlington did.
Engineer Duryea was still on the
| witness stand when the usual recess
was taken until 10 o'clock this morn
ing. when the explanation of the Bay
Cities maps and drawings will be re-
sumed.