The San Francisco call., 1909-03-18
SENSATIONS SPRUNG
IN GRAFT TRIALS
Prosecutor Secures Dismissal of
Charges Against For
mer Supervisors

REDWOOD CITY, March 1.-Two
sensations were sprung by the prosecu-
tion during the progress of the county
graft trials today, the most important
being the motion made by Prosecutor
Raymond r. Benjamin during his open
ing address, asking that the accusa-
tions against ]. Debendetti and julius
Caesar Eikerenkotter, former super
yisors, be dismissed.
This step was taken by the prosecu-
ton on account OF the fact that when
the accusation was returned the men In
question were not office holders. and
hence could not be removed from office.
the only punishment possible under an
accusation.
The opening wedge in an endeavor to
show corruption in the granting of
the secret" contract by the supervi-
sors was also made by the prosecution
when Prosecutor Benjamin stated to
the jury that the people would show
that the actual value of the work per-
formed by the construction company
on the dome, for which they received
nearly $4,000, did not exceed $500.
THREE IN DEBATE
A three cornered debate between At
torney Walter Linforth of the defense.
Benjamin and Judge Dooling as par
Elephants followed Benjamin's motion
for a dismissal Of the charges against
Efkerenkotter and Debendetti, in
which Linforth wished to know why
the charges were not dismissed in the
first place. Benjamins procedure was
held as the correct one by the court.
Four jurors were obtained out of
Elisor Perry Eyre's second venire of 25
returned this morning. p. H. Hans.
Burlingame; II. Hanscom, Burlingame;
John Strang, Burlingame, and A j. Gil
gerich Burlingame, who with w. j.
Dempsey, San Mateo; j. Culbert, Bur-
lingame; X. s. Murray, Redwood City;
w. Edwards, Burlingame; G. A. Beebe,
Burlingame; V. Michel. Menlo Park
j. Rehe, Burlingame, and w. II. Lipp
Jr., Redwood City. compose the jury.
The discarding of millionaires and So
cial leaders summoned on Elisor Eyre's
two venires has left the jury box with
out a single representative of clubdom
or society. Judge Dooling publicly
thanked Eyre for his services during
the forenoon and he was discharged
from all duties for the present.
OFFICIALS TESTIFY
County Clerk J. H. Nash. Deputy
Clerk Al Lowe and Honest John Mac
Balm We're the witnesses examined dur
ing the day, MacBain's testimony being
continued until tomorrow's session. The
testimony developed was substantially
the same as that of the Bullock trial,
the defense failing materially, however,
in an effort to show that certain writ
ing in Clerk Nashs rough minute book
meant that Debendetti had made a mo-
tion which was seconded by Black
burn. BY comparison with writing a
few lines above on the same page
Linforth's contention failed. MacBain
further told of his poor opinion of Ar
chitect Glenn Allen and again said that
he had never voted either for or against
the $2,991 contract.
A peculiar incident. which will prob
ably bob up again, came out during
MacBain's testimony regarding the re-
port made by Expert D. F.. Graham
on the courthouse building. The
experts report advised certain altera-
tions In the structure and his report
was deemed worth the sum OF S400,
which was paid by order of the super
yisors. Where the report is or what il
actually contains is thus far a mystery.
There is no such document on file in
the Office of the county clerk.