The San Francisco call., 1909-03-24
PASSING THE BUCK
IN A GRAFT TRIAL
Witnesses in San Mateo County
Case Shift Blame to Mac
Bain's Shoulders
Especial Dispatch 10 The Call

REDWOOD CITY, March 23.-In the
graft trial here today witnesses for the
defense time and again shifted the
blame for changes in the plans of the
courthouse from their~own shoulders to
those OF Honest John" MacBain. former
supervisor from the fifth township.
This and the faded memories of the
witnesses for the defense were the fea-
lures of the day in court.
Judge Dooling was late in arriving
from San Benito county this morning.
the delay being caused by the derailing
blocked passenger traffic for two hours.
In behalf of the defense, George c.
Ross made the opening address to the
jury. stating that the defendants would
show that the iron beams used under
the secret contract were purchased
from the Ralston iron works for S492,
and that the Clinton fireproolng COM
pany had offered to do the concrete
work for s1.9s2.42, but had later backed
out because their bid was too low"
The defense will also endeavor to
prove. said Ross. that the provisions
of the contract were read and explained
by District Attorney Bullock at the su-
pervisors' meeting of September 21, at
which time, so the attorneys for the
accused supervisors contend, the con-
tract was passed in open session OF the
board.
COLEMAN NERVOUS ON STAND
On direct examination Supervisor J.
h Coleman testified that he signed the
contract in open session of the board
and that it was signed at the same time
by J. J. O'Brien for the construction
company.
Prosecutor Benjamin's searching ques-
tons In cross examination developed
nervousness on ths part of the witness.
The only reason Coleman could give for
the failure TO file with County Clerk
Nash the bid of the OBrien construc-
tion company, the contract specif1ca-
tions, plans. blueprint and the report
of Expert Graham was that ''he didn't
deem il necessary" Coleman's memory
regarding the events of September 81,
as outlined by the defense, was very
sure but he was unable to recall the
name of any one seconding a motion
within the last three months. though
still sticking TO the elaborate details
regarding the awarding OF the con-
tract Coleman reiterated his statement
that McBain voted for the passage of
the contract at the supervisors meeting
held September p.
Former Supervisor Joseph Debene-
detti gave his version of the awarding
Of the contract, which was the same
in its main points as related by him at
the previous trial, although the wit
ness said that he did not see either
Coleman or O'Brien sign the contract.
Debenedetti also failed to remember
any incidents regarding details of the
meetings of the board during the last
months Of his supervisorial term, al
though he related minute matters con-
cerning secret contracts. He also
passed the buck" to MacBain regard
ing courthouse construction matters.
LINFoRTH SCORES FOR DEFENSE
Attorney Linforth scored for the de-
fense during the day by showing
through Debenedettfs testimony that
a claim against the county for Archi
tect Aliens commission on the s2.991
contract had been signed by MacBain
as a member OF the finance commit
tee after that supervisor had objected
TO another item of the claim bill
that Of allowing the architect COM
mission on the courthouse tablets of
marble. The introduction of this evil
dence by the defense viii probably re-
suit in the recalling of MacBain by
the prosecution before the submission
of the case to the jury, which will
probably be on Friday.