The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-02-20
REFUSES DISMISSAL
OF BRIBERY CASES
Judge LawIOr Denies Motion of
District Attorney and Sets
Date to Plead
Fickert Says That He Could Not
Convict Drum, De Saba or
Martin on Testimony

motion to dismiss the II graft in
dictments charging Frank G. Drum,
Eugene de Saba and John Martin, Of
ficials of the San Francisco gas and
electric company with giving and
Offering brides to members of the
Doodle board of supervisors to infiu-
ence them in fixing the gas rate for
1867 was made in Judge Lawlor's
court yesterday by District Attorney
Fickert.
Judge Lawlor denied the motions.
making the same ruling as he had
when Fickert moved to dismiss the in
dictments against Calhoun. Abbott,
Mutually and Ford. the United Rail
roads officials. No comment was
made by Judge Lawlor in refusing to
follow Fickert's request. He put the
cases over four weeks for the defend
ants to plead.
Drum, De Saba and Martin were in
dicted March 9, 1906, jointly with Ruef
and Schmitz charged with having.
through Ruef and Gallagher. paid each
supervisor $3.50 for his vote. In NOV
ing TO dismiss yesterday Fickert did
not include Ruef and Schmitz.
RUEF'S TESTIMONY QUOTED
The motion was based upon F'ickert's
belief that the testimony was INSULT
eient to warrant him in presenting the
cases to the jury. He said that he had
read over the testimony of Ruef and
Gallagher before the grand jury and
had concluded that no proof of the
charges could be made out from that
testimony. The district attorney
quoted the following excerpts from the
grand jury testimony of Ruef in sup
port of his motion:
4 received from Mr.. Frank G. Drum
$4,000 as attorneys fees about the
time the gas rates were being fixed.
OF that money l gave to Mr. Gallaghe
for the board of supervisors about, as
remember it now. $4,000. Before
that l was receiving $1,000 a month
as attorneys fees from the gas COM
pany. ! told Mr. Drum that | thought
it would be necessary for me in order
to protect the interests of his COM
pany to have an additional attorneys
fees, and ] told him l thought it would
require $4,000"
O. understand you to say that
you first got $4,000?
"A.-That is all / ever got"
"Q.-And afterward another one
HIS CONFIDANT
Al received a fee for attorneys
services Of $1,000. a month for two or
three months prior to that and then !
finding ii, as ] explained, necessary to
request or suggest an additional fee, !
which ] thought would be covered by
the payment of $4,000, suggested that
to Mr.. Drum. L wish TO say, also, in |
justice TO him, l never told him 1t was
to be paid to there mne (the super |
visors).
"Q.-That isn't the way of doing that |
kind of business, is it?
Al don't know what the way of |
doing that kind of business is except |
as it has concerned myself l never |
told a living being that ! was receiving |
Or accepting money on any proposition |
to be given the supervisors except Mr. |
Gallagher"
Fickert argued that this testimony, |
taken with that given by Gallagher,
showed there was no evidence of brib-
Try against Drum or the other defend
ants.
DUFFY NOTIFIED TO PLEAD
The case of George r Duffy. who
vas president of the board of public
works, was on the calendar of Judge
-awlor's court yesterday for the de-
endant to plead TO a charge of bribery.
lie was informed by Assistant District
Attorney Fred L. Berry that he must
,e prepared to enter his plea Saturday
text, preparatory to trial.