The San Francisco call., 1910-11-08
novel CHARGES IN
3 INDICTMENTS
Francis Debenedetti and Co.
burn Accused of Cheating"
San Mateo County
Precedent Is Based on Padded
Bills Through Which Men
Got rs Per Cent

If there is distinction. however
unenviable. in having indictments re-
turned against one that are absolutely
without precedents in the annals of
California law, that eminence went
yesterday to Supervisor Joseph Francis
and former Supervisors Joseph Deben-
edetti and Carl j. Coburn of San Mateo
county. For the first time in Call
fornia in which the offense had been
cited indictments We're returned charg-
ing them with conspiracy to cheat
and defraud" the county of San Mateo
out of 25 per cent OF padded bill"
for $10,536S4, for furniture and equip
ment furnished the San Mateo county
courthouse by H. S. Crocker company.
The men named as coconspirators
with Francis, Coburn and Debenedetti
are former Supervisor Julius Eikeren-
kotter; Jesse F. Marks, the go be-
tween; Charles s. Marshall, agent for
Fl. S. Crocker company, and Daniel E.
Blackburn, supervisor, now under in
dictment for agreeing to accept a
bribe. They were not indicted.
VOTE NOVEL INDICTMENTS
The grand jury met yesterday morn
ing at IL o'clock and after voting on
the novel indictments the true bills
were returned in court. 1t required 12
votes to return the indictments and as
two of the Is jurors present voted
against the bills the three defendants
were indicted by a scant vote. Presfd-
ing Judge Van Nostrand received the
report of the grand jury from Foreman
Isaac Goldman and ordered that bench
warrants issue for the three defend
ants. They knew that they were to be
indicted and Francis sent word to the
district attorneys Office that he would
appear before Judge Cabaniss at
o'clock in the afternoon to surrender
himself and give bail, but he did not
arrive.
CONSPIRACY is CHARGED
The true bills returned by the grand
jury charge a conspiracy, which has
existed, it alleges, from January l.
1906, to the date of fling the indict-
ment." That wording is the crucial
point in the bill. Assistant District
Attorney E. a. Lane stated that
against that point the demurrers of
the defendants will probably be lev
eIed
The time at which the offense al
legged originated is plainly outside the
limitations of the codes, but our con-
tention is that the conspiracy has been
continuous since that time, January,
1905, and so they can not seek the pro-
lection of the statutes. To prove our
case we must be able to enter evidence
covering that period.
FIRST OF KIND
These indictments are important be-
cause they are the first of the kind
ever prepared in California SO far as
we could discover. If they can hold
they may be used as the form upon
which to base prosecutions for petty
gratis and official crimes which exist
throughout the state. but are covered
too cunnfngly to make prosecution for
bribery and such definite offenses hold"
The unique indictments were pre-
pared by Assistant District Attorneys
Lane and Cotton and Deputy Attorneys
General Raymond Benjamin and j.
Charles Jones
The indictments are the same but
for the alteration of the names of the
defendants.
GOT 25 PER CENT
Tt is charged that not less than rs
per cent of the sum of s10,536S4 was
due the Crocker company, and the bal
ance. $263021, was added to the bill
In "furtherance and execution of said
conspiracy, confederation combination
. W.
it is alleged, the fraudulent claim was
allowed by the board of supervisors of
| the county and subsequently was pre-
sented to the auditors, and so the CON
federation" obtained money and prop
erty of said county of San Mateo.'
The witnesses examined by the grand
| jury in the case were Carl j. Coburn,
Joseph H. Nash, P. P. Chamberlain, w.
| H. Underhill, Jesse E. Marks, William
H. Cobb, Charles Henry Crocker,
| Charles S. Marshall, Louis Herbert
Benas and William Andrew Barlage.
Bail was fixed under the Indictments
at $4,000 bands or $1,000 cash. The
maximum penalty on conviction under
section 1872 of the penal code is one
year Imprisonment in the county Jail
| or a fine of $1,000 or both.
DON'T MISS EXPOSITION BONDS
Look outi Avoid missing exposition
bonds. Vote yes on all amendments.