The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1913-06-10
District Attorney Hears
That One of Indicted Po-
licernen Would Reveal the
Inside History of Con-
spiracy if Given Immunity
Testimony Is Not Need
ed, Prosecution Head Says
INDICTED MEN TO
BE TRIED TOGETHER
Esola Will Appear Today for
Sentence on Grand Lar
ceny Charge-Motion for
Rehearing Will Then Be
Heard-Counsel to Ask
Stay Pending an Appeal


One of the eight policemen indicted
fsr conspiracy in connection with the
italian bunko men may, before the trial,
which is set for next Monday morning.
confesrsAnd tell the whole of the inside
history OF the series Of crimes. A
report TO that effect was quietly circu-
lated yesterday and Detective James
MCGOWAN was named as the man who
IS weakening. 1t is intimated that
MCGOWAN is holding out for an immu-
nifty bath. District Attorney Fickert
refused TO make any statement regard
ing the report other than to admit that
he knew there was talk of one of the
men confessing.
The district attorneys Office, however,
does not consider that it needs a con-
fession from any of the indicted police
men. The lawyers for the state con-
tend that they already have all the evil
dence necessary to secure the ronvic-
tien of the accused officers. District
Attorney Ffckert says that he has ex-
.tremely strong evidence to present of
which nothing has hitherto been said
ESOLA DROPPED FROM FORCE
Frank W. Esola is no longer mem
Der OF the police force of San Fran
cisco The police commission broke"
him last night holding that bis con-
xfcHon on felony charge automati-
cally severed his connection with the
department.
This ruling was based on the deci-
sion of the supreme court in the
Schmitz case. One of the commission
ers read that decision last night in
fion Of Eugene Schmitz on a felony
. Charge automatically removed him
from his position as mayor of the city
whether or not upon appeal or retrial
he should be declared innocent of the
o crime with which he was charged
After reading the law on the sub
ject the commissioners declared Esola
no longer a member of the police force.
Esola will appear before Judge
Dunne this morning for sentence. The
penalty for grand larceny is imprison-
ment for from one to ten years. Two
bunko men were sentenced by Judge
Dunno to seven years. which probably
is What Esola will get.
POLITICIANS ARE BUSY
A strong effort, it is understood. is
being made in certain political quarters
10 save Officers Mcphee and Taylor. 1t
iss hardly probable, however that any
thing will come OF this. as the district
attorneys Office declares its intention
OF vigorously prosecuting all the in
dicted men
The eight officers are to be tried
jointly. Judge Law1or yesterday deny
ing the motion OF the attorneys for the
defendants for separate trails.
All of the accused oficers-J. J..
Drolette, w F. McHugh, James Nc
Gowan, Charles Taylor. Charles Joseph.
Arthur Mcphee. Jack Sullivan and
Frank EsoIa-were in court yesterday
morning when the case was called
Esola, who had spent the preceding two
days and nights in the county jail, was
brought in through side door and sat
near the attorneys. The seven others
were scattered through the crowd.
EsoIa was haggard and his eyes were
swollen. The almost Indifferent bear
ing that characterized him during the
trial has given place to a strained ex-
preston, and yesterday he leaned for
ward eagerly and listened to the argu-
ments and the courts ruling.
All the eight men will fight the case.
says Attorney TN O'Connor. and a
strong defense will be put up. 1t is
probable, Mr.. O'Connor asserts, that all
VIII go on the stand in their own
behalf.
SAYS EsoLA HELD BACK
1T was the belief of all Of the attor-
neys for the defense in the Esola case
said Mr. o'Connor yesterday, that Dis
trict Attorney Fickert's reasonA for
forcing the trial OF the grand larceny
charge first was to make us show our
hand before the trial of the more inn
portant conspiracy case That is one
OF the reasons why we did not put
Esola on the stand
In the coming trial we purpose to
make a strong and active defense. and
we think we have a good case. 1t
promises to be a long trial, and time
viii undoubtedly be consumed in secur-
iaa jury The panel in Judge Law
lors court is composed chiefly Of BUSH
ness men Probably most Of them have
formed an opinion that might render
them ineligible as Jurors. through the