The San Francisco Call. Newspaper, January 16, 1902, Page 3

THE SAN FRANCISCO CALL, THURSDAY, JANUARY 16, c 1902. STAGE ROBBER WISHES TO DIE J. Iverson, Mendocino’s Amateur Bandit, At- tempts Suicide. Swallows Opium in the Broadway Jail, but Life Is Saved. After brooding over the possibility of a sentence in the penitentiary John e Mendocino stage robber, confined in the County Jail, at- pted to commit suicide Tuesday night swallowing a quantity of opium. er he had taken the drug & vered his condition and noti- ng to summon a doctor ily prepargg an emetic of warm water and forced it throat. The prisoner was om his cell and, assisted by > guard compelied to dor for several hours, so fall asleep. o have been relieved of Iverson was then re- 1l and a watch placed States priso {endocino hold up rt Bragg posed 1o a gunnysack e came up he the point of nrow up Mis passengers hem up he eir money with rob- er to throw e-box. After mpty bag investigation was was sent for and as : atements nce. After the crime was e was placed un- opium exist- Sheriff and his however, -~ that T by one of ment Satisfactory. v L. Ford says ent of his office int: cases.” e of his intimate with the circumstances em- The Attorney represents the sted in the pres. Mr. Ford says is not sual one. ———————— Randall Denies Charges. a: manager of the Wake- and who appealed to rain Walter M. Willett, ager of the firm, from en- vment of a loan of $16,000 g company by his wife, an afidavit yesterday nies the allegations made ed by Willett. The last dail of conducting the iner that a loss fol- ed the manager of s money to his own w ADVERTISEMENTS. How los the sack if he does not stoj To ettempt to nourish the stomach is dis- ased is like try- to £ill the with the init. When stomach and digestive will it take the men to fl the leak? y when the gans are dis eased, there is a digested and as- milated. Dr. Pierce’s Golden Medical Discovery cures diseases of the stomach and digestion sutrition. It stops* the leaks by which nutni- tion is lost, and enables the building up of the body by the nutri- tion derived from food. The gain in weight proves the cure. ~Three years ago I was sick with what the doctor called nervousness and indigestion,” ‘Warren E. Parker, of Orange Street, ucket, Mass, "He gave me medicine for le, but I cauld not eat even a little toast eal without ing severely. In a few! 1 began to have distressing right ‘my stomach. I called or sgain end be said I had catarrh of stomach; iost 2 pounds in three months. I com- nenced taking Dr. Pieroe's soon Deamo feel better. 1 bave taken six bottles of “Colden Medical Discovery.' two of ‘Favorite Prescription * and six vials of Dr. Pierce's Pel- lets. 1 have gained ten pounds. Can eat every- thing.* Dr. Pierce’s Pleasant Pellets cure con- stipation. visir DR. JORDAN'S crear MUSEUM OF ANATOHY 1051 MABZET 5T. bet. 60478, 5.F.Cal. eaknesses or any discase positively cwred by the oldest Specialist on the Coast. _Est. 36years. BR. JORDAN—DISEASES OF MEN Sonmitation tree nd suicty private. reatment persomelly or by leiter. undertakes. . HALL’S REINVIGORATO) Stops all losses in 24 hours. Five cundred reward for any case we canpot cure. This secret remedy tures Emissions, 1m) sil other wasting ef- ?ec“ of self-abuse or excesses. pent .w::.’fl bottle; 2 bo:l&. $5; guaranteed £ v SEAS % way, A Market st., B F. Bend for free book. ner. was reported to WHICH PROVES THAT L 2 = X 11l | | | | | [ | | | E RIORDAN AND MAHONY | THINKING 1T | OVER | | | i | 3 1 EXIT FLOOD | SCHMITZ SAYS ACCUSED. | Continued From Page One. | | | Mayor’s jurisdiction over gualifications | and the acts of the County Clerk on two grounds. He contends that the County Clerk is not a municipal officer and can- not be removed by the Mayor, in view of the Supreme Court decision in Crowley versus Freud. He holds further that, granted the Mayor's right to interfere, the alleged offenses were committed prior to Mahony’s election and prior also to Mayor Schmitz’s assumption of the duties of office, and therefore are not subject to | investigation by the Mayor. | When Mayor Schmitz interposed at the | investigation yesterday with the assertion that if the law had been violated by the signing of an ante-election contract and | the subsequent distribution of offices as reward for support dufing the campaign, the charter surély gave him power to act, | that the distribution of rewards, as per | contract, would be an offense falling | under the Mayor's jurisdiction—so Rior- | dan’s argument ran—the alleged contract had not been carried out. Signing the elections law, a State offense only, and not until the terms of the alleged contract were carried out could the Mayor, Rior- dan argued, have the slightest olaim to authority to remove Mahony from office. Mayor Anxious to Know Facts. Riordan protested further that the Mayor was seeking to place his client on trial without charges having been filed. | Mayor Schmitz said grave charges had been made in the columns of The Call, and he had given Mr. Mahony an opportunity | to deny under oath the truth of the al- | legations. He was anxious only to get at the facts that he might be guided to | proper action. The manager of The Call, who was present, importuned Riordan to let his client be sworn that he might deny, if he could, having signed the con- tract which he delivered to W. A. Deane, and promised if such denial were made to | file at once specific charges against Ma- | hony. | to be sworn, nor to answer the direct | question of the Mayor. The attorney | himself made a statement, asserting that his client had “signed no contract in vio- lation of the law.” Asked by Mayor Schmitz if he would deny that his client had signed the contract specified by The | Call, Riordan said that he would assert | only that Mahony had not signed any | contract in viclation of the law. | “Mahony does not deny directly the ex- istence of the contract. Riordan will not deny it. Flood, the stenographer who drew up the contract, dare not deny it. W. A. Deane will admit his full knowl- edge of it and others who have seen it will add their testimony. The contract itself will be produced in whatever court Riordan and Mahony elect to trust their case. Flocd denied in the investigation yes- terday any remembrance of drawing up or witnessing the particular contract re- ferred to by The Call. When he 50 tes- tified he lied and he knew he was lying. He knows that he admitted to the man- ager of The Call that he drew the con- tract and signed it as a witness, and told who the others were that signed it, and | that he later made the same admissions to a Call reporter. The County Clerk’s attorney was anx- | fous yesterday that the case against his | client be exposed in all its detall, though denying to the Mayor the right or privi- lege of questioning Mahony. Neither the Mayor nor his attorney, nor the manager of The Call was willing that such an ad- vantage glven the accused, and in consequence the evidence adduced of Mahony's guilt was but' a fragment of that held by the witnesses. B e e e e e e o] ) COUNTY CLERK TRIES R L EE Continued From Page One. 4 “You are trying to put my client on trial, though no charges have been filed,” rdan said Rio g = lient,” th f Th not sign that contract, we will see tha charges are regularly preferred. - | Riordan had another bolt ready. Granted | contract was in violation of the purity of | Riordan would not permit his ciient | = Again the invitation to go on record Wwas declined by the County Clerk. The Call’s Information. The manager of The Call was sworn. had come into his possession of Mahony's illegal acts. He repeated the terms of the and the witnesses. He told where the contract was at 12 o'clock yesterday, and gave the names of several reputable citi- zens who had seen the document. The witness stated that The Call was not a public prosecutor and had not filed charges, its duty having been fulfilled in the publication of the information it had secured. He declined to go further into detail, since Mahony refused to recognize the Mayor's investigation as valid, and further statement would only serve as in- formation on which the accused’s attor- ney could prepare his defense. John Flood, who was the stenographer to County Clerk Deane, and who drew up the document and signed it as a wit- ness, was sworn. He denled point blank at first that he ever discussed the con- | tract with anybody or admittéd that he | drew it up. “I cannot testify about this contract until 1 have seen it,” said Flood in re- sponse to a question by the Mayor. “Did you sign this contract made by Mahony to retain Mr. Deane as his chief clerk?”’ asked Mayor Schmitz. “No, sir, I don’t remember it. If I saw the contract I could tell better. I will not say positively that I did not siem it f my name is to the contract I will not deny my signature.” “Did you ever draw up any other con- tracts to keep men in the County Clerk's office?” asked Ruet. sir. “No, “What did you mean by saying that you drew up many contracts during the | campaign?”’ asked Ruef. “Well, I don't mean that I drew up con- tracts like the one—the one the papers are talking about now. I had lots of circulars and things to send out and I had lots of writing to do about that time, and I don’t remember much what I did.” Reporter Takes the Stand. William F, Britt of The Call staff fol- lowed Flood on the stand. Mayor Schmitz | took the witness in hand and asked: “Did you have any conversation with Mr. Mahony concerning the matter under inyestigation?” Yes, sir,”_ Britt answered. “Where ~did the conversation take place?” “At Mr, Mahony’s house.” ‘“Before or after the publication of The Call's charges?” ‘Before the publication of the story?” “Was there anything mentioned about the written agreement between Mr. Deane and Mr. Mahony whereby the lat- ter was to retain Deane as his chief deputy in the event of his election?”’ “To the best of my recollection nothing specifically was mentioned about the con- tract itself. 1 may have mentioned the contract myself, but I don’'t remember that Mahony did. The uub{ect-mutter of the conversation was clearly understood by myself and Mr. Mahony. “John Flood had been in private con- sultation with Mahony fully ten or fif- teen minutes before Mahony talked with me, and Flood told him that The Call had the inside information about the docu-. ment, and Mr. Leake had told him that it would be published in the paper the fol- lowing morning. T heard the conversa- tion between lood and Mahony uite distinctly. 1 was sitting in the hallway outside the room where the conversation took place, and as Flood talked in ani- mated tones I could not help but hear what was said. “I did not make any special effort to listen. I simply remained in my seat in the hallway, and as I knew the detalls of Flood's story very vividly I could not help but catch the drift of the talk. In order that I may be clearly understood I will narrate the details of how I happened to 80 to Manony’s house. Flood’s Admissions to Leake. “Mr. Flood came down to The Call busi- ness office Monday night in_response to a meslafe from Mr. Leake. He went into the private office with Mr. Leake and had quite a long talk with him. I was stand- ing outside waiting, and when the talk was ended Mr. Leake came outside and told me that Flood had corroborated the story that Mahony had signed a contract o retain Deane s his chief deputy and that Flood had drawn nessed it. “Flood. was still in the private office and Mr. Leake told me that Flood had asked him to send a reporter with him to Ma- contract. th Flood and see what came off between them. Flood | wanted the reporter with him so that he He recited in general the evidence that | contract, the names of the parties to il | it up and wit- | story L i 7 = BLO s UsHER oBLla i . SOME OF THE PERSONS IN- TERESTED IN THE MAHONY INVESTIGATION. = could hear Mahony say that he would appoint Deane his chief deputy, thinking that if Mahony agreed to do this the story. would not appear in The Call, “Flood seemed to be under the im- pression that if Mahony lived up to his agreement The Call would suppress the scandal. I called a cab and on the way to Mahony’s house on Hill street we had plenty of time to talk. During the con- versation on the way out Flood talked ~very freely. He first asked me if I knew the story, and when I told him I knew all the details he had no hesitancy about discussing the subject. He admitted having signed the document and told me he had ~ad- mitted it also to Mr. Leake. Could Repeat Contract Verbatim. “Flood said it was a shame that Deane was thrown down, and he sald he felt certain that after he had told Mahony that The Call had the whole inside of th> story and was going to publish it Ma- hony would appoint Deane to the posi- tion’ as he had agreed to do before elec- tion. He told me that Mr. Leake knew that he had signed the contract and could repeat its language almost word for word. “I asked him if Mr. Leake had repeat- ed the wording of the contract to him and he replied. ‘Why, yes: he knows it almost word for word.” There was mno doubt about Flood’s statements to me that night. He was going out to see Mahony to tell him that The Call had the whole story of the contract that he had signed and to tell Mahony that he thought that if he would live up to his agreement and appoint Deane his chief gefik the story would not appear in The all. Discusses Contract Very Freely. “On_the ride to Mahony’s house we dls- cussed the contract very freely. Flood replied to my questions without hesi- tancy. I asked him if he thought Ma- hony would suspect who gave it out, and he sald Mahony would not suspéct him. “I asked him if he was surprised when Mr. Deake told him what he knew of ihe contract, and he sald he was, He said that Mr. Leake knew so much about it that he could not deny the fact. He asked me to allow him to have a few moments’ private conversation with Mahony when we reached the house, and when we en- tered Mahony's home’ I remained In the hall and Flood went, into the room and talked with Mahony. He detailed his con- versation with Mr. Leake and told Ma- hony that The Call had the whole inside of the story about the Deane contract. He told Mahony that The Call knew that his name was signed to the document and that Mahony had also signed the docu- ment. Mahony Gets Excited. “Mr. Mahony was a good listener. } He never said anything while Flood was re- counting his experience at The Call office, and only blurted out a few sentences at the finish of the conversation. He said, ‘Deane is too hasty about this, My God, this story mugt not come out,’ or words to that effect. “Then the interview between Mahony and Flood terminated, and Mahony came out in the hallway where I was sittl and said: ‘My God, you're not goln;r:g publish this story. I must see Mr. Leake can fix this thing up in three ; £ I can see him to-night.’ iates 1€ “I told Mahony that I did not think he could see Mr. Leake. He was greatly ex- cited, and as I knew that he could not do | told me he would appoint Deane his chiet FLOOD CANMOT REMEMBER THE CoONTR AcT, B DoEs NoT D EXisTENCE. T ENY-1TS LIGHT OF OFFICIAL INVESTIGATION UNCOVERS EVIDENCE BERT MAHONY SIGNED BOND OF SHAME John Flood Made Dam- aging Admissions to Two Witnesses. Said He Signed Contract Mahony Made With W. A. Deane. Strong Testimony Ad- duced to Prove He Drew Document, i 7;4” AlLow me TOo SvaaEsT” SAYS RUER.. “At this time was the contract men- tioned?” asked the Mayor. “Not that 1 remember,” replied the wit- ness. When Flood and myself left the house I told Flood that Mahony. shied too much at the proposition of whether or not he intended to fulfill the contract with Deane, so I sent Flood back to ask him the point blank question whether he in- tended to carry out his written promise. “I walked down to the cab and Flood went back to ask Mahony the question. ‘When, Flood came back he sali ‘Mahony clerk and he wanted you to be present so you could hear him.” I told Flood that it was not necessary for me to hear him. “I simply wanted to satisfy myself that the story of the contract was straight and I was satisfled. When I got back to the office I rang Mahony up as per prom- ise and he told me that he would appoint Deane his chief deputy. ‘I will do any- thing you want,’ he said, ‘but for God’s sake keep that story out of the paper.” Flood Beats Around the Bush. “I had another talk with Mr. Flood last night. He did not talk as freely then as he did on Monday night. He did not, however, deny any of the statements he made to me the night before. He was a little less communicative and was a bit particular as to which contract he was being questioned about. He wanted to see e contract. He sald he made so many that he didn’t know which one I was talk- ing about. I told him the only contract I knew anything about was the one made by Mahony to retain Deane. He did not deny making the contract. The burden of his complaint was that he wanted to see the contract. “I asked him if he didn’t remember the exact wording of the contract and he said, ‘“That contract was nothing to me. I was not mentioned in it. Mahony did_ not promise to take care of me and I don’t remember the way it was worded.’ “I impressed upon his mind that it ‘was a peculiar thing that he wouldn't remem- ber the wording of a document of that kind; a document which guaranteed his friend_Deane a berth in the office, and he #aid, ‘Well, when that contract was made last October Bert Mahony and Deane and_ myself were all the best of friends and I never dreamed that they would fall out and that this thing would come out. At this juncture Mayor Schmitz ordered his messenger to recall Flood and have Britt’s testimony read to him. ; Mayor Schmitz ordered the official stenographer to read Britt's testimony to Flood. This being done Mayor Schmitz ked: 25D o0d, dis- tt 2" “Did you or did you not, Mr. cuss this contract with Mr. Brif “Well, your Honor, I did. “Then why did you testify that you bad not discussea fhe subject with any- body?” asked the Mayor curtly. “Well, I didn’t mean to say that, your Honor; I have talked about this to many pecple. Lots of people have asked me about the contract,” Flood replied. “Did you admit to Britt or Mr. Leake that your name was on that contract?’ “T did not deny that it was. I wanted to see the contract, and if T had signed it I would not lie about it.” “Now, Mr. Flood,” querled the Mayor, “that was an important and strange docu- ment. You knew it was a crime to make a contract of that kind, and do you mean to testify that you have no recoilection of having drawn it up or signed it?” “I will not say that I did not sign the contract. If I saw the contract I could answer more truthfully. I draw up many papers, but this; one: may have been dic- tate 0 me.” Sidesteps the Issue. “T will ask you BKIJD‘" said the Mayor, "dlld y&}\l ll‘nyflll.t in which Mr. Mr. Deane his Chief “T've heard about lots of contracts, your Honor; some of the papers say—' “Answer_the question yes or no,” thun- dered the Mayor, growing impatient with Flood’s manner of backing and filling and beating about the bush. “I have no recollection of having drawn it up,”” was the reply. “I may have writ- ten the contract under dictation.” Britt resumed his testimony and was brought back over much of that portion of it that related to the Mahony inter- view. “How far was that door to the room where Mr. Mahony and Mr. Flood talked from where you were sitt; in the hall- way?” asked Attorney Riordan on cross- examination. I should estimate the length of the hallway to be about twenty feet,” an- swered the witness. “I sat about three or four feet from the front door in gm;n. rect line the door to the m eno ear them g plainly. Flooa was excited and in mated tone.” s “Was_the door to the room open or B.uythlnsaéo stgn the publication of the sed him to stay home. He complained of being ill, and we went into the room and had a long talk. “Flood was there also, and Mahony talked to me of the troubles he had keep- ing faith with everybody who wanted a 0B, “He, said that 1t the Story waetuot blished and he & chance to gec own to the office he Would see that everything would.be all right.” 2" Riordan ed. "’.3’1‘! was shut,” answered the witness. “When I went into the room I found a “No, sir,” answered Britt. “He made no denial of it to me.* Schmitz adjourned the investigation until this afternoon at 2 o’clock. RUEF GIVES HIS OPINION. Declares That Mayor Has Power to Remove County Officials. A. Ruef, attorney for Mayor Schmitz, in an interview last night said: “The points made by the friends of Ma- hony and those who oppose the investiga- tion by Mayor Schmitz may be sum- marized as follows: “First—The Mayor has no jurisdiction If you intend to get a new overcoat this spring, why not buy it right now and get a lot of comfort out of it during this cold snmap in the weather? There is no ques- tion about this being overcoat weather and there is no question about this being the place to get the gar- ment, that is if you want the most pos- sible value for your money. We make overcoats to order from $10 upward. In the range of prices are included all the suitable materials for overcoats, so that you are sure to find what- ever you want. We will give you samples if you call. Of course you knew that our year’s free repairing - guarantee goes with every over- coat. table in the center and a chair right close to the door. I imagine from the differ- ence in Ct.!;xc: t%lonu of t::xetlrmvoleal dos’hn e chair n r.” PRl Bler’ then"took " the asked: “Did Mah it time the o TR BT At this point in the proceedings Mayor | Overcoat Weather Suits and overcoats satisfactorily made for out-of-town customers through our seif-measuring system—writs for samples. SNWOOoD 5 (- 718 Market Street and Cor. Powell and Eddy. POPE 13 5D 10 BE SINKING Rome Cor:"espondent Re-, ports His Holiness in Serious State. Passes Hours Without Being Conscious of What Is Going On. LONDON, Jan. 15.—Vanity Fair’s corre- spondent at Rome writes: The death of the Pope may be expected any day, as his Holiness can only be said to be just alive. He takes little nourishment and is generally half unconscious.: He suffers no pain and simply dozes the hours away without comprehension of what is going on around him. @i @ because he is a municipal officer and Ma- hony is a county official, and the Mayor has therefore no right to suspend a county official. “Second—The Mayor has no right to | act because the offense, if any, happened before the Mayor took office, and he can only investigate matters that have hap- pened or may happen during his term of office. _ : “In my opinion neither pesition is ten- able and as to these questions of law I shall so advise the Mayor and leave to him the sole determination of the facts and their sufficiency. The Mayor is a | broad-minded, honorable man, of keen per- ception and good intellect, and will deal justly with all questions brought_ before him ‘witnout prejudice or favor. 1 know that he has no predisposition in this case either way. “The contention that the Mayor has no jurisdiction to investigate these charges i because the Mayor is a municipal officer | and the County Clerk a county officer is based on what is known as the civil ser- vice decision to fix what is known as civil service qualifications for county of- fices. This decision proceeds on the theory that as the constitutional amend- ment known as section S% of article XI makes it competent for charters in con- solidated cities and counties to provide for the manner, in time and term for Which county officers shall be .elected, without making any reference to quali- | fications, that it is not competent for | city . charters to provide ecivil service | qualifications for county officers. “But this section of the constitution ex- pressly provides for fixing the terms of county officers in charters. The term of | county officers is fixed at two years, with the express and distinct provision that it may be cut off at any time for cause. This provision as to removal is equally potent with the provision fixing the term at two years, and if the cause exists the term extends only to the time in the de- termination by the Mayor that such cause does exist. The provision for removal is a part of the charter provision defining the term of county officers. “As to the right of the Mayor to in- vestigate charges which relate to occur- rences happening before the induction into office, there can be no question. Out- side of the question as to the execution | auring an official’s term as to illegal con- * | tract entered into before his term which would be in violation of law and would subject him to removal, there cannot be the least doubt. But that for any crime, felony or misconduct occurring before the taking of office an elected official may be removed thereafter, there can be no doubt. “As for example, if a county officer had embezzled a large sum of money, say thirty days before assuming the func- tions of office, and had succeeded in con- cealing the fact until after he had en- tered into office and the embezzlement had thereupon been discovered, it is ab- solutely certain that no court or authority would support the contention that the mere delay of thirty days in the discovery of that crime wouid assure that official's retention in office.” ‘