W. T. Baggett, Assistant City Attorney,[110] followed Shortridge. Mr. Baggett read a letter from the Acting Mayor, setting forth the fact of Langdon’s removal, and joined with Shortridge in pleading for delay. But the pleas of both gentlemen were denied. Judge Graham repeated his opinion given earlier in the day that Langdon should be recognized as the de facto District Attorney, and ordered the impaneling of the Grand Jury to continue.
Shortridge thereupon announced his desire to participate in the examination of the Grand Jurors. Heney objected to Shortridge appearing as a representative of the District Attorney’s office. Shortridge replied that he respected Judge Seawell’s order, and had no intention of violating it. He asked if he would be permitted to act in the capacity of amicus curiæ[111] in examining jurors. This privilege was accorded him.
The examination of the Grand Jurors occupied more than a week. Several of the nineteen were excused, it being found that their names were not on the assessment roll.
The examination was concluded[112] on November 7th and the Grand Jurors sworn. B. P. Oliver was appointed foreman. From him the body received its name of Oliver Grand Jury. The Grand Jury organized by electing C. G. Burnett secretary. But one important question remained to be decided, namely—Was Ruef or Langdon to represent The People at the investigation into graft charges which the Grand Jury was ready to begin?
CHAPTER VIII.
Ruef Loses the District Attorney’s Office.
While the impaneling of the Grand Jury was going on before Judge Graham, Ruef was disputing Langdon’s title to the office of District Attorney before Judge Seawell. In these proceedings Samuel M. Shortridge appeared with Ruef’s attorney, Ach, and Deputy City Attorney Baggett, not as amicus curiæ, but as Ach’s associate in the legal contest to force Langdon out of office.
The principal feature of Ruef’s case was the introduction of affidavits, signed by sixteen members[113] of the Board of Supervisors, in which the Supervisors denied committing felony of any character. Later, after the Supervisors had confessed, these affidavits were to be used by the defense at practically all the graft trials in efforts to break down their testimony against the bribe-givers.
During the examination, Ach endeavored to force from Langdon and his deputies a statement of what evidence they had against Ruef. In this Ach failed. On the other hand, the prosecution sought to bring out testimony that Ruef had directed Gallagher to suspend Langdon.[114] To this end Heney placed Ruef on the stand. But Judge Seawell stated[115] that he did not at that time wish to go into question of motive and the point was not pressed.