Frank J. Murphy, one of Ruef’s attorneys, immediately jumped to his feet, and claimed the court’s attention.
“If your honor please,” said Murphy, “if that completes the examination of this panel and it is necessary to draw further from the box, there is a statement I desire to make to this Court which is based upon some reflection and upon the advice of the Presiding Judge of this court. Some several weeks ago, or about two weeks ago I should say, one of the jurors upon this panel sent to me indirectly and offered to accept money for his vote. Charges of bribery, of course, have been numerous in connection with this case, but this is the first instance that I have ever heard of in connection with this case or in connection with any other case that any juror has solicited a bribe, or has been offered a bribe. I consulted with Judge Sturtevant[393] about the matter on the 1st of September. I stated to him the facts in the case and he advised me that whenever the time became ripe for the juror to be called into the box that it was my duty to present it to this court. Now, the juror’s name is John Martin Kelly, and I was informed indirectly that Mr. Kelly solicited $1000 for his vote in this case, and the matter is of so much importance, your Honor, that I think an investigation should be had by this court before this case proceeds further, and if necessary the Grand Jury should look into this matter and give it a thorough and exhaustive examination. Now, if your Honor please, I don’t want to do Mr. Kelly an injustice. I would hesitate, if the Court please, to make a charge of that kind, but my informant is a man whom I have known but a very short time, and after a thorough examination by me of him, after eliciting from him every fact I could in connection with the case, I am induced to believe that he came with authority from Mr. Kelly to make this proposition to myself and one of the attorneys who was connected with one of the other cases. Now, if the Court please, under the advice of Judge Sturtevant, whom I consulted on the subject twice, I deem it my duty to call that to the attention of your Honor and if it is necessary to file any affidavit to set the machinery of this court in motion I am willing and ready to procure an affidavit to file so that a complete investigation may be had of this matter.”
Murphy’s statement created a sensation, which was more than duplicated by the statement made by Heney the moment after.
“If the Court please,” said Heney, “before Mr. Murphy takes the stand I have a statement to make. Mr. Murphy says that he discussed this subject on the 1st. I have in my pocket a statement dictated by Mr. Kelly—this is one of the most audacious pieces of business I have yet met with—I have a statement made by this juror on August 28, 1908, that is before Mr. Murphy bethought him to go and see Judge Sturtevant, in which this juror sets forth fully the fact that a man was sent to him to bribe him in this case, and this juror not only made that statement on August 28th, but this juror went to the District Attorney’s office, to Mr. Langdon, the other day, on July 31st, the day it was made, it is a long time now and he has been acting under the District Attorney’s advice ever since, and Mr. Murphy never saw fit to call your Honor’s attention to it until he saw Mr. Kelly come in the door there and anticipated from the fact that Mr. Blake was traced to Mr. Ach’s office yesterday that Mr. Kelly was about to state to your Honor that he wanted this matter investigated, and that an attempt had been made to bribe him, and that under the District Attorney’s advice he was going on to permit them to pay the money, if necessary, so that we might catch them in this act, and it is only because they have had occasion to suspect we knew it, that Mr. Murphy has the audacity to come in here and ask for an investigation. Now, we ask that Mr. Kelly take the stand and make the statement to your Honor that he came here for the purpose of making, and that Mr. Murphy didn’t say anything about until he saw him standing there ready to make it to your Honor. He jumped up as soon as he saw Mr. Kelly walk in here.”
After Heney had made his statement, Murphy took the stand and swore that Kelly, through Blake, had solicited a bribe of $1000 from Murphy to vote for Ruef’s acquittal. Nevertheless, Mr. Murphy, as well as Mr. A. S. Newburgh, another of Ruef’s attorneys, admitted under oath that they had suggested to Blake that he interview Kelly.[394]
Kelly took the stand and testified in a straightforward manner that he had been approached by Blake, that he had consulted with the District Attorney, and that a trap had been set to catch the alleged jury-fixer.
Detectives were sent out to notify Blake that he was wanted in court. But Blake could not be found. Later he was arrested as he was about to board an outgoing train.
Blake was found to be a poor man on the brink of bankruptcy. He had neither money, nor property. Nevertheless, attorneys[395] came forward to defend him; bonds were furnished him. The most powerful and wealthy defendant in the graft cases was not better served. But the best of legal service could not save Blake from indictment. Later, both Newburgh and Murphy,[396] Mr. Ruef’s attorneys, were indicted also, charged with corruptly attempting to influence a juror.[397]
Kelly, at Blake’s trial, told the same straightforward story which he had given at the original investigation. He was corroborated by his employer, and others. His testimony was most sensational. He stated, for example, that Blake had told him that it would be easy for him to qualify as a juror; that Ruef’s attorneys would try to make it appear that they did not want him, and that their examination would be so thorough that the prosecution would not ask a question. Blake had also told him, Kelly testified, that he need not worry; that some jurors had taken money for their votes in the former Ruef trial and had not been caught.
Blake was convicted. He was later sentenced to serve four years in the penitentiary. After Blake’s conviction, but before sentence was passed upon him, he sought out Attorney Matt I. Sullivan, one of the few prominent San Francisco attorneys who had kept free from entangling alliances with the graft defense. To Sullivan, Blake made confession[398] of his participation in the jury-fixing transaction. In his confession he involved Attorneys Murphy and Newburgh. Later, in open court, he made public statement of his participation.[399]