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The defendant was indicted by the grand jury for the crime of offering a bribe, to wit, $4,000, to John J. Furey, a supervisor of the city and county of San Fran cisco, with the corrupt intent to influence the official action of said supervisor in the matter of granting a franchise to the United Railroads of San Francisco, a corporation, to operate and maintain its street-ears by means of an overhead trolley electric system, instead of the underground cable which it had been using.

No question is raised as to the sufficiency of the indictment.

The trial commenced August 27, 1908, and continued thereafter until December 10, 1908, at which time the jury returned a verdict finding the defendant guilty as charged.

He made a motion for a new trial and also a motion in arrest of judgment, both of which motions were denied, and he was thereafter sentenced to a term of fourteen years in the state prison at San Quentin. This appeal is prosecuted from the judgment and from the order so made.

Counsel have seen fit to. bring up the whole record, including the testimony in full by question and answer, together with the arguments of counsel on questions of law during the trial, and the…