Los Angeles daily herald., 1890-03-14
THE IOYCE CASE.
A Jury Chosen and the
Trial Commenced.
JUSTICE SAVAGE TESTIFIEs
The Memorable Interview in the
''Tribune" Editorial Rooms.
O. A. Stevens Called.

Yesterday the grea. case of the people
against II. II. Boyce, editor of the Tri.
buns, was begun in Department 6, before
Judge Lucian Shaw. So much has been
published about it heretofore that great
deal of interest is felt in the case. The
courtroom was filled all the afternoon.
Following is the jury trying the case:
Henderson Cheney, g, Duncan, G. V.
d. Brand, J. A. Montgomery, 9. N.
Earl, J. A. Forthman, L. d. Woodworth,
A. ]. Scarf, William Stohl, @. @. Lamb,
G. Ferguson, Charles E. Spencer.
When court reassembled at O'Clock,
after the noon recess, Assistant District
Attorney Hardesty stated the case to the
jury, and at once Theo. Savage, Justice of
the Peace, the prosecuting witness, who
is alleged to have been blsckmailed, was
put on the stand, @. G. Stevens, Esq, :,
taking him in hand. Mr.. Stevens is re-
tanned by Justice Savage to assist in
the prosecution. The witness stated
that he is 25 years OLD, married, has one
child, is a Justice of the Peace, residing
in this city. In August, 1889, his family
was at Santa Monica, and he went there
nearly every night. On the evening Of
the I'd Of August, in that year,
about 6 O'Clock Harry Johnson, con-
stable in his court, came to his house in
Santa Monica, and told him story was
about to appear in the Tribune next
morning, unless something could be done
to stop it. The two went to stable,
procured team and drove to Los Ange
les, arriving at the Tribune Office about
III O'Clock. Mr.. Savage saw o. A. Stew
ems, at that time city editor of the paper,
and asked him about the matter. Mr..
Stevens acknowledged there was story
on the youthful wearer of the judicial
ermine, but said Col. Boyce, the con-
trolling spirit of the paper, must be
seen, as he had no power to suppress
matter that came into his hands.
Savage was then shown to
the Office of General Boyce
When the two men we're alone, Boyce
told Savage that he had written state
ment of lawyer in the city charging
that some time previous to this Savage
had been out on tear with the boys,
had become hilarious to an extreme de-
gree, and that while in this state of ex
hilaration he had gone with these j1lly
boys to noted maison de joie in the city,
where he had contracted a loathsome
disease. Savage said the publication of
such story would ruin him socially, Of
fcially and every way. He urged Mr..
Boyce not to publish the story, assuring
him the statements were all false.
Boyce asked him if he had any enemies,
and Savage replied that he supposed like
most men he had incurred the dislike of
more or less people, but that he did not
think anyone was so bitterly his enemy
as to wish his ruin in this way. Boyce
assured him that was q mistake; that
two men, the lawyer who made the
statement and another, had in
sisted that the story be run
to show up Savage. The circumstantial
details of the story we're such that Gen.
Boyce assured Savage he was led to be-
ieve it true. Boyce further stated that
he was offered $3.50 to print the matter.
Savage said if these people, whose names
ne did not learn, were 30 anxious to ruin
him, they would find some other paper to
print the story. Boyce told him he had
the paper and they could not get it. Saw.
age said they could write the story out
afresh. Boyce then told him he WAS too
busy to do anything that night, but told
him to come back next day at IL O'Clock
and he would see what could be done.
When Savage called next day he met
Boyce in the same place, the editorial
room of the Tribune. The story was re-
sumed just where it was left, and Boyce
reiterated the statement that these people
were pressing him hard to publish the
story. Boycs said the Tribune did not
desire to publish the story, but
that the Cactus or thu Times would
if it were offered them. He told
Savage he could control this lswy or,
who. no said, ''belouged to him." that
he had "the whip-hand' of him, and
he could prevent the publication. Boyce
said he was willing to prevent the publi-
cation of the story and asked Savage
what he should do. Savage told him he
wanted the publication prevented, and
Boyce said he would see to it. Mr..
Boyce then told Savage of the support
the Tribune had given him when he ran
for office, aud thought he ought to be-
grateful to him for it. Savage said he
was very grateful, and said if he ever
could do anything in return be would be
glad to do it. Boyce said the Tribune
was needing money, that $3.50 was good
deal, and that Savage ought not to let
the paper lose that much money. Then
the proposition was made direct, that
for $3.50 he would stop the publication of
the story. Savage said he was poor,
and did not know where he
could get $3.50, but that he would
see what he could do He went out and
came back after bit, and paid Boycs
$50 in gold coin, two pieces of $40 each
and one of $40. He promised to raise
the balance as fast as he could. Boyce
shook hands with him, and told him to
go home and sleep, that the story would
not appear. From that time Savage
stated that he received numerous duns
from Boyce to pay up the 5000. One
such request was made in writing. At
other times he was communicated with
by telephone.
At this point w. F. Fitzgerald, Esq,
counsel for the defense, put IN his first
objection. He argued with much force,
that extortion was not promise to pay,
but that the actual payment of money
was necessary to constitute that crime.
He wanted the inquiry confined
to the fifty dollars alleged to have
been actually paid. Lawyer Stevens
met this objection with the statement
that this evidence was introduced merely
to corroborate the fact of the $50 being
paid and to provo the intent to extort in
that transaction. For this purpose the
evidence was ruled to be admissible.
The letter received by Savage was then
introduced to his notice and identified.