Los Angeles herald., 1891-11-07
BRUNER AT THE BAR
The Boodler in Judge Wal
lace's. Court.
He Makes an Argument in His
Own Behalf.
His Motion to Set Aside the Indict-
ments Denied.
The Supreme Court Grants Him Writ
OF Prohibition-Four More Indict-
ments Returned by the
Grand Jury.
Associated Press Dispatches.

SAN Francisco, Nov. 6.-Ex-Assem-
blyman Bruner not having succeeded in
obtaining a writ of prohibition from
the supreme court, his case came up in
Judge Wallace's court this morning.
Attorney General Hart was present, as
were the members of the grand jury
who had been subpenaed as witnesses
at Burners request. Bruner stated
that as his counsel was physically una
BILE to make argument, he would con-
duct his own case. Barclay Henley,
foreman of the grand jury, was then
called as witness, and was asked by
Bruner if it was on the latter's testi-
mony that the indictment for perjury
had been found. The court sustained
District Attorney Barnes's objection.
Bruner then questioned Henley as to
how he came to be a member of the
grand jury, and if he had not consented
to serve only upon the earnest solicita-
ton of certain persons. Bruner stated
that he wished to show that the mem
bers of the jury were biased, but the
court sustained the objections to the
questions whether special counsel had
not been employed and whether witness
had not contributed money to employ
detectives and special counsel.
The Encouragement said the state
constitution expressly provided that in
the investigation of legislative scan
DIAL, a witness was obliged to testify.
Bruner, when he took the Office of as
semblyman, swore to obey the state con-
stitution, and consequently he had no
right to refuse to testify before the grand
jury, or to claim such right.
BRUNER's MOTION DENIED.
Judge Wallace then denied the mo-
ton to set aside the indictments. He
will write an opinion that will cover the
points advanced.
The demurrer to the indictment for
agreeing to receive from Adolph Ottin-
ger a bride of $500 for voting against
a state bill, No. FOG, was called up.
Judge Wallace read the indictment care
fully and then expressed the opinion
that there was nothing on the face of it
to show that the act had been done in
this county. The indictment charges
that Bruner agreed in Sacramento to
accept bride, to be paid in San Fran
cisco, but does not charge that he
agreed here, or received any money
here, or received any money in Sacra-
mento. The matter went over until to-
morrow.
AwRrT OF PROHIBITION GRANTED.
The state supreme court late this aft
ernoon granted the alternative writ of
prohibition petitioned for by Assembly
man Bruner, restraining Superior Judge
Wallace from proceeding further in Bru-
ner's case. The writ is returnable be-
fore the supreme court on Monday next.
FOUR MORE INDICTMENTS.
The grand jury today found four in
dictments, but the names are kept Sc
crit until the parties can be arrested. 1t
is understood, however, that one of the
indictments is against Martin Kelly, a
well known politician, who shot at
hackman few weeks ago, and the other
three against ex-State Senator William
K. Williams, who is alleged to have
been one of the ombination which was
formed in the state senate for the pur-
pose of conducting dishonest legislation.