The morning call., 1892-05-27
THE BRUNER Case.
1t Is Again interrupted by Mr.
Henley's Sudden Illness.
Two sacrame nto Grand Jurymen on the Wit
ness-stand for the Defense-Au Evasivs
Reply From the Bench

The proceedings against Assemblyman
Elwood Bruner before Judge Cotfey were
again interrupt ted by the sudden illness in
court yesterday Of Barclay Henley, the law
yer representing the prosecution on behalf
of the Citizens Defense Association. Short
~ before noon Mr.. Henley, while engaged
in the cross-eXamination OF II. r. Crouch,
another member of the Sacramento Grand
Jury, buried his face in his hands and COM
planned of severe pains in the region of his
heart. He sat still for few moments. and
then spoke quietly TO Mr.. Reddy, the coun-
sci for Bruner, saying he was unable TO
proceed. Mr.. Reddy expressed sympathy
with his adversary, and advised him to call
a physician. Judge Coffey ordered brief
recess, and invited Mr.. Henley into his
chambers, where they were soon joined by
Mr. Reddy. When the Judge resumed his
seat he announced an adjournment until
o'clock At that hour, Mr.. Henley being
reported confined to his home an adjourn
ment was NJ the request of District Attor-
ney Barnes, taken until IL o'clock this
morning.
A FRIEND OF THE DEFENDANT.
The first witness called IN the morning
was o. a. LoYdal, the Sacramento grand
juryman who was on the stand when the
CUuIl SUuututg duJbuAueu Ou W tuuboubH
afternoon. His DISCRIMINATION was re-
sumed by Mr.. Henley. The witness adj
mtted he was a friend Of the defendant and
sympathiZed with him in all his troubles.
He saiu he knew tie law prohibited grand
jurors from divuiglng the secrets of the
jury. but he had done so. and that was all
he knew about il. he was positive that
when Ottinger was before the Sacramento
Grand jury he had asked OttingeT Did
you Lave any conversation with Bruner
al, t.f Son Nuar uf. hon,
Ottinger replied. NO, sir" That might
not have been the exact form of the ques-
ton, but il was its effect substantially.
AN IRRELEVANT EXAMPLE.
Mr. Reddy in his redirect examination
sought to obtain q statement from the wit
hess that Henley, as foreman Of the anti
Doodle Grand Jury, had offered TO furnish
the Sacramento Grand jury with the evil
dence obtained by him as foreman neces-
sary TO convict Bruner The object was to
show that Loydal had only followed Hen
ley's example.
Mr.. Henley objected to this line of ex-
animation on account OF its IrreleYancy and
also because If Reddy's statements were
true the anti-boOdle Grand Jury, according
to the Supreme Court. never had any legal
existence.
Judge Coffey sustained the objection. He
said that even If Henley had been foreman
of a legal Grand Jury his example would
not excuse another for the commission Of a
crime.
Before LoydaI left the witness-stand he
asked Judge COtfey whether there had been
anything in his evidence to show that he
had violated his oath as grand juror.
CLEVER EVASION.
Judge Coffey raised a laugh on the Sac
ramentO man by asking him two questions.
His first question was, "Mr. LOYdal,
did you ever study law ?"
''No, sir" said Loydal.
did you ever practice law?" was the sec
0nd question, the Judge adding, II ask you
this because it is the custom OF some per-
sons to practice law before they study
mo. never pTacticed law" answered
Lovdal, as he fed from the courtroom
amidst rOars OF laughter.
The next witness sworn for the defense
was II. X. Crouch. also late a member of
the Sacramento Grand Jury. Il corrob-
Grated L0Ydal in regard TO Ottinger, testify
ing that he distinctly recOlieeted the ticket
scalper having said he never cOnYersed
with Bruner in San Francisco on the sub
ject of the scalpers' bill. He could not re-
member whether 0ttinger had denied see
ing BTuner in this city. He did not think
the Grand Jury knew that Ottinger had
saloon in the rear Of his ticket Office
Owing TO the sudden Illness of MIR. Hen
ley the court adjourned at IL 80 until 2
O'Clock.
The afternoon session lasted about 10
minutes. Mr.. Henley was not present and
on motion OF District Attorney Barnes the
further hearing was postponed until this
morning at IL o'clock.