The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-12-01
Defending Counsel Pick a Hole
in the Indictment, and the
Defendants Escape.
WERE ONCE IN JEOPARDY.
Probability of Future Action Being
Taken aud the Accused Ar
raignsd in tho supe-
rior Court.

The Harris.Platt conspiracy suit has
had an unhappy termination-for the
government. Keen witted counsel
picked flaw in the indictment. and. ON
motion to dismiss, Judge Ross sustained
the motion, the indictment was quashed
and the two defendants went free.
While this ends the matter, so far as
the United States court is concerned, it
il possible that new indictment may be
drawn and the defendants rearrestsd
and arraigned in the superior court.
Whether the plea of once in jeopardy
can be sustained remains to be seen. Ger
tain it is, however. the evidence will
have to be stronger. than in the federal
court to hold the defendants. Albeit
the defendants had had q previous trial.
the evidence the second time was much
weaker than on the first. Some of the
testimony for the prosecution was Curl
GUS. to say the least.
During the examination of Detective
W. A. Bosqui, one of the officers detailed
to hide himself in the room OF Crandall.
and who saw the check. Mr.. Bosqui
could not recall any of the circumstances
that had much OF . bearing on the case
for the prosecution, and after O strong
attempt by District Attorney Denis and
Judge Ross to get his evidence, he was
excused.
The next witness who testified was ].
R. Harris, the defendant Platt's business
partner in the jewelry store. He testi-
fed to Plat having advised him to 60
and see Crandsll and to make the propo.
eition that he would receive from him
the discriminating documents in the pos.
session OF Emil Harris. Plat told him
that there Was $4,000 in it for them both,
and when witness wanted to know where
Emil Harris would get off in the transac-
ton. Plat replied: "Oh, he won't be
in it,"
This little arrangement witness did
not acquiesce in. After identifying the
letters submitted in evidence as being,
to the best OF his knowledge and belief,
in the handwriting OF the defendant
Plat, the witness stated that the latter
told him that "he (Platt) was playing
Mrs. Crandall and was going to get some
diamonds, etc., from her, and that l
(witness) could work her husband, and
make . double-header of it," Witness
was led to believe that il Emil Harris
did have any documents in his posses
sion rejecting upon the character of
Mr.. Crsndsll they would only be used as
. lever to extort money from him.
Nothing of interest was ELECTED from
this witness under cross-examinstion.
The prosecution put forward Thomas A.
Lewis, assistant postmaster of Los An.
geles. He simply identified the official
marks of the postofice department upon
the envelopes which contained the let.
ters sent in pursuance Of the black mail
ing scheme. Having done so, the gov.
eminent rested its case.
SENATOR WHITES MOTION.
The court at this point granted a re.
cess for fifteen minutes to permit counsel
for the defense to confer. Upon the re-
converting OF court Senator White moved
that the action be dismissed, as effectiug
both defendants, and the jury be in.
structed to acquir.
In proceeding to argue the motion the
senator raised an ingenious plea. He
commended that the indictment did not
state facts constituting an offense against
the United States, that in no place
whatever was such an allegation made,
and furthermore, that the facts set forth
failed to disclose that the defendant
Harris had anv knowledge whatever
that the United tates mails were being
used. Referring to tine Revised Statutes
of the United States, paragraphs l440
and 54sc, which refer to offenses against
the postoffice department, Senator
White proceeded to draw the distinction
between the incidental using of the mail
service by one Of the defendants, and
conspiracy, as defined by the law that
such using was part OF the precon-
ceived scheme to misuse the United
States mail. To fulfill the conditions re.
quired under the statute it WAS necessary
that one of three essential things be
done. and they are specifically set forth:
An intention to defrsud, a design to
open correspondence, or the taking of q
. letter from the postoffice. The
senator contended that the only
way in which the federal court
got Jurisdiction was in consequence of
an otfense being presumed against the
United States mail department and yet
the Indictment itself negatives the idea,
for after setting forth the facts OF the
conspiracy the mails then were used
and in an incidental manner. I'm order
to show conspiracy between these two
men," argued Senator White, sit is nee
essary TO show they agreed to mail par
ticular letters. and in that way only can
the federal court have Jurisdiction. The
other ofenEes are punishable in another
manner"
United States Attorney Denis ap.
pearsd to rest his side OF the case on the
mere fact of the letters having been
in the mails. He had diff.
Guilty in satisfying the court. but
claimed the phraseology of the indict-
ment was q part OF the act of congress,
and if anyone was in fault it must be
congress and not counsel. He contended
that the words used by Justice Field, in
the opinion quoted from by Senator
White, we're used in one pert of the act
OF congress, while those used in the in
dictment were made use of in another
part of the act. and he could not be
limited to one part alone. He reiterated
that the act constituting the ofense wss