The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-01-26
AN EXPENSIVE LUXURY
San BernardinO's Farce of a
Grand Jury.
Every Indictment Returned by
1t Quashed.
One of ITS Members a SelfACOnfessed
Ex-COnVict.
Sheriff Booth aud Senator Seymour
Fully Exonerated = Taxpayers
MuIcted to the Tune of $4,000
Through Stupidity.

Special to the HERALD.
SAN BERNARDINo, Jan. 25.-Todsy all
the available space in department
one OF the superior court wac occupied
by crowd that was anxious TO witness
the outcome of the hearing of the cases
against Sheriff James P. Booth and Sem
ator E. O. Seymour, returned in the form
Of indictments by the grand jury.
Judges Otis and Campbell were sitting
in banc when the cases came up for hear
ing. When the count called for order
and the talking had ceaeed, the clerk
read the indictments and the attorneys
for the defense at once moved to set
aside the indictments against Sheriff
Booth, it 6rst being agreed between the
district attorney and the attorneys for
Measrs. Booth and Seymour, that the
one case should be criterion of both.
The grounds upon which the motion was
made were first, that no vote was taken
upon the indictments separately, but
that the 10 were Jumped together and
voted upon as a whole by the jury (;
secondly, that IL of the jurors did not
vote in favor of returning the indict-
ments; thirdly. that one of the jurors,
W. j. Bodenhamer, was incompetent to
serve, having previously been an inmate
of the Jefferson City prison OF Missouri.
A. j. Downer, mem ber of the grand
jury, was placed on the stand by the
defense, WAS sworn and testified that
only one vote was taken, and that was
to indict Booth and Seymour, and that
the number of indictments or what
they were for WAS not stated.
II. B. Smith, foreman of the Jury, was
called next, and stated that the vote was
taken on 10 Indictments, five against
Booth and five against Seymour, by ris-
ing. He was not positive the indict-
ments were present when the vote was
taken, and witness did net know
whether the contents of the bills were
ever read to the jury. The vote to re-
consider this action was eight in favor,
leaving 10 opposed, one being absent.
Here the court took q recess until
II 80, when j. w. Bodenhamer ap.
peared and was sworn touching his
qualifications ss a juror. Under oath
he stated that he had been convicted of
embezzling public funds while receiver
OF the United States land office at
Springfield, Mo-, but had been par
doned by the president. He said he
was also convicted of larceny from a
dwelling and sentenced to states prison
at Jefferson City. For this felony he
never received pardon. In answer to
an inquiry as to whether he was present
when the cases of Booth, Seymour and
Kstz were under consideration, he said
that he was. In the first named case
rumor says he made himself particular
ly officious.
District Attorney Oster then took the
floor and said that he wished to be fair
and honorable in the discharge OF his
official duties, and that he had investi-
gated the matter of Mr.. Bodenhamer's
disqualification carefully, and if he had
a pardon from the governor of Missouri
he would contest the cases, but ae no
pardon was granted he would therefore
interpose no further objections to the
motion of the defense.
Judge Otis then announced that the
judges concurred in sustaining the mo-
tions, and that the indictments are
quashed, the defendants discharged and
fully exonerated, and their bondsmen
released"
The light that passed over the faces
OF the crowd plainly indicated the
pleasure oil felt at the vindication
Sheriff Booths and Senator Seymour's
friends pressed around them to offer
their congratulations on the result of
the cases. Only the place deferred the
assem- blage from cheering. The expose
OF the political plot has made the genial
sheriff many friends, who were pleased
to see him fully vindicsted. The at
tempt OF local sheet to explain the
play was very gauzy, to cay the least,
and the man who instigated the pro-
ceedngs is political corpse.
This morning Deputy Sheriffs McFar-
lane and II. Thomas arrived with w. ?.
West, T. G. West, Henry Gardner and
j. B. Tatman, who were arrested at Por-
terville, Tulare county, on indictments
returned by the late costly grand jury
on a charge of false swearing to jack
rabbit bills. Their cases will probably
be called tomorrow, when all will be
discharged.
This relic, in the form OF grand Jury,
or a set of dummies, as their proceed
ings indicate. has cost this county about
$4,000, and the work accomplished can
only be summed up in their attempts
to besmirch some honest mans charac-
ter. 1t has been farce from first to
last.