The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-04-23
The TOmahawk Over 1t on a
Judicial Proceeding
THE SUMMARY PROCEEDINGS
Mr.. Dalton Wheeler's Charges OF lnactl0n
Against the Official
No Sensational Events Occurred In the Pro-
ceedings at Yesterdays
Session

yesterday morning by Judge Van Dyke
in department four. There were present
quite number of spectators, who all
seemed intensely interested in the pro-
ceedngs, which, however, were devoid OF
anything sensationl.
The first witness put on the stand by
petitioners attorney was Colonel H. 6.
Otis, who testi fed as to the circulation
of the Times.
The next witness whom tho petitioner
called to the stand was the respondent,
Major J. A. Donnell himself. He re-
lated his meeting and conversation with
the petitioner and his friends on Febru-
ary 18th, when they applied for criminal
complaint for libel against Colonel Otis.
Being upon the point of departing for
Sacramento. he turned the matter over
to his assistant, W. T. Williams.
Attorney kendrick wanted to know
whether the district attorney was attend
ing to business pertaining to his office
while away at Sacramento. The question
was objected to.
The court held that the major might
have been ouc fishing, and it would be
nobody's business. The objection was
sustained.
Upon his return from the north every
deputy connected with the district attor-
ney Office called the major IS attention to
the two alleged libelous articles and the
course they had taken regarding the de-
mand for criminal complaint. When
the witness again saw Mr.. Wheeler. the
latter declared that the deputy district
attorneys were uttely incompetent. and
that he now came to the chief of the
office. After again investigating the mat
ter Major Donnell positively denied the
complaint. 1t was then that Mr.. Wheeler
is alleged to have said: ''Well. l will get
even with Colonel Otis some way. | Will
slip up behind him some time with
baseball bat" The witness testified that
he warned petitioner that such conduct
would lead to the issuance of complaint
but it would be against himself
(Wheeler) in that case. When Miss Jose
phine Holmes called at the district attor-
neys office SO Major Donnell was in
formed by Deputy District Attorney Will
entitled IA Queer Lot-That's What, ~
and asked her seratim about the matters
therein contained, and she replied to all
of them that the allegations in the So
called libel were true. Mr.. Taylor, who
escorted Miss Holmes, warned her to an
swer no further questions and demanded
that complaint be Immediately drawn
up against Colonel Otis. This Willis posi-
lively refused to do. as all the facts in
the article complained of were true.
Witness denied that Miss Holmes had
ever called upon him personally for
complaint.
The manner of Mr.. Hendricks exami-
nation OF Major Donnell called for object
ions from his attorneys, and the court
said that it was not properly conducted
because the petitioner had made him his
own witness.
In the afternoon when the case was re-
sumed the seventeen ladies and a num-
Der OF the men, who are all witnesses in
the case. were excluded, when the district
attorney again took the stand, Major
vnrsa n
he had with Dalton Wheeler, in which I
the petitioner, after one more rebuff IN
the matter OF getting complaint, asked
the district attorney if he would have
any objection to be cited before the SUI
perior court under section 772 of the
penal code. Witness replied that he did
not care what section he was cited under
or what they did. Wheeler and Taylor
said that Donnell was either an ncompe-
tent or knave.
finding out whether the fact that the
Times had supported him during the
campaign had been material in influence
ing him when he refused to issue com
plant as a preliminary step to the arrest
of its editor in-chief. Major Donnell's
answer was: Il respect Colonel Otis, but
| don't fear him."
1t would be great advantage to have
him rather as a friend than as an ene-
my?' next queried kendrck.
Il don't know. | would rather have his
influence than not. l would rather have
the influence of any paper in South
ern California, was the reply.
The mai did not think he could
speak intelligently as to the Times an
tagonism in the past to certain people,
except possibly in couple of instances
during the last political campaign. With
reference to the Times action in regard
to Judge Mckinley he disclaimed any
knowledge as to whether the assaults of
its editor were inspired by malice or the
result of good faith. A number of names
OF other prominent people whom the
morning contemporary had opposed were
brought into the inquiry by Mr.. Kendrick
for the purpose of getting Major Donnell' S
opinion as to the. motives which had
swayed Colonel Otis in roasting them.
Witness related the remedies which
other compliments that they still had.
after he had refused them a criminal
complaint, such as going before the grand
jury or suing the Times civilly. He de-
MED that he had wilfully neglected to file
informations against persons held to an
swer. within thirty days as prescribed by
the code, at any time or any circum-
stances, but he admitted having told Pc
titioner that he daily refused to issue
numerous complaints in frivolous cases.
On several occasions the court reminded
the attorneys for the petitioners that he
had ruled that the district attorney I'M
doubtedly has discretionary power in
granting or refusing complaints. provided
that his action is in good faith and he
can show that he has carefully investi-
gated the matter placed before him for
consideration.
Mr.. Dalton Wheeler, the petitioner, was
called to the stand and related what the
steps were that he had taken to procure
from the district attorney a criminal
complaint against Otis. He claimed that
no
was seeking redress and would not per-
NIT himself to be bluffed out of his Grim
inal proceedings.
This witness was followed by A. Clay
lor. an attorney, who gave his converse
tons with the district attorney relative
to the case.
The case was then continued until this
morning. when the public will have an
opportunity of passing judgment upon
Major Donnell and Colonel Otis.