The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-08

enough money to handle The case pending be-
lore the United States Grand jury. He said:
gu must know, Freeman that If the proper
innuence is brought to bear you can have done
what you want
Continuing he made q statement as tn his
eemoWledge OF jury duty and the probable in
Iuehce ne would have with the present Grand
fba ana asked me what it would be worth to
t III Fort wayne Electric Corpora. sion to have
"a. 3 Mackaye and Warren T. Freeman in
uicted Tor intlmidating witnesses lie said:
tba oI p Know 1t would have great influence in
d dne fatent ONCE, and will be worth a great
ueai 10 YOU If this is brought about" As he
oo.tlhued has conversation he drifted 20
iSa y. Where he made a comparison between
'ue compensation received by the gentlemen
M T are members OF the United States Grand
Jul hho IN this connection remarked: We
my my get % session, 81 q week, and you fell
Io"s are hghting here for patents that are
p mortn millions to whoever wins the suit, and
aIe ASKING US to go into an investigation at the
r i'e' OF pa week and decide question that
NU 9u nave great influence in the Patent
Cilce Now, look here Freeman, this is not
lalr. The lawyers are getting big money out
pi tnlS thlng, and know that the Westing-
mouse Electric Company has got whole lot of
money available for the purpose of lighting
you here, so why don't you resort to the same
means? You know that you could fight the
brought to bear
Continuing in this strain for some time. he
continued and said: ''pll tell you my opinion
Is that ii is not q fair division OF the spoils''
:. then inquired whether or not it was a prac-
tice IN California OF liking juries He said it
WAS not an uncommon thing 10 do but That he
nao never accepted or had anything to do with
any such affairs, because he wealthy
man and was above such influences. At about
THIS time Mr.. Church returned to the billiard
room, and Summerhayes' conversation drifted
70 recital OF personal experiences and then
oriIted back again to his Intimate acquaint-
ance with certain reputable gentlemen of San
francisco, and he spoke OF them in q manner
mat gave me the idea that his social stand
ing was OF the best; that his integrity and in
nuence as foreman OF grand Jurles had never
been questioned, and that the juries of which
ne nad been member in the past had always
decided cases as he suggested, and in this con
nection he said; al have been q Juror for three
years, with the exception OF one week, and
whlIe acting as such in the criminal courts
every case that was ever tried resulted in d
conviction"
In this affidavit l have eliminated such
matter and such parts OF his recital and con-
verSatlon as seems necessary to inteliigentty
and briefly outline the DRIFT OF his remarks
without going into all the details.
He quoted certain conversations between
members and jurors in the jury-room, and in
this connection said that there had been a dis
cussion between himself and other mem bers of
The United States Grand Jury respecting the
small compensation that they received, which
was 81 a week for pulling their heads over
the affairs of myself and the Westinghouse
Electric Company, which involved millions of
dollars.
There are other fragments of sentences inter
spersed in the conversation referring 10 what
occurred III the Jury-TOOm ana com mentS made
by the jurors, which it would be impossible to
Intelligently express without going into a
lengthy statement of what was said.
AS the reading proceeded the frown on
Judge Morrow's face gradually deepened,
and scarcely had the District Attorney ut
tered the last gord when the order to issue
citation against Summerhayes was given
in tone that BODIED i'll to the Joker. The
Marshal vas Instructed to serve the writ at
once and the hearing to permit Summer
hayes 10 show cause why ne should not be
punished for contempt of court was set
Tor IL a. NJ. to-day.
The papers were served last evening on
Mr.. Summerhayes by Deputy Marshal
Monckton.
Referring TO the insinuatlons alleged to
have been made by Summerhayes against
other mem bers of the Grand Jury Assist
ant District Attorney Schlesinger yester-
day said that in his judgment no better
body had ever sat than the present Grand
Jury. ANY aspersion cast upon them, -
he said, would be unjust, unfair and ab-
surd. as they have evinced the greatest
desire to get at the facts of this remarkable
and complicated affair"
With yesterday mornings hearing the
cross-eXamination of Wallace E. Freeman
before Commissioner Heacock i'll the Free
man eStinghouse patent case was con-
cluded. The only striking bit of testimony
the plaintiff, had admitted to witness that
he was being paid 500 a week by the
Westinghouse Electric and Manufacturing
Company for his services against the in
terests of his brother.
1t was intended to continue the hearing
during the afternoon, but Attorney Mack
aye failed to appear and Attorney Horace
Platt, who is associated with him in the
case, explained that he was confined to his
room by an attack of neuralgia and by the
mental fatigue occasioned by the severe
strain he has been under during the past
few days.
Alexander H. Freeman, who has been
Frustrated by the exciting incidents with
which this case has been surrounded dur
ing the past two weeks, is now so far re-
covered as to be about, and will probably
be one OF the witnesses before the Federal
Grand Jury to-day, when the charges of
perjury, subcrnation of perjury, bribery
and criminal conspiracy against Attorney
II. S. Mackaye, Warren p. Freeman ana
Wallace E. Freeman will be resumed.