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

being awakened from deep fit of slumber
he assumed to treat the matter as some
thing affecting his personality and in
terests alone, and to believe that volun-
tarily Withdrawing from further hearing
OF the pending criminal charges against H.
S. Mackaye Warren P. and Wallace G..
Freeman, would close the funny in
cident.
y a nights restless slumber disturbed by
unpleasant reflections OF the Josh" be had
perpetrated on Attorney Church evidently
caused Juror Summerhayes TO see his
action III new light, for he proceeded to
the office OF the United States District
Attorney early yesterday morning and
asked that the whole matter be at once in
vestigated. He found District Attorney
Foote in most accommodating mood.
Walter X. Freeman, who was attending
the CroSs-eXamination of Wallace Z. Free
man in the chambers of Commissioner Hea-
cock, was summoned and instructed to i'm
lnediately prepare an affidavit embodying
the charge against Summerhayes and file
the same in the ONCE OF the District At
torney.
In compliance with these instructions
the desired document was prepared under
the direction of Attorney John l.. Boone,
but was not ready to file until o'clock.
So greatly, however, were Judge Morrow,
District Attorney Foote and Assistant Dis
trict Attorney Schlesinger interested in
the Summerhayes Joke that they waited
long beyond their usual time in order to
give every facility possible to the funny"
man of the Federal Grand Jury 10 explain
the humorous features OF his interview
with Walter X. Freeman and Attorney j..
B. Church in the billiardroom Of the Pal
ace Hotel
AS soon as the statement was duly
sworn to by Mr.. Freeman, word was sent
to Judge Morrow In his chambers, and he
took his seat on the bench. District At
torney Foote then appeared and announced
that he desired 10 read an affidavit which
he considered showed contempt OF court
and violation of duty on the part of one
OF the members OF the Federal Grand
jury. He then read the document.
After reciting the manner in which the
Freeman-W Westinghouse patent interior
ence case came to be on hearing III this
City, the affidavit reviews the circum-
stances that led TO the placing of the matter
before the Grand Jury. 1t then relates the
conduct and proceedings OF Summerhayes
as follows:
On the evening of the 9Th day of November.
as we were leaving the grill-room of the Palace
Hotel, through the billiard-room, where we
were stopping, while l WAS in company with
Mr.. Church, the latter was accosted py gentle
man whom had seen in the Grand Jury room,
and whom | supposed TO be one OF the mem
bers OF the United States Grand Jury l heard
him request Mr.. Church to introduce him to
his client, Walter K. freeman, referring to
myself. He mentioned his name, which did
not fully gather, and thereupon we went to the
opposite side of the billiard-room and sat
down, and he explained then that he was the
only man on the jury that knew anything
about electrical matters and he would like to
get some points.
From this point an interview began which
lasted from about O'Clock until midnight,
during which time he discussed very freely his
experiences as juror in criminal cases and as
G grand juror in the county and Federal
courts. He, of his own volition, introduced
the subject OF the matters which had brought
TO the notice of the United States District At
torney and which were being considered by the
United States Grand Jury, and he stated among
other things that he had listened to the testi-
mony given in the Grand Jury room by War
rem 7. Freeman and discussed his testimony
and remarked that he would not believe him
under oath, because he said that during the
time that Warren Z. Freeman was before the
Grand Jury he acted and told his story in
suspicious way; that he seemed more inter
ested in looking at his boots than in giving an
intelligent story OF his connection with the
affairs which led up to charges being preferred
against him before the Grand Jury.
Continuing he referred to the testimony
given by Marvin T. Freeman before the Grand
jury, discussed il, and said that he did not
think Marvin was telling the whole truth;
that he believed he was holding something
back, and asked If knew what 1t was. The
reason he gave for not having confidence IN
Marvin l.. Freemsn's testimony was because
Marvin seemed TO hesitate, and think and
acted as though he was endeavorlng 10 tell
fxed-up story. and in this connection he re-
marked that he thought that man who was
telling the truth would speak up promptly end
would tell the same story ferty-seyen different
times in as many different ways and still tell
the truth.
During our conversation Mr.. Church excused
himself fo- few moments, and during his alb.
sence that person, whose name later learned
was II. j. Summerhayes, began questioning me
very closely regarding the financial status of
the Fort Wayne Electric Corporation, which he
seemed to understand was the owner OF the
inventions in controversy, and he proceeded