The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-12

Westinghouse Company and get money enough
10 yet start in life, and SO far as A. il. is con-
eerned, we don't give what he does. If
he don't testify for US we will put him out OF
the way; we amt scared about him at all. - At
another point in the conversation heard War
rem r say: 81 have agreed TO do this thing for
the Westinghouse people. and am going to do
1t and am going to do it if wade through
blood" He also said: "Walter you are =
fool that you don't come and join us. You
have got all out of the Fort Wayne people you
can get, and you are o - fool that you don't
come over and join the Westinghouse Com
pany, for there is barrel of money in it for
you"
All these many things acting upon my mind,
| concluded that 1 would not testify before
Commissioners Heacock at all, and am thor
oughly convinced that if am instructed by the
court to testify and thus am compelled to give
testimony adverse to the Westinghouse Com
pany,. my life will be in danger, and 1 have
testify at all l will suffer confinement in
prison, as believe i will be safer there than
upon the streets
Attorney Boone, after he had concluded
the reading of the affidavit, quoted from
the Federal Reporter, to show that where
defendant or witness is induced TO come
from one district into another by deception
for the purpose OF serving alegal process,
such service is Illegal. He therefore
| claimed that the court had no jurisdiction.
Judge Mckenna held there was nothing
in the affidavit to show that the witness
had been induced to come to this City from
Salt Lake by threats or offers of money,
and ordered the witness to give testimony
and answer the questions asked by counsel
Tor the Westinghouse Company.
Attorney Platt then asked that a writ OF
attachment issue againt the witness, but
Judge Mckenna said that the request was
premature, as the court had no right to as
sumo that witness would now refuse to
testify. If he did SO refuse then the writ
would be issued.
Attorney Platt then asked permission to
file two counter affidavits to that of Mar
vim l.. Freeman. One was by FL. S. Mac
kaye and the other by Warner P. Free
man.
In that of H. S. Mackaye it is claimed
that Marvin l.. Freeman has admitted
that his deposition given at Chicago was
false, and has signed an affidavit to that
effect. 1t is denied that Marvin was in
duced to come to this City by offers of
money or threats; and it is further al
legged that after Marvin had made the ad-
missions and signed the affidavit denying
the truth of the statements in his former
deposition, deponent agreed to pay him So
day and expenses as long as he was de-
tanned in San Francisco for being witness
in the case of Freeman VS.. the Washington
Company.
Warren P. Freeman in his deposition
states that he knew of his own knowledge
e4lett INC NliICdSO SpOSlt1O1 VI M Nlu W as
false and that he has simply endeavored
10 induce Marvin to tell the truth. He
denied that offers of money or threats were
at any time used by him to induce Marvin
to come to San Francisco or that any had
been made here. He also averred that
Marvin had admitted to him the falsity of
his Chicago testimony and had confessed
that he had so testified under the instruc-
ton of Walter X. Freeman. In conclu-
sion, Warren P. Freeman charged that
Marvin would have testified in favor of the
Westinghouse Company if he had not been
induced by intimidation or other improper
influence by Walter X. not to so testify.
The hearing of the Freeman-Westing-
house case will be resumed before Com
missioner Heacock this morning at 1920
O'Clock, and from assertions made yes
terday by counsel for Marion L. Freeman,
the latter will refuse to testify. Then will
probably come the contempt proceedings
before Judge McKenna.
When the reference to Horace Platt, in
timating that he had tempered with the
Federal Grand Jury, was read by Attorney
Boone, Mr.. Platt appeared to be very much
amused at what he afterward declared to
be a very absurd and nonsensical state
ment.