The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-27

cation an affidavit which has been used to
influence the witness in the subsequent
proceedings.
Counsel further stated that in pursuance
OF their conspiracy the said II. S. Mackaye
did, in conjunction with Warren 2. Free
man, enter into an agreement to procure
the assistance of Wallace e. Freeman and
others to enter into an agreement for the
formation OF company, for which COM
pany the said II. S. Mackaye, alias Will
liam A. Steele, agreed to furnish large
sum OF money, viz. 100000 in cash, and
to pay large sums to witness. it being
agreed between the parties that the forma
ton OF the company and the payment OF
the sums OF money were but a cloak to
cover the payment of moneys for the puT
pose of procuring false testimony from
witnesses. Attorney Church continued:
Pursuant to said conspiracy the witnesses
about to be examined were induced to come
from New York to this City under the impress
sion that they were to obtain lucrative en-
ployment, and that when thus brought to-
gether they were for the first time informed
that they must testify in the present proceed
lngs according TO prearranged plan, and that
neither the piaintlH nor his counsel would be
present.
When plaintiff arrived at Oakland, CAL, on
his way to this City he was met by two of the
witnesses cited to appear here, and the nature
and extent of the conspiracy and the deception
practiced upon the witnesses was then for the
first time disclosed and called to the attention
OF the counsel for Freeman.
These witnesses, A. H. and M. L. Free
man, who had formerly testified in behalf
OF w. X. Freeman, requested advice from
PLAINTIFFS counsel as to the proper course
for them to pursue, but he declined to ad-
wise them and referred them to John A.
Boone OF San Francisco.
Wallace +. Freeman was then placed
under oath as witness for the defense.
He testified that about the 18th of Septem-
Der he met Mr.. Mackaye in Long Island
City, New York, and that he made con-
tract with the attorneys OF the Westlng-
house Electric Company to proceed to Cali
fOrnla and for a nominal consideration
endeavor to get the witnesses who had
previously testified in behalf of w. K. Free
man to so change their testimony as to aid
the Westinghouse Electric Company in
destroying the value of their testimony.
Witness then described how this was
done by Mackaye representing himself to
be William A. Steele, the well-known cap
italist OF San Francisco, and agreeing to
furnish 100000 to establish and operate
| rubber goods factory in San Francisco and
| take A. II. Freeman of Riverside and NJ.
l.. Freeman into partnership if they would
make affidavits in the case under discus
sion which would benefit the cause of the
defendant. The affidavits were duly made,
the witness testified, but the discovery as
to who Mackaye really was was not made
| until shortly before the hearing in this
| City was begun. He also testified that
| Warren P. Freeman was an active worker
| against the interests of the plaintiff.
This ended the testimony for the day,
| but in the evening another exciting chap
ter was added to this extraordinary case.
| While Attorney Church, Walter K. Free
man, the plaintiff, and A. H. freeman
were standing in front of the Palace Hotel,
| Warren z. Freeman came along and A. II.
! Freeman asked him where his tool, Wal
| lace b. Freeman, was.
| This led to examinations and recrimina-
| tons, and finally Alexander II. Freeman
struck Warren ?. heavy blow with his
| fist. Warren then kicked him in the
groin. At this point Walter attempted to
! drag Alexander away, but seeing Warren
reaching for his pistol jumped for him and
! prevented him from using it, Warren,
| however, threatened to kill Alexander be-
! fore the latter left California. Alexander
was SO badly injured that he is unable to
| be about.
When the case was called yesterday
morning Attorney Church stated that he
| had reason to believe that both Attorney
Mackaye and Warren p. Freeman had
come armed into court with intent to COM
nit assault on W. K. Freeman and his at
| torney. Both men were found TO be
| armed and, though Mackaye afterward
| apologized, the matter is not yet ended, as
it will be referred to United States Circuit
Judge McKenna.
In the course of his testimony yesterday
Wallace E. Freeman said that he had no
i'll feeling toward his brother Walter, but
was afraid to associate with him, as he
exerted hypnotic influence over him.