The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-10
They Come Up in a New Phase in
the Famous Freeman
Case.
A RECALCITRANT WITNESS.
Marvin L. Freeman Refuses to An.
swer Questions Asked by At
torney Mackaye.

There was no break yesterday in the
sensation-making record of the Freeman
Westinghouse case before United States
Commissioner Heacock. The taking of
the deposition of Marvin l.. Freeman on
behalf of the defendant was set for IL A. NJ.
Promptly at that hour the witness, all the
counsel in the case and the plaintiff were
present. There was reStlessness apparent
on the part of all that portended some
thing out of the usual, and it came like q
bomb. The surprise was sprung by John
j.. Boone. special counsel for the witness.
1t summarily stopped the proceedings
and necessitated taking steps which will
omen up the charges of bribery and intim-
idation before Circuit Judge McKenna on
Monday.
H. S. Mackaye, representing the West
inghouse Company, opened the proceed
ings by asking Attorney Boone if he had
lately stated that he was counsel for the
Fort Wayne Electrical Corporation. Mr..
Boone empbatically denied he had made
any such statement.
When Marvin l.. Freeman was placed on
the stand and had answered the questions
relating to his name, residence and oCcu-
patton, Attorney Boone said he desired to
ask the witness question preparatory to
entering an objection on the record.
Attorney Mackaye al once interposed
and called attention 10 what he called the
totally unprecedented practice OF foreign
and hostile counsel interfering in a matter
OF the kind. Then, in order, he stated,
that Mr.. Freeman might have no cause
for complaint, he consented to Mr.. Boone
asking his question.
Boone-AIr. Freeman, have you given your
testimony in this proceeding at any time here
toiore?
Marvin L. Freemsn-I have.
Where and when?
At Chicago some time in April, 1895.
Then, in answer to questions by At
torney Boone, witness stated he had been
thoroughly examined and cross-eXamined
at time and place mentioned.
Boone-State how you came to be in San
francisco at this time. a distance OF over 1000
miles away from your residence, 10 give testi-
mony in this case?
Witness-Through threats and offers of
money.
Boone now desire, on the part of the wit
ness, 10 object, and do object, to any examine
ton OF the witness relating 10 matters TO when
he has already testified. The witness cannot
be examined twice on the same subject matter
without leave OF the court and such leave h as
not been produced. 1t was the duty OF the de-
fendant TO impeach the testimony of the wit
ness al the time It given. The witness
states also that he appears here by reason of
offers OF money ana threats. He may abso-
lutely refuse to give any testimony in this
matter. ! now instruct the witness not to
answer any questions regarding his former
testimony, but he can answer relative to any
thing that has since tTanSpired.
J. B. Church, attorney for Walter X. Free
man, plaintiff join in the objection made by
Mr. Boone, but if there is anything i'll the for
mer testimony OF the witness which he desires
TO correct or alter he shall he allowed TO do So
Meckaye-In the testimony which you for
merly gave you made some illusions to what
you saw in Brooklyn. Please state whether
you saw in that place any induction coils or
converters.
Boone-We object to witness answering The
question is incompetent, irrelevant and i'm
material. 1t was proper discrimination
during the hearing OF the case in Chicago We
also object for the reason that the witness
appears here by reason of offers of money and
threats made against him, and we further
object because this question is propounded in
order TO use the power OF the court to induce
the witness to commit perjury.
Horace Platt, associate counsel of Mackaye-
Mr.. Boone is not an attorney OF record in this
case. The objection is not made by any attor-
ney of record in the case. The attorneys for
the Westinghouse Company repudiate and
deny the statement made by Mr.. Boone that
the question asked was intended in any shape
or form 10 induce the commission OF perjury,
or that witness is present under any threat or