The San Francisco call., 1895-11-02
Criminal Proceedings Begun in
the Freeman-Westing-
house Case.
NOW BEFORE THE GRAND JURY.
Some Startling Testimony in the
Hearing of the Great Patent
Contest.

Subornation of perjury bribery and In
timidation of witnesses were the charges
laid before the Federal Grand Jury yester-
day afternoon IN connection with the Free
many estinghouse patent case that has
been on hearing before United States Com
missioner Heacock. The persons against
whom they are made are H. S. Mackaye,
attorney for the defense in the patent case,
and Warren ?. Freeman, brother OF Wal
ter K Freeman, the plaintiff. Mackaye
is charged with subornation OF perjury
ana bribery and Warren P. Freeman with
these crimes and also with intimidation of
witnesses.
1t was expected that the investigation
proper would be instituted yesterday, but
the witnesses who are to testify were
simply called and plac ed under oath to
appear when the case comes up on IueS-
day next. This proceeding was taken in
order to obvlate the necessity OF issuing
new subpenas for the deferred date. he
witnesses are: Warren Z. Freeman, wal
lace B.. Freeman, Marvin l.. Freeman,
Alexander II. Freeman. H. S. Mackaye,
frankie Ames and J. 2. Church. 1t is also
probable that John L. Boone and Walter
X. Freeman will become witnesses before
the investigation is concluded.
The case as it now stands presents a most
| peculiar series of complications. 1t was
transferred from the East to this coast
week ago, and as previously published in
1HE GALL, It's very opening was permeated
| with sensatlonalsm. The attorney for the
! plaintiff at the outset charged bribery,
| subornatlon OF perjury and perjury against
| the other side. There was a street fight
| between two of the Freeman brothers,
| Warren ?. and Alexander H., in front of
the Palace Hotel. Attorney Mackaye and
| a1ren Z. Freeman were deprived of their
rNIc nj oh hoI
chamber of Commissioner Heacock during
the proceedings, and during the entire
| proceedings most serious examinations and
recriminations were sandwiched into the
| otherwise dry and proSy record.
| One OF the most peculiar features of the
affair is that four brothers were brought
here from various places-Riverside, Salt
| Lake and New York-for the sole purpose
| OF giving testimony that would injure the
| case OF their brother, Walter K. Freeman.
! These are all now domiciled at the Lick
| House with Attorney Mackaye, the coun-
! sci for the defense, though two of the
! brothers, Alexander II. and Marvin L.
| have lost heart in the cause of the defense
| and according to the record OF the testi-
mony already taken, now desire to DE abb
solved from what they claimed to be false
| atfidavlts. Their present mental attitude
| Is shown in the following statement made
on their behalf by Attorney John l.. Boone
In the course of the proceedings:
| 1 am an attorney at law, practicing in san
francisco. Messrs. A. II. and NJ. l.. Freeman
were brought to my office and introduced TO
me by Mr. Church, whereupon Mr.. Church
withdrew, and, with closed DOORS nobody being
present, excepting myself and said A. II. and
NJ. L. Freeman, they stated to me that thew
were here under a subpoena TO give evidence
in this case; that they had heretofore given
testimony on the part OF w. X Freeman, but
that certain circumstances had transpired
Nhlch made II necessary to~ them to take
counsel
been made, and showed me certain contracts,
atiidavits, notices and other papers which they
Claimed were the result OF the conspiracy;
That they were under considerable mental dis
tress, and in very nervous condition, and
wanted me to advise them whether or not
case they testified as they had heretofore.
After fully understanding the conditions Of
the affair and examining the documentary
evidence which they produced 1 advised them
that the party named Mackaye, alias Steele, in
my Judgment was guilty of suOornation of
perjury, II the statements which they gave to
me were true; that they need fear no arrest
by reason of any testimony given by them
which agreed with the testimony already
given.
At their request have appeared ar this ex-
animation, and have no other object in being
here.
The defense intimates that there has
been perjury, etc, on the other side, and
the most bitter feelings have been eugen-
dered among all the parties concerned.
There is said to be unlimited means back
of both litigants.
During the short morning session yes
terday before Commissioner HeacocK in
connection with the patent case two start
ling pieces OF evidence were developed in
the cross-examination of Wallace E. Free
man by Attorney Church. The witness ad-
mitted that he had committed deliberate
perjury in Brooklyn in connection with
this case, and testified that R. S. Mackaye,
the counsel for the defense, had repre-
sented himself to witness as being counsel
for plaintiff.