The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-08-18
DEFIANT OF THE
GRAND JURORS.
Oliver Winfield Winthrop
Denies Their Right to
Indict.
LEES Is CONFIDENT.
He Relies on Donald Urquhart's
Affidavit for a Con-
viction.
A STORY TOLD IN JAIL.
The Developments in the Campbell
Scandal Are Growing Daily
More Sensational.
STORY TOLD IN JAIL.

The attorneys of Oliver W. Winthrop
are still fighting for delay. Yesterday
when Winthrop was arraigned before
Judge Wallace Attorney Frank Bell filed a
motion to set aside the indictment of the
Grand Jury. 1t was claimed that the in
dictment Is not properly Endorsed; that
the names of the witnesses are not prop
erly inserted at the end of the indictment;
that the Grand Jury was not properly
drawn; that a person was present when
the Grand Jury was discussing the indict-
ment, and nun Der of other "thats." 1t
was also claimed that the Grand Jury was
influenced in making the indictment by
newspaper reports.
District Attorney Barnes in reply said
that the indictment had been objected to
on almost every statutory ground, but
that he nevertheless was ready to proceed
with the case and would at once send for
the members of the Grand Jury to refute
the charges of the defendants attorneys.
1t was decided, however, to allow the
matter to go over until this morning at 10
o'clock, when Judge Wallace will resume
the hearing.
The individual members of the Grand
Jury will, therefore, have to appear before
Judge Wallace this morning to prove that
each is entitled to pass upon the dement's
of a fellow-citiZen.
Attorney Frank Bell, who for years
studied law in the offices of General w. H.
L. Barnes, Chauncey Depew's rival in
after-dinner speeches, is the man who is
putting these nineteen self-sacriicing gen.
tlemen to the test.
Bell, with Mr.. Outflow, his associate,
proposes to show that not only Oliver
Winfield Winthrop did not kidnap Mil
lionaire James A. Campbell and torture
him for the sake of obtaining a $40, 00O
check, but that even if he did the Grand
Jury men, individually as we'll as collect
lively, are not legally entitled to find indict-
ments against any one, much less this
client.
The strongest evidence in the possession
of the police is the testimony OF Donald
Urquhart. 1t is upon this evidence prin-
cipally that Captain Lees believes he will
| convict Winthrop. Urquhart has sworn
to statement that many weeks ago he
was asked by Winthrop to enter into a
kidnapping scheme out of which they
might make money by torturing the party
kidnapped.
| On the Monday afternoon when Win
| throp left the Occidental Hotel with
| Campbell, Urquhart met them on Mont
gomery street, near Clay, where they
boarded the cable-car, and, remembering
that Campbell was due to leave this City
| on the Honolulu steamer the next day, he
decided to keep track CT what might pos
sibly take place. The couple got away
from him, however, and he paid no further
attention to them until the newspapers
gave an account of the disappearance of
Millionaire Campbell.
Urquhart Immediately sought Captain
John Curtin and told him Of his suspi-
| cions. The tale that he told then, even
prior to the release of Campbell by the
thugs, is on the same lines as the story
told by the Hawaiian planter of his kid
naping and incarceration.
The indications, therefore, are that
Urquhart told the truth about the inten-
tions of Winthrop as to the handling of
Campbell, since the latter, a stranger to
him, related the same details when he was
able to crawl home after his two davs' in
generation.
Learning the story from Urquhart Cap
tain John Curtin informed Captain Lees
of the possibilities for great crime in the
case. He told him how Urquhart and
Winthrop had been fellow prisoners in the
County Jail, where the latter had disclosed
his future plans of making money by kid
mapping wealthy people. He told him how
on a subsequent occasion Winthrop had
picked out Campbell as the most likely
wealthy man to pay big ransom for his
release from custody.
1t was after receiving all this informa-
ton that Captain Lees set his men to
work. Their efforts, however, proved un-
awaiting, as Campbell, released by his cap
tors, strolled into the rooms of his wife at
the Occidental Hotel, amuch-abused man.
starved, bruised and bleeding.
1t is on the above testimony that Can
tain Lees depends to land Winthrop in
Jail.
Winthrop, on the other side, says moth
ing. but laughs at the detectives and their
efforts to convict him.
1t is evident that Captain Lees is leaving
no stone unturned to secure the conviction
of Winthrop. The whole story of his
trouble in the Jennie Matthews case,
where he was accused of murder, has been
probed over again, and tentacles have been
reached out into the army and navy for
something which might be calculated to
be of detriment TO the prisoner.
One of the individuals who has given
Captain Lees some in formation in the