The herald., 1897-04-08
Los ANGELES EERALDs THURSDAY MORNING, APRIL I, 1877


persists in making it, although YOU
turning and addressing Mr.. Moss-"as a
juror, ought not to be talking to Col.
Otis"
Col. Otis remarked, "If we have pub
lished any mistatement about your son
or anybody else we will correct 1t. Then
Moss in very excited manner insisted
that Col. Otis should do as he had prom
sed. and excitedly insisted that cor
rection should be made and proceeded
to detail the facts from his standpoint
somewhat as follows, as described by
Mr. Gage:
Mr.. Moss stated that it was purely
malicious affair-referring to the arrest
of his son; that his son had had con-
test with others over the election of a
! delegate to the conclave of the Mac
cabees in San Francisco; that he being
| the successful competitor in the cleo
| tion, those jealous of his success had
procured subpoena to be issued out of
| one of the justices courts requiring
! him to attend there as a witness In a
case about which he knew nothing, and
which required his attendance at the
date which would interfere with his
| presence at the conclave. His son,
prior to his departure for San Francisco
had been granted an excuse from at
tending the court on the day mentioned;
that he went away and after his alb
sence some trouble had arisen regard
ing his non-attendance in the justice
court. Mr.. Moss thereupon went to
Chief Glass and explained matters and
had been assured there would be no
trouble, and to let him know IL anybody
undertook to worry his son and he would
straighten the matter out; that his son
upon his return was met by an officer
and taken to the justice court and the
clerk of the court rebuked the said Of
ficer for bringing him (Mr. Moss son)
into court, telling him that 1t was quite
inopportune.
Mr.. Gage further stated that just be-
fore court convened yesterday Mr.. Moss
approached him and said THAT matter
is not satisfactory yet. My son was not
in Jail and they have not corrected the
thing al all, referring to an article that
appeared in yesterdays issue of the
Times. That Immediately after Mr..
Gage noticed that Mr.. Moss engaged In
conversation with another juror and i'm
pressed Mr.. Gage with the idea that he
was continuing to discuss the article
published in regard to his son.
Under these circumstances Judge
York excused the jury and discharged
Mr.. Moss from serving during the re-
mainder of the term.
Upon being asked about the matter
Mr.. Moss made a statement of his ac-
tions as follows
after I had been accepted and sworn
as a juryman in the case 1 had my at
tention called to an article in the Daily
Times of yesterdays date stating that
Mr.. S. Mas. my Son-in-law, had been
locked up in the city jail of Los Angeles,
which statement was untrue. and very
much annoyed myself and my family
Soon after seeing the article returned
to court and resumed my place on the
jury, about o'clock in the afternoon. A
little before o'clock court adjourned.
Soon after the adjournment, seeing Col.
Otis, the editor of the Times, 1 ap-
preached him in a quiet, respectful man
ner, and told him the injustice that had
been done my son-in-law in publishing
to the world that he had been impris-
oned when such was not the case, and
requested that he correct through his
paper the erroneous statement.
This he promised to do, and I be-
lieved at the time he would do so. But
on reading this mornings Times found
that, while it contained an article re-
ferring to my said son-in-law, there
was no correction therein, but the read
ers of the paper were still left in igno
rance of the real facts of the case. All
of the above conversation was in the
presence of Mr.. Henry T. Gage, one of
the counsel for defendant in said case.
'It is not true as stated in the affi-
davits of Col. Otis and his attorney that
1 approached him in an angry and ag
gressive manner. nor in any other than
a deliberate and gentlemanly manner,
and for the purpose of having him do
justice to my son-in-law by publishing
the truth. 1 also said to Col. Otis that
he could have another suit, but that
wanted no suit. That all I wished was
that he would personally see to it that
the above erroneous statement should
be corrected
This merning another attempt will be
made to try the Brady case with a new
jury.