The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1897-12-19
PROSECUTION ENDS IT'S CASE

ised, Parker asserted that his order on
Axtell for work was delivered to him in
August, while he had been promised the
jnnitor's position two months before.
He explained that the reason he was
not given q place in the Breed street
school was that Webb had said that it
would not do for him to give the place
occupied by a white woman to colored
man. He was afraid such a course
would cause too much criticism. He
admitted that Webb had never said
word to him about his paying for his po-
sition. The witness had been given toun-
derstand that he would get perma-
nent place and the two or three days
work which Axtell offered him did not
satisfy him. He had not seen Webb to
talk about the matter since.
For the purpose Of corroborating the
assertion of Jackson as to Webb's hay
ing given him an order upon Axtell for
work, Axtell was recalled, He was
shown the order written by Webb to
him and fully identified 1t. The order
was written on one of the board Of edu-
cation letter heads and bore the date of
August I'd. 1t was as follows:
Mr.. Ax;ell: Please put bearer, A. ].
Parker, to work. He is the one l spoke to
you about in June. Yours truly
WALTER L. WEBB.
discrimination developed the fact
that other members of the board had
sent similar orders to AK
tell. Sometimes they were verbal, but
as a rule they were written.
THAT PIANO DEAL
DR., Babcock of 1876 South Alvarado
street was then called. He stated that
he knew Mrs. Smith, who had been on
the witness stand the night before, and
on or about October 10th he had had
with her about her pur-
chase of a piano from Bartlett's store.
The attorneys for the defense strongly
objected to the statement by the doctor
of what his conversation with Mrs.
Smith had been. They stated that it
was not fair to the defense and that no
such course had ever before been heard
of. The witness had not proceeded far
with his statement after the objections
had been overruled before another OBJ
lection was interposed which precipi-
tated an exchange of compliments be-
tween the attorneys which was more
bitter than any that had preceded it.
Mr. Meserve, after stating why he OBJ
jected to the introduction Of such evil
dence, which he said was wholly hear
say. got so warmed up In his argument
as to say that 1t was unfair and unpro-
fessional. Mr. Gibbon took exception to
the latter torn, which was direct ana
uncalled- for fling at him. when Mr. Me-
serve arose and stated that he meant
lust what he said and that he was speak
ing plain English, and referred the other
side to the dictionary for a definition.
He was evidently angry. for had he not
been, it is hardly probable that he would
have made such an unfounded state
ment, the error in which was apparent
later. when, on the advice of Mr.. Conrey.
who is an attorney, the evidence object
ed to was admitted. Mr. Gibbon at once
took up the gauntlet and asserted that
he had never vet so conducted himself
that any person or any paper had ac-
cused him openly of attempting to bull
doze witnesses, as the other side had
been.
AN ATTORNEYS SQUABBLE
At this Meserve shouted that he had
not gone to the newspaper offices after
the meetings Of the board and tried to
dictate the accounts that We're to be
published. This Mr.. Gibbon character
lied as a wild statement. for he had done
no such thing. He had visited the news
paper offices, but he had never tried TO
influence the publication of reports of
the session, as Mr.. Meserve had init
mated Mr.. Gibbon stated that he had
the newspa pers to thank for a large part
of the evidence that had been adduced
at the trial. The newspapers had gone
into the fight on the side of right and
had been of great assistance to the prose-
cution. He stated that the presence of
the witness, Parker, had been secured
the enterprise of one of the
papers.
Yes" said Meserve holly; they have
assisted you in an effort to condemn
man before he has been proven guilty.
and before he has had a chance to say
a word in his own defense"
There are cases in which the guilt of
a man is so patent to everybody that
proof of his guilt is hardly necessary,
said Mr.. Gibbon.
During this scene the audience ap-
plauded and Kissed in turn. There We're
many friends of both sides present, and
each point made by the attorneys was
Kissed or applauded. President Mathis
tried to restore order. but the sound of
his gavel could not be heard.
SHE HAD TO BUY 1T
When quiet was restored Mr.. Conrey
was appealed to, to sustain the objection
of the defense. He did not see the mat
ter in tho 1iCht that if was viewed by
Mr.. Meserve, and said so, and the wit
ness proceeded to tell what he had said
to Mrs. Smith. He said that on October
10 at 10 a. m. Mrs. Smith, who was under
his professional care, had come to him
and told him of the purchase of a piano
from Bartlett's store. She had said to
him that a solicitor from Bartlett's had
stated that she would lose her present
position unless she bought the piano
there. The doctor advised her against
the purchase. She then told him that
the solicitor had promised her direct
orship if she made the purchase. Asked
if this promise had come from Bartlett
she had said that only the solicitor had
made the promise. She said she had
spoken to Webb about the dictatorship
and had mentioned to him that she in
tended to see NJ. Conrey about it, She
asserted that Webb had then told her
that Conrey had no power or influence
on the teachers committee.
AN ADDITIONAL CHARGE
At this point Mr.. Gibbon presented an
by the League for Better City Govern
t. r11I