The herald., 1898-01-04
Charges Against District
Attorneys Office
SUBJECTED TO EXAMINATION
THE TIMES ARTICLE NOT FOUND
ED ON FACT
Judge Smith Scores the Writer Of the
Article and 0thers-It Is
Terrible Mix Up

There was music around the court
house yesterday. The charges pre-
ferred against Deputy District Attorney
willis by the Times, of malfeasance in
Office in having corruptly dismissed the
charge of murder preferred against Kit
ty Calvert, Charles Perkins and Frank
Phillips, created a sensation when 1t APP
peared in the New Years edition Of the
Times. The feeling was rendered the
more acute when on Sunday another
very biting attack was made upon Mr..
Willis, and additional point was given
to the article by editorial comment. Yes
terday morning third article appeared,
withdrawn and the charges previously
made were laid at the door of Deputy
District Attorney McComas, without
any particular modification.
When Judge Smith took his seat upon
the bench yesterday morning the court
room was crowded, for it was realized
that some explanations would be forth
coming. The few formal matters hav-
ing been disposed of, Mr.. McComas
arose to his feet, gave his ebon locks a
stroke, and said:
IF the court pleases, I desire to make
a statement in reference to a matter
upon which some of the newspapers have
passed structures upon the district at
torney's Office and upon Mr.. Willis, one
OF the deputies, in particular, within the
past two days, and then this morning
upon myself
Il probably know more about that case
In this court than any one else, as was
the deputy who dismissed it; and, in view
of that fact. consider that I owe duty
to the court in publicly making state
ment"
Yes, sir" responded Judge Smith; at
is charged in the Times that the witness.
Kitty Calvert. was here in the court
room at the time the case was dismissed.
II will come to that, your honor" re-
sumed Mr.. McComas IT have no apol-
ogies or excuses to make to any living
man for what I do in this department.
but the paper has said that made that
statement. Now, if the court please. I
90 not recall the date when that case
was filed In this department, but it was
some time during the summer-I believe,
In August. I am not sure. The charge
was murder against Charles Perkins,
Kitty Calvert and Frank Phillips.
Mr.. James was representing the
people at Santa Monica when the case
was examined, and when he returned to
the city he stated to me, or in my pres
ence, that there was not enough evil
dence upon which to put any of the de-
PENDANTS on trial; that they were held
Tor the purpose of, if possible, getting
additional evidence; and it was only
upon the theory or supposition that ad-
ditional evidence would be discovered
that the counsel representing the state
asked that the defendants be- held to
answer.
THE information was filed. I read
over the testimony taken on the prelim-
mary examination, and there was moth
Ing in the testimony that implicated
Perkins, or anything that left reason
able hope for the prosecution of Kitty
Calvert, and only strong suspicion
against Frank Phillips. 1 dismissed
the case as to Charles Perkins on the
18th of August, 1897, because was salts
fed there was nothing on the face of the
earth against him. Nothing disclosed,
not even suspicion. Then the case
stood upon the books until the 23rd of
August, 1897
After consultation with the gentle
man who was assisting the prosecution
In getting up evidence and hunting it up
Il DO not recall his name now, but he
was detective, l understood, or pos
sibly holding some official position in
the township of Santa Monica; at his
suggestion, and feeling that there was
nothing in the case against Kitty Cal
vert, and nothing from the lower court
showing that Kitty Calvert knew any,
thing, or if she did, she could not pos
slply be induced to tell it, the case was
dismissed upon the ground that there
was no evidence to warrant trial of
her, and also in the hope that we might
be able to use her hereafter as witness.
Kitty Calvert stated at the coroner's in
quest that she did not know ANYTHING
about the murder, and that she was very
drunk at the time, so drunk that she did
not know what had occurred, and it is a
fact that, whether drunk or not, she per-
sisted in saying that she did not know
anything about it, or about how the old
man was killed.
After the preliminary examination
Mr.. Dexter testified that she stated sub
stantially the same to him. Throughout
all of the evidence there was nothing
that went to show that Kitty Calvert
knew anything about it, thought DOS
sibly we might use her, but very soon
discovered that Kitty Calvert not ONLY
claimed that she did not know anything