Los Angeles herald., 1905-01-01

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elements back of the charge, the dis
trict attorney said:
1T is simply a theory, and theories
are cheap" and he then elaborated
upon some of the theories advanced by
the attorneys for Ellis in defense of
the charge against him.
when they made that charge it
must have impressed you as being u
very serious accusation
Denies Political Allegation
IF that is true" continued the dis
trict attorney, land if politics was back
of this charge, what scoudrels the
grand jurymen must be, and what do
you think of your district attorney"
Il am, here. however, to help you,"
announced Captain Fredericks, "and
guide you in the performance of your
duty as citizens of this community"
: He next passed at some length over
the testimony given by Contractors
Whittier and Cummings, in relation to
the events leading up to the alleged
payment of the bribes.
He asserted that the evidence proved
Werdin did not go ovJr the streets of
Los Angeles, with hammer in hand,
and test every piece of street work,
as was testified during the trial of the
case.
why is it that Ellis is so virtuous
and these other men are so vile?" sar-
castically inquired the prosecutor.
At this point in the proceedings a
lively tilt ensued between Captain
Fredericks and Attorney Luther
Brown, representing Ellis.
Attorneys Disagree
Attorney Brown objected to the re-
marks OF the district attorney, which
he characterized as improper" where
upon Fredericks charged the attorney
with intentionally interrupting him in
the course Of his argument.
Judge Wilbur demanded the attorney
to state the remarks made by the dis
trict attorney which had been objected
to, but this the attorney was unable to
do, and the court instructed the district
attorney to proceed.
Fredericks insisted that if the con-
tention made by the defense, that Ellis
was not public official, was correct,
the acceptance of the bribe could be
admitted and nothing could be done.
IF your public officials can so sur
round themselves with legal technical
tiles as to defeat their official capacity,
then you are in position to be bled
by your public servants" declared the
district attorney.
In closing his address the district at
torney called upon the jury to act fear
lessly with him, in the performance of
his duty.
He bitterly arraigned the defendant
in connection with the crime charged,
and in the course of his closing re-
marks the defendants mother, who
was seated inside the court railing,
broke down and wept bitterly for the
first time during the progress of the
trial, and Ellis assisted her from the
court room.
1--WE want honest officials and we
want to make those who are to come
follow in the same footsteps" asserted
the speaker.
The court then instructed the jury as
to questions of law and fact and at
4:4O o'clock the jury retired for de-
liberation.
Rogers in Tilt
When court opened yesterday AT
torney Rogers continued his appeal TO
the jury on behalf of the defendant,
during the progress of which tilt oc-
Cured between the court and the at
torney.
Gentlemen of the jury the prosecu-
ton Of this boy is by little coterle
of street contractors, one of whom
has $4,000 worth of street contracts
held up for bad work and who wants
a new street superintendent to pass
them. 1t is a conspiracy and not on
the level" thundered Rogers.
"What do you mean by mot on this
level sternly demanded Judge Will
bur.
The attorney then continued his ad
dress. and said:
'I'll tell you what mean, gentlemen
of the jury, / mean that the grand
jury for three weeks tried to find
an indictment against some one In the
street superintendents office and