Los Angeles herald., 1905-01-10
SEVERELY ATTACKS
DISTRICT TATTORNEY
BROWN SCORES OFFICE IN
MURDER TRIAL
Argument in Carpenter Trial Will Be
Ended Today With Address
by Ex-Governor
Gage

Brown on the district attorneys office
was the feature Of the Carpenter muir
der trial yesterday. Indications point
ing to the acquttal of the defendant,
an officer connected with the Society
for the Prevention of Cruelty to AMI
mails, who is charged with killing
Christian David Frey at the cooking
main held May 1, were somewhat
frightened, in the eyes of attorneys for
the defense.
When court opened yesterday morn
ing Attorney Rogers yesumed his ad-
dress in behalf of Carpenter, and in
an argument which apparently had
much weight with the jury, the attor-
ney attacked the evidence introduced
by the prosecution.
"Prejudiced and biased as it is, new
ertheless some confidence may be
based upon the testimony of Joseph
Enz, as 1t bears out the testimony of
the defendant in every particular" ar
gued the attorney.
"You take the testimony of this
man, Mr. Carpenter, Mr.. Dromgold and
Mr.. Hall, and l do not see how you
can resist the solution of the problem
made by the testimony of the defense
that the bullet unfortunately altered
it's course, by being reflected by twig,
or that the fatal shot was fired by the
man on the hill" said the attorney.
In referring to the statement made
by Deputy District Attorney Donnell
who charged the humane officers with
being spies in the camp of the enemy,
Attorney Rogers said:
''That statement will cost the district
attorneys office many cases."
He declared that the statement of
the deputy district attorney would be
repeated in the liquor cases that are
to be tried, where the evidence is Sc
cured mainly through the same tactics
as were resorted to in the raid on the
cooking main.
Attorney Rogers passed from the ar
gument of the case on it's original ba-
sis, and fortified the cause of the de-
fendant from another standpoint.
"I can see in the closing hours of this
trial that the prosecution will spring
a new proposition on you," said the
attorney.
''They realize that their proof of an
intention to kill in this case is weak,
and I anticipate that Governor Gage
in his closing argument will urge this
idea upon you. CManslaughter)
This he will do that he may carry
back to the cock fighters association
a scalp to hang upon the pole of their
tent
Attorney Rogers then argued at
length upon the elements of the Of
fense of manslaughter, in anticipation
of Ex-Governor Cages closing argu-
ment today.
Attacks District Attorney
Attorney Luther Brown followed his
associate, in an argument in which
he bitterly arraigned the district at
torney's office, and the special counsel
employed in the prosecution of the de-
fendant.
There was time when the district
attorneys office was administered in
the interests of law and order. In this
case its representative, Mr.. Donnell,
has stated before you that these cock
fighters were ignorant of the law and
therefore should not be arrested" said
Attorney Brown.
HE has in these words served notice
to every evil-disposed person in the
community that if they are so fortu-
nate as not to know the law they will
be protected and shielded by the dis
trict attorneys office.
"There was a time when that office
was able to conduct the peoples case.
Now there is hardly a case where
there does not appear one or more rep
resentatives of private interests or Of
private revenge to whom is given the
conduct of the case. The special coun-
sci for the prosecution, Mr.. Gage, does
not like these humane laws that give
protection to the dumb and helpless
beasts"
Scores Prosecution =
81 must confess that on yesterday
was struck with amazement when I
heard the district attorney declare that
the humane law should not be regard
ed. 1 was still more amazed to hear
him sneer at the officers of the humane
society and bitterly denounce them as
the forerunners of an advanced Chris
tian civilization
What hidden motive is there in this
bitter persecution of Carpenter? Why
does the head of this prosecution
whose once high duty it was as chief
executive of this great state to see
that this humane law and every other
law was enforced, now try to mislead
you by declaring here in your presence
that this whole law is void?"
The court room was crowded and ev-
cry inch of available standing room
was occupied.
The speech of Attorney Brown
caused sensation and interesting de-
velopments are looked for today when
Ex-Governor Gage will reply to the at
torney's office.