The San Francisco call., 1906-12-29
s|EMsEN FAILS TO.
DELAY HEARING
Judge Cook Holds That No
Facts in Case Warrant
Change of Jurisdiction
DATE SET FOR TRIAL


The attempt to secure a removal of
the trial of John Siemsen, gaspipe as
sassin, from the jurisdiction of the
local courts. met with defeat yesterday
morning in Judge Carroll Cooks court,
where the motions for change of venue
and for commission authorizing the
taking of testimony in Hawaii were
argued. Judge Cook denied both mo-
t1ons and continued the case until jan
uary 8. when a jury will be drawn
for the trial.
The afldavits filed by Attorney ]. ].
Greeley in behalf of Siemsen at the
last hearing of the case were answered
yesterday by affldavits produced by As
s-stant District Attorney James Han
ley, who attempted to controyert the
claims of the defense that evidence as
to Siemsen's sanity should be taken
from Hawaiian witnesses and that
fair trial could not be secured in this
State because of the prejudice against
the defendant in the mind Of the public.
Hanley's counter affidavit set forth
that Attorney Greeley was present at
the preliminary examination of the
case and that his claim that he was
unfamiliar with the case was therefore
groundless. Hanley also pointed out
that at the time Of the preliminary ex-
animation Greeley did not ask that a
special commission issue for the taking
OF testimony and did not then object
to the date Of the trial on the ground
that there was no time to prepare the
defense in the case. He referred, too
to the fact that Greeley's affidavit did
not state whether the testimony in
tended to be secured from the Hawaiian
witnesses would be in relation to the
defendants sanity.
PLENTY OF FAIR JURORS
I'VE have here in this city $50, 1000
people and $4,000 men eligible as
jurors" declared Hanley I'm view of
this. it Is useless to argue that jury
Of twelve unbiased, fair minded men
cannot be secured, or that the defend
ant would not be given a just, fair and
impartial trial The public mind is not
Influenced against the defendant and
the request that commission issue
from this court in order that testimony
may be taken in Hawaii in Siemsen's
case is simply a ruse to delay and him
der Justice Mr.. Greeley cannot say
that he is not in possession of the facts
in this case or that he has not been
In possession of them for a long time"
Affidavits of Policeman George Null
cahy and John Atridge were intro
duced to prove that Siemsen had not
been in Hawaii for eight years, and
the deposition of the former also con-
tanned the statement regarding Stem
sens former conviction for grand lar
ceny in 1902. Affidavits of Frank
Kelly, j. D. Kelly. A. Won Hofen, H c.
Young and Joseph Lecara vouched for
Siemsen's soundness of mind, all the
atlantis scouting the possibility of in
sanity. Hanley stated that the aff1-
davits filed by Greeley contained moth
ing to substantiate the claim OF in
sanity, which the latter has declared
is to be the sole ground of defense. and
suggested that the purpose of delay
was in order that the witnesses against
Siemsen might be lost sight of, disap-
pear or become Ill before the case was
brought to trial
SHOWING IS INSUFFICIENT
"I can see nothing in the affidavitsl
filed by Mr.. Greeley to show that TIE
evidence to be obtained in case the
Hawaiian witnesses should be heard
would be material to the case" de-
clared Judge Cook. "The showing made
is not sufficient to Justify either the
motion for special commission or for
a change of venue at the present time
and both motions are denied. When we
start to impanel the jury for this trial
the motion for a change of venue will
be in order. if 1T can be shown at that
time that fair and impartial trial can
not be secured in this jurisdiction
Judge Cook said that he saw no rea-
son, however, why a reasonable con-
tinuance should not be granted, and
the case was set for trial on January
3, when the impeachment of the jury
will begin.