Los Angeles herald., 1906-08-28

such prosecutions are generally held
up until too late to accomplish convic-
ton:
After I noticed in the papers an
account of this wreck, 1t occurred to
me that here, If anywhere, there had
been criminal negligence on the part Of
the employees of the railroad. Accord
ingly, when the coroner had set the
time for the inquest, / directed one of
my deputies, Judge Allen, to be present
at that inquest and listen to the testi-
mony of the witnesses and then in
form me concerning the premises, feel
ing that undoubtedly complaint would
be applied for. Now If Conductor
Witty has escaped, then the coroner's
jury is directly responsible for the
blunder.
'If on August 14th there was suf-
ficient evidence for me to order a
criminal complaint prepared (and there
was), then and there that jury should
have returned their verdict ordering
the arrest of Witty. After the testi-
mony taken August 14th an adjourn
ment without an order for his arrest
was very great blunder on the part Of
the coroners jury"
Jurors MIsIed
1.-The high standing of the individual
jurors precludes any other inference
than their lack of knowledge of their
powers and duties. They may have
been misled by noticing the presence
of deputy district attorney at the
inquest. but that deputy had no Of
fetal standing in that tribunal other
than that of spectator.
There is no law permitting the dis
trict attorney to participate in coro-
ner's inquests. This is not as it should
be but as it is.
70 fof
and to report to me whether 1t would
be proper case for a criminal action,
assuming that the complaint would be
made before my Office After the ad-
journment on August 14th he reported
to me Immediately and upon hearing
his report l authorized complaint to
issue and ordered it drawn assuming
that there would be some one coming
hot-foot to swear to it. This complaint
was drawn on that day and has been
ready in the office ever since.
Took Quick Action
1.-THE district attorney is only one
officer of many who has to do with
the arrest and trial of alleged GRIM
inals. Our branch of that work is the
legal branch and we took speedy ac-
ton. That action was taken at once
and in view of the Unprecedented ad-
journment of the coroners jury without
rendering a verdict and ordering the
coroner's warrant to issue. Although
a man had promised to come to the
office and swear to that complaint no
one came to do so, and it was certain
ly fair to assume that there had not
been sufficient evidence yet to con-
vince this coroner's jury of the guilt
of Witty.
"If l had gone outside of my proper
sphere and had one of my own men
swear to that complaint while the
matter was still pending before the
coroner's jury would have been justly
censured for attempting to influence
the verdict of that jury thereby.
Censures Coroner's Jury
Either, then, there was not sufficient
evidence for the coroner's jury to de-
eide as to the culpability of Witty at
the time they adjourned August 14th
(and in that event there certainly was
not enough for me to act or else there
was abundance of evidence for them to
have returned their verdict.
'I believe the latter was the case
and that by failing to do so they al
lowed Witty to escape, if he has
escaped. The law regarding the duties
and powers of coroners and coroners'
juries is a very poor affair and needs
remodeling completely, permitting the
district attorney to be represented
there and have some voice in the pro-
ceedings and some responsibility for
the results of the investigation"