The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-06-26
SEEK TO HAVE
INDICTMENTS
QUASHED
III UPHELD, ALL INDICTMENTS
BROUGHT BY PRESENT GRAND
JURY INVALID.
TAKEN UNDER AMUSEMENT
Prosecution May Have to BE
Done Over.

SAN FRANCISCO, June 25.-All
of the various grounds urged by the
defense in support of motion to set
aside the bribery indictments against
Vice President Louis Glass of the
Pacific Telephone and Telegraph
company and other big corporation
officials, were retired to positions of
comparative insignificance this af-
ternoon by the Importance OF a new
contention presented and argued by
Mr.. Glass attorneys, Dolphin NJ.
Delmas and 4. G. Coogan. If their
contention is upheld as sound by
Judge Lawler, who has taken it un-
der advisement and will hear further
from counsel tomorrow, all but a mi
nor handful of the indictments thus
far returned by the Oliver grand
jury will be set aside as null and
void, and all of the late work of
the bribery graft prosecution will
have to be done over again,
Briefly stated, the charge brought
by Messrs. Delmas and Coogan in
their efforts to have the Glass indict-
ments set aside. and which by for
NAL understanding is for the bene-
fit of all other defendants as we'll
Abraham Ruef, Mayor Schmitz,
Theodore V. Halsey. Patrick Cal
houn Thornwell Mutually, Tirey l..
Ford, VIM. M. Abbott, Abraham *.
Detweiler, Eugene De Sabala, John
Martin, Frank G. Dunn, G.. II. Umb-
sen and Joseph r.. Green-is this:
All of acts performed by the present
grand Jury since a date early in jan
uary of this year are invalid, because
the present grand jury list for 1907
was certified by the county judge on
the date referred to.
The constitution, the law and SUI
preme court decisions, as presented
to the court by Mr.. Delmas and Mr..
Coogan, provide and declare that a
grand jury shall be selected at least
once a year, and that it shall serve
until the next grand jury list is made
up by the county judges and returned
to the county clerk; that thereupon
the existing grand jury shall expire
and its place shall be taken by a new
body chosen from the list prepared.
The undisputed facts are these:
Early in January of this year the
grand jury list of 1907 was duly GER
titled by the twelve judges of San
Francisco county and was by them
returned to the county clerk, but the
Oliver grand jury, being in the midst
of its bribery-graft investigation,
was not thereupon discharged. In
stead it was out of eXistance.
Langdon and Heney contend that,
having been selected in the fall of
1906, it could legally exist for IL
months, or until the fall of 1907.
The grand jury list for 1907 was al
lowed to lie dormant and the Oliver
grand jury proceeded to return
scores of indictments against the
men named in the months of April
and May Just passed.
Judge Lawlor, in commenting up
on the merits of the defense's con-
tention, said:
1.-The question for the court to de-
termine is one of jurisdiction;
whether the returned grand jury list
of 1907 operated as a legal termina-
tion of the life of the grand jury
which found these indictments, or
whether the mere act of the filing of
these indictments with the court
gave the court jurisdiction to follow
the course laid down by the legisa-
ture. or course, if this grand jury
has no existence in law, its acts have
no validity and the indictments must
be set aside. The court will well
come any further light that counsel
may be able to afford.
The hearing was continued until
10 O'Clock tomorrow morning.