Los Angeles herald., 1907-04-02
Starts Habeas Corpus Proceedings In
the Supreme Court to Secure
Freedom-Mr. Earl
Excused
(contInued from Pare onel

! visit him except at the dlScretlOn OF
the ellsor; that he is being punished,
I imprisoned and Inundated before trial,
| and that he cannot properly prepare
II his defense under existing conditions Of
confinement; that all this is being done
for the express purpose of hindering
land hampering himself and his counsel
| in the preparation of his defense; that
he is not held by lawful authority; that
he Is held without bail on the ground
that his trial has begun under section
l11129 of the penal code which is un-
constitutional and violative of the fifth
and eighth amendments to the consti-
tuition of the United States and of sec
tion 6 of article 1 of the constitution of
California, referring to bail and to
cruel and unusual punishment; that he
| is being cruelty and unusually pun
| ished.
Asks to Be Discharged
He asks to be discharged from the
custody of the elisor on reasonable bail
and to be then ordered into the custody
of the sheriff, and that pending the
hearing OF this petition, an order Of the
court be made directing the elisor to
permit any one person at time to
visit and to talk to him within reason
able hours ana to permit any person to
visit him upon written order of his
authorities and to permit him to con-
suit freely and openly with his attor-
neys outside of the hearing of Elisor
Biggy and his guards.
The supreme court took no action
upon the application today, not even
issuing an alternative writ.
Edwin L. Earl owner of the Los An
Igeles Evening Express, and Dr. John r.
Haynes, president of the civil service
commission of Los Angeles and of the
Direct Legislation league of California,
were among those who presented them
selves today for Interrogation by the
grand jury.
Both had been subpoenaed without
the knowledge of Assistant District At
torney Heney, according to a state
ment by the prosecution, and DR..
Haynes had been subsequently excused
by wire, but the telegram did not reach
him.
Both Arrived Early
Mr.. Earl and DIR. Haynes came early
In the day to the office Of Mr.. Heney
and had q private interview with him.
At it's conclusion DIR. Haynes was ex-
cused from attendance on the grand
jury and Mr.. Earl was requested to re-
main and testify inasmuch as he was
a director of the Western Trust COM
lpany, the Los Angeles corporation
WHlCI was VI SalllHCu lOl lilO pun pOSO VI
underwriting the bonds of the Home
Telephone company of San Francisco.
Mr.. Heney said II excused DR..
Haynes because 1 was satisfied he
knew nothing whatever of the affairs
under consideration. I asked Mr.. Earl
to appear because I though he might
be able to enlighten the jury on GER
tain Home Telephone company matters.
II afterward learned that Mr.. Earl
I, i I1Ir nk oil nf do
ing in connection with either the West
ern Trust company or the Home Tele-
phone company, He answered readily
the questions put to him in the jury
room, but he could add nothing to the
information because he knew nothing.
Knew Nothing of Brbes
The gist of Mr.. Earl's testimony be-
fore the inquisitorial body was that he
had been advised by the Adams-Phil-
lips company of Los Angeles to sub
scribe, as a first-class investment, to
the 81, 900, 900 of San Francisco Home
Telephone company bonds underwrit-
ten by the Western Trust company;
that he did so, and was elected a di-
rector of the latter corporation: that he,
together with DR.. Haynes and forty
one other stockholders, has thus far
paid on demand 80 per cent of his sub
cent each, one in April and the other
in December, 1905, the total 80 per cent
payment of all the forty-three stock
holders being 100000; that he attended
only one directors meeting, which was
held in May, 1906, and that he was
wholly innocent of the wrongful use of
funds in any of the matters under in
vestigation or to be investigated.
Before Mr.. Earl left the witness
stand this unusual dialogue happened
between Earl and Heney:
Mr.. Earl-Mr Heney, Is 1t not fact
that you have told me more about the
affairs of the Home Telephone company
than L knew before I came into this
room?
Mr.. Heney-That is correct.
Mr.. Earl-Are you satisfied that l
know nothing of the affairs you have
questioned me about?
Mr.. Heney-Entirely.
Mr.. Earl-Will you so state to the
press?
Mr.. Heney-I will, sir, with pleasure.
Other Witnesses Called
Other witnesses examined by the
grand jury today were Hartley Peart,
an attorney associated with George
Hatton, general counsel for the Home
Telephone company of Oakland; Miss
Hatton; Stuart Gaynes, a local news
paper man, and Mr.. Stice, assistant
general manager of the l -cifc States
Telephone company, Miss Cochran
was interrogated and testified as to
letters of the Home Telephone company
of San Francisco which had been die
tated to her by Hatton
II couldn't tell the jury much" said
Miss Cochran after she had been ex-
cused.
The trial of Ruef On tho eXtortion
charges is. unless the program be abb
lruptly changed at the last moment, to
be actually begun i'm Judge Dunne's de-
partment of the superior court at 10
o'clock tomorrow morning.
1t is estimated by counsel that ten
days or even two weeks will @ taken
up in getting jury Attorneys Short
ridge, Ach, Fairall and Murphy will ap-
pear for Ruef, Ach being authority for
the statement made tonight that no adj
ditional counsel win be engaged.
The talesmen win be examined by
Ach. OF these there are nineteen re-
manning from the $50 drawn by Judge
| npdar othap 1Q1 having