Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-09-14
FIVE TALEsMEN ACCEPTED IN
FORD TRIAL
Two Who Sat on Jury That Convicted
Glass May Help to Decide Fate
of Counsel for United
Railroads

perY1Sor LOnergan.
A feature of the days proceedings was
a spirited clash between Heney and At
torney Earl Rogers of Los Angeles.
Among the nine men in the box are
two who served on the jury which con-
victed Vice President Louis Glass of the
Pacific Telephone and Telegraph COM
pany of bribing the same supervisor un-
der circumstances similar to those set
forth in the Ford Indictment They are
Niels Mortensen, who has been finally
accepted and sworn, and Joseph P.
Queen.
Chief interest today centered in a de-
termined fight by the defense to dis
qualify talesmen who were members of
the jury which convicted Glass in the
trial of that telephone official Lonergan
and other supervisors testified that they
accepted bribes from the United Rail-
roads, among these being those on which
the indictments against Ford is founded.
The defense assumed the position
that the Glass jurors, by render
ing 81 verdict of conviction, af-
firmed their belief in the truthfulness of
that testimony, hence are disqualified
under the law Of implied bias from
trying Ford. A forceful argument in
this behalf was made by Earl Rogers.
Assistant District Attorneys Heney and
O'Gara opposed with spirit, and won the
ruling.
They represented that the case against
Glass was so strong circumstantially
that the conviction wouid nave oeen Jus,
titled without Lonergan's testimony, and
further, that the declaration of Tales
man Queen in the present trlai tnat ne
had not formed any opinion as 10 wnetn-
er Lonergan was piioeu py Tue onleea
Railroads removed him from the laws OF
disqualification.
p-...eu+;on
na'es ..r. =
Judge Lawlor IN ruiine saio' u ~
plain tnat the iesisasule ~ .-ss
statutory control industriousiy omitteu
| from the terms Oh 'lmpiieo pias ene cass
as 1t arises here. IL is my outy anu
my earnest desire TO see lhae no nian M
| is allowed to sit ON this Jury Wnose
mind is not perfectly open ana Tree 70
weigh the evidence and apply the Jaw
| as 1t will be given py the court, anu
to that end It devoives upon me 70 OK
@1Te .s9rhe sworn declaration of the tales
man. however, that he formed no opin-
| ion as to the commission of the crime
Itself. or of the guilt or innocence OF
the defendant here charged, clearly
shows him to be outside of the laws
inhibition which defendants counsel seek
TO invoke against him. The challenge is
therefore disallowed."
|
williams. a retired broker, and for many
wears a master mariner, developed the
| Ars+ clash between opposing counsel since
| tba trial began. Captain Williams, under
cross-examination by Mr. Rogers, de-
| clared himself owner of a. considerable
block of the stock Of the Spring Valley
| water company.
..Captain'' asked Rogers would the
fact that Francis J. Hepey is the attor-
new for the Spring Valley Water company
| influence YOU in arriving at a verdict in
| This case If YOU should be accepted and
| sworn?'
"Inat's not true" Heney spoke up.'1
| am not the attorney for the Spring Val
| iev I was merely employed in the inter-
ests of that corporation in some of it's
| LITIGATION. I suppose there is no doubt
| n was Spring Valley that paid me for
NV services. You see. I am giving you
| a chance to say that my pockets were
| lined with Spring Valley gold.'"
Rogers ana 7eney CiasH
'.If it should appear" continued Rog-
| ers, addressing the talesman. that the
prosecution here through Messrs- Spreck-
els, Phelan, Heney and Langdon at
| tempted to get political possession OF the
city in behalf of the Spring Valley
Water company, with the intent ana pur-
pose to sell the Spring Valley to the
CITY, WOulQ lildt idCt ii4AoOAa~S ~ So
arriving at verdict you being a stock
holder in that corporation?"
''Buncombe,'' interposed Heney. Il tell
you what I'll do I'll withdraw my OBJ
lection to that question If you'll tell this
jury that you will attempt to prove that
charge or one-thousandth part of It"
Il can prove nine-tenths OIL IT. an
swgreu ssrt lsossrs ,,,,, o++ar,nt - a. 4,
ler .ne Juiy s,u Svu = ..a'.ssp. y ~ thatf
tnen s'y yuu @ "on -,sa.,, a.. a. ;s,,s+
can set q Snaneo ~ =. s..s,t tr,,a
trutn ana tna. you INV M lsn,, ~, ~
want enalSo ~ s1Nl, e,, ~. ara
punconioe YOU 10 'iSiNs ~ - 80,
jury; jury, .4 r,r -. ;, 4,o,.or, -
'ei. ~ -, - c....ess,1,1,, -,
torteu. prose ,'s.t ~ l,o,aars oe
aheian . are .wo u .ne s t,.a. AZ erst
spring valiey stueA anu .ina r,ss -
tnipg spreckeis qua win 4 ins new y. saa'a
OF supervisois We w,,e,r ths ,is., ),
"ssrt You ', can't prov prove anything Of the