Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-15
CASS REFUSES TO TESTIFY
President OF Telephone Company
Says He Might IncriminHte
Himself.

SAN FRANCISCO. April l4-Respondent
TO letter from Fremont older. managing
editor Of the Bulletin, Withdrawing charges
brought by him, the grand jury today voted
no true bill against John p. Barrett, news
editor OF the Examiner. and formally
dropped the investigation which followed
the alleged confession Of Eddie Graney that
at cost Of $500 Barrett had hired him and
James Coffroth to cause wholesale ballot
box stuffing In the primaries Of August
1904
Mr.. Older in his letter to the grand Jury
stated that he withdrew his charges be-
cause their perusal at this time might
hinder and hamper the Ruef-Schmitz and
corporation prosecutions.
Asked whether todays action by the
grand jury precluded that body from taking
up the Barrett investigation at a later
date, Assistant District Attorney Heney
said: There is no law TO that effect"
The grand jury was in session one hour
today and no testimony was taken. Only
two witnesses were in the anteroom, A. b.
Cass president OF the Home Telephone
company Of Los Angeles. and Fred Hilbert,
the latter OF whom is under subpoena IN
connection with charges Of petty grating
by Mayor Schmits Neither was called.
Cass stated to Henry that II placed upon
advice OF his counsel, George A. Knight
refuse to answer any questions on the
ground that he might incriminate himself.
Mr. Heney said after adjournment:
Mr.. Knight is quoted in the press as say.
Ing that he advised Cass, Iorrence az auu
Adams, to refuse to give any turner Vesu of n
mOny before the grand jury because OF q
published official statement that the sIanWW
Jury had decided to indict them anyhow,
Mr.. Knight Is misinformed. No such Of
been
would be quite ridiculous for the, proseCusI
tion to presume to say what the AM aue
jury Will or viii not do in the ma'Ie' VI
returning true bills a..
The situation is simply this: Under the
statutes OF California IT is the duty sn, oa IIto
grand jury to extend to an accused person
the right to be beard In his own pennaltt
when witnesses have given evidence agalnStt
him which is incapable OF eXplanau92n.
To Illustrate: If witnesses testified before
the grand jury that they saw Johh Jones
shoot a man to DEATH. that evidence MouIe ba
improper to summon John Jones' an IN
dictment would be returned ana Jones
would in due time defend himself IN court
But If witnesses testified that shortly be
fore the murder they saw Jones IN, Coil-
pany with the deceased IN the NlcHiS my
where the dead body was found, that ,5 eNl,
dence would be "eXplainable' and II would
be the duty Of the grand jury to summon
Jones and give him the privilege OF eN-
That is all the grand jury has done IN
the cases Of Cass, Terrence ana A4atlls MS
felt that thev cannot explain without in
eliminating themselves, they undoupteoy
know best.
Cass, Terrence and Adams already have
testified before the grand jury regarding
the raising OF large funds by the Empire
Construction company's stockholders, who.
besides themselves. were Detweiler ana
Philips. But their testimony stopped be
fore a sworn statement as to how this
money had been disbursed Detweiler rs
now under thirteen indictments charging
him with brlbing thirteen supervisors III
the sum Of 800 each to award to the Home
Telephone company a franchise competitive
with that held by the Pacific States Teie-
phone company. He is a fugitive from
Justice and IL arrested must furnish bonds
in the sum of $4,000 or go to jail.
The grand jury adjourned until Tuesday.