Los Angeles herald., 1907-09-29
OLDER TAKEN
FROM TRAIN
KIDNAPPED EDITOR RELEASED AT
SANTA BARBARA
SAYS 1T is pIARoLIcAL SCHEME
OF cALHoUNs
Head Of San Francisco Bulletin Ac-
cused Of Criminal Libel by
Luther Brown of Los
Angeles
tcontinued from Page one.1

tCOnt1nueu IE0m Eutsc OAesy
1 supposed to be revolver against my
side and told me he would shoot If
made any disturbance.
1--WE raced through the park at dan
gerous pace and down the Peninsula
At 6:35 O'Clock we arrived at Redwood
and they held me in the automobile OF
to one side in the shadows until the
train came in at 5:55 The two deputies
and Ashe and Brown got aboard witt
me. keeping guard in the drawing room
they had reserved.
II told them this was a dastardly
procedure and that it would most surely
react on them, as when my wife ano
friends in the city learned OF 1t tney
would tear up the town. This seemed
to make the deputy realize the serious.
ness Of the act, and he agreed to SEND
any message for me that wished &c
give. 1 dictated a telephone message
which was evidently sent from San Jose
else Spreckels could not have learned OF
my whereabouts.
He Blames Calhoun
..r was wholly ignorant of the proceed
santa Barbara, and was surprised when
informed of the warrant here for my
arrest. This whole thing is diabonca
scheme of Calhoun's. They are a des-
perate band of wretches and VIII mol
hesitate at anything"
The proceedings before Superior Judge
Crow lasted an hour and half, IN Whlcn
time the whole story of the kidnopins
came out. 1t ended by Older being al
lowed bail in the sum of $1,000 named In
the warrant, to guarantee his appear
ance in the justice court at Los Angeles
at such time as the court there should
designate.
Attorney Henley C. Booth was re-
tanned by Ashe and Brown to represent
them and opened the proceedings before
the court by an appeal for the retention
of Older in the custody of the constable
from Los Angeles He maintained tnat
it was only a question whether the de-
fendant was in the custody of an oflcer
on a legal warrant, and that the Jurlsolc-
ton of the court did not proceed beyond
that. He cited a section of the criminal
code. which, he said, specific that ap-
plication for bail could be instituted only
in the county in which the warrant was
drawn or in the county in which the ar
rest was made.
, Judge Crow held that 1t was in the
i,,risdiction of the court to entertain the
habeas corpus proceedings and asked iol
the evidence. Older was placed on the
stand and narrated in substance the story
already given. He declared himself In
fear of his custodians. 1T is an alarm
ing thing to be left in the custody OF
these men and do not feel safe"
MANY objections were interposed py
Booth to the testimony that was elcltee
bv Attorney Richards from Older, bu
the latter was allowed to tell his story
Under cross-examination, Mr.. Older was
asked merely concerning his willingness
10 appear in the Los Angeles court
Porter Ashe on Stand
Porter Ashe was next put on the stand
hut made a very poor witness. His tes-
timony was futile, so far as upholdlns
the contentious that Attorney Booth was
mal,ing. He practically admitted kidnipine
older. When questioned as to why he
had taken older to such an out-of-the-
way place as Redwood, he said that ne
remembered a case where Spreckels was
arrested in San Francisco on a criminal
libel charge a few years ago on war
rant from Los Angeles, and rescued by
his friends on a writ of habeas corpus
sued out In San Francisco. To prevent
such an occurrence, they had taken Older
to Redwood. This was practical ad'
mission of the kidnapping.
Luther Brown went on the stand for
a moment to testify as to the autnen-
ticity OF some of the signatures. AfteI
argument the case was submitted to the
court. Judge Crow ruled that the court
had jurisdiction to grant Older Dali ano
accordingly fixed the amount at $5oVo
In answer to Booths contention that the
application on bail must be made either
in the county in which the warrant Is
issued or where the arrest was made
Judge Crow said that one so arrested
shall be taken before competent cour'
ON, demand, that the bail might be fixed
Court Grants Ball
The evidence tended to show that such
demand had been made, that the Officers
in whose custody he was had deceived
older into the belief that he was going
to Judge Cooks court then later tc
his house. There had been no testimony
introduced to disprove these statements
Accordingly, the court ruled that 1t was
within its jurisdiction to grant the bal
applied for.
II chose to get the warrant in Los
Angeles because that is my home, ,anc
the constitution grants me that privi-
lege" said Luther Brown. ut is op-
tional with me where the case sinai
be tried, and it cannot be removed from
the jurisdiction of Los Angeles"
Confronted with the circumstances that
show the arrest and holding may have
been kidnapping, Brown merely said: u
have nothing to do with that. I did not
hear any of the conversation. 1t was
not kidnapping, but / did not hear any
thing that passed I left that to the
officers who arrested him, and I have
no concern as to how they get him be-
fnra fha cn1rt "