Los Angeles herald., 1907-10-18
EDITOR WINS FIRST POINTS IN
BATTLE
LIBEL CASE WILL BE TRIED AT
SAN FRANCISCO
Scores of Prominent Men Congratulate
Newspaper Man on Success of
Move to Thwart Los An-
geIes Attorneys

Bulletin was ScOreu III SuStiSo ouHhAtASi-
fields court yesterday morning when the
writ of prohibition, described yesterday
In The Herald's exclusive accountS was
produced in court and brought the suit
for criminal libel to a standstill.
AS explained in yesterdays Herald the
writ was issued by Judge Seawell OF
the superior court of San Francisco and
Is an alternative writ enJoining Justice
Summerfield from proceeding with the
case until the question of his jurisdiction
has been settled.
The writ is made returnable in Judge
seawells court November l, when the
defense will attempt to secure per-
manent writ of prohibition. The writ
was issued on the ground of jurisdiction,
the right of Justice Summerheld to order
the arrest and try the case being brought
into question.
Many Witnesses Present
The crowd began to gather in Justice
Summerfeld's court early yesterday
morning. Fremont Older was there with
Attorneys Theodore ]. Roche and Eus-
tice Cullinan of San Francisco, and Hun
saker and Britt Of Los Angeles.
Constable Ben Cohn also came strolling
In early In the morning. Witnesses from
both sides were present, some of them
having come all the way from san fran
cisco under subpoena from the court:
There was also a glittering array OF
legal talent representing Luther Brown
and the Southern Pacific. j. w, NC
Kinley, attorney for the Southern Pa
cific and retained by Brown, was there,
In company with D. c. McGarvin, also
acting as counsel for Brown, and u.
Ray Horton from the district attorney
office. - -
Judge Summerfeld arrived little late,
and as soon as he came in was handed
the writ of prohibition He retired INTO
his private office to examine 1t, but came
out in few moments, and holding the
document up in his hand said the case
was indefinitely postponed. This gave
the victory temporarily to the defense.
Fremont Older received decided ovation
from his friends and admirers as ne
stepped out ,of the court room, where
many were waiting who had not peeli
able to gain adimttance to the CROWDED
room He spent several minutes In snak-
ing hands and responding to congratula-
tions on his victory here and on the work
in San Francisco, where he has been
championing the cause of Francis j.
Heney and the graft prosecution.
Luther Brown Too Late
Twenty minutes after the affair was
all over big automobile came putting
aronnd the corner bearing Luther Brown
and party, who had been delayed by
late train. Brown jumped out OF the
vehicle and rushed into the court room'
followed by A. b. Spencer, one OF the
Calhoun detectives. George Hess one
of Burns detectives, was also on tne
delayed train. He was warmly Wei
coined by Constable Ben Cohn, who asked
the Burns man why. he was there.
SEARCH me-" was the reply II don
know anything about the case."
r. A. Crothers, joint party to the suit
Crothers who took out the writ or pro-
hibition in San Francisco, and he knew
he would not be needed. Crothers again
explained that Browns complaint did
not state the place of his residence at
the time of the alleged libel. a. was on
this technicality he was able to secure
the writ from Judge Seawell.
Mr.. older and his attorneys, as well
as a number of witnesses brought down
from San Francisco, returned by the
Owl train yesterday afternoon. Wmle
here Mr. Older and his party stopped
at the Van Nuys, where the San Fran
cisco editor was kept busy receiving the
congratulations of friends and sympa-
thizers.
Brown Talks of Case
Luther Brown spoke freely on the new
development of the case yesterday after
noon 1.-The writ was simply taken out
In order to gain time" said Mr.. Brown.
NThe editor of the Bulletin wants to put
the matter off until after the election Of
November 8. There is absolutely no
question of Jurisdiction of Justice Sum
merfields court in the case.
.'The Justice court here was within Its
jurisdiction when it issued the complaint
and had Older brought here for prelim-
inary examination. The constitution of
the state of California provides that a
prosecution of this kind may be had
either in the place where the libelous
matter is published or where the person
libeled resides. My residence is in Los
Angeles.
.'The San Francisco court can only
PASS upon one point, and that is the
question of jurisdiction. The writ will
avail the defense nothing except a
delay until after the election, which is
the point they desire"
The writ of prohibition reads "Crothers
VS.. Brown" because Mr.. Crothers took
II out, he being a party to tho suit.
Mr.. older Brings Suit
Suit has been brought in the superior
court of San Francisco by Fremont
Older against Luther G. Brown, Ben
Cohn and G.. A. Wayman on the charge
of false Imprisonment. He asks dam
ages to the amount of 100000, and claims
to have a clear cut case. Brown, he
claims. was in another automobile at
the time of the alleged false imprison-
ment and was said to be directing oper-
ations.
q. Ray Horton deputy district attor-
ney. expressed the opinion yesterday that
Justice Summerfield would not have to
20 in person to San Francisco to show
cause why he should have jurisdiction
In the older case. He may be repre-
sented by counsel G. G. McComas act
ing head of the district attorneys office.
has not decided whether he will send
a representative to San Francisco from
the district attorneys office. Judge j.
w. Mckinley may, be engaged to rep
resent both the district attorneys office
and Justice Summerfield on November l
in San Francisco.
confident of the election of Mayor Taylor
at the next election. He believes all the
men indicted by the grand jury in the
graft prosecution will be convicted. and
he thinks the case against Calhoun
stronger than that against TREY L. Ford
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