Los Angeles herald., 1907-12-20
AND
BARTNETT
INDICTED
FIRST ACT OF THE NEW GRAND
JURY
EMBEZZLEMENT is THE CHARGE
AGAINST BANKERS
InquisitoriaI Body Establishes Conn
mittee to Probe Condition of
Financial Institution-In-
vestigation Not Over
BY Associated Press.

by Associated Press.
SAN FRANCISCO, Dec. Indictments
charging J. Dalzell Brown, general man
aget of the insolvent California Safe
Deposit and Trust company, and Walter
j. Bartnett, director of the institution
and former vice president of the Western
Pacific railroad, with two counts of em-
bezZlement were returned by the grand
jury late this afternoon.
The first count charged Brown as agent
and trustee with embezzling securities
of the estate of Ellen M. Cotton, valued
at sos, 900, which had been deposited with
the trust company by Bartnett and the
second count charges him with embezzle-
ment. Bartnett is charged with embez-
element as special administrator of the
estate and as bailee.
Presiding Judge Coffey fixed the bail
at $200,000 bond or 100000 cash on de-
mand and assigned the cases to Judge
Dunne's department of the superior court.
Brown and Bartnett are confined in the
city prison on the charge of embezzle-
ment sworn to by Crittendon Thornton,
an attorney for the Cotton estate, while
David F. Walker, former president of
the bank, Is at liberty on the same
charge on bonds for SIS 600.
The preliminary examination of Bart
nett and Brown before Judge Dunno and
the determination of the writ of nabeas
corpus granted yesterday by Judge Law
lor and returnable today. was continued
today until tomorrow morning.
Persecution, Says Defense
Charles A. Gray of counsel for Bart
nett made a strong fight in both courts
against postponement,N declaring that the
defendant was being prosecuted by pri-
vate individuals for private reasons. Be
fore Judge Dunno he again repeated his
demands OF yesterday for an immediate
hearing for the defendant and in Judge
Lawlor's court asked that the writ be
considered at once and the prisoner dis
charged
Assistant District Attorney Cook re-
quested a continuance of the preliminary
examination in order that the grand jury
might finish it's work today. He opposed
the immediate hearing of the habeas cor
pus proceedings before Judge Lawlor on
the ground that the chief of police had
not yet had time to make proper return.
The disappearance of the Cotton secur-
tiles, alleged to have been removed on
or about May l last, but not discovered
until three weeks ago, was the first in
vestigation made by the new grand jury
which was impaneled last week. Attorney
Cook began presenting the matter to the
inquisitorial body yesterday afternoon,
when 1t convened for the first time, and
it was followed by the voting of the in
dictments this afternoon. Few witnesses
were called today, among them being
James Treadwell and r. d. Frye, both
directors in the insolvent trust company;
H j. McGinnity, bond clerk; w. w
Scott, gatekeeperi Norton c. Wells. man.
ager OF the Fillmore street branch OF the
bank. and Warren Olney. jro who sue
ceeded Bartnett as general counsel on the
coast for the Western Pacific company.
Walkers Fate Uncertain
Attorney Cook stated today that the
evidence against Walker in regard with
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