Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-15
PROSECUTION DUMBFO UNDED'
Depended On Him to Prove Glass
Approved OF Disbursement OF
$4,000 Bribery Fund.
Witness l,cmaiucd Obdnratc. Though
Court Read Provision of Code Re,
lating To Witnesses Ttcstifylne.

San Francisco July l5.---A bomb
was exploded in The camp of the bri,
berry prosecution this morning after
the resumption Of the Louis Glass
trial. Emile j. thinner who. Ike
Glass. Is vice president Of the Pa
cihc States Telephone company, was
called TO the stand by Asst. Dist.
Atty. Haney ami refused to be sworn
or TO testify. ON his testimony the
prosecution depended 10 establish the
vital claim that Glass approved the
disbursement " the $4,000 bribery
money alleged TO have been paid TO
supervisors by agent r. V. Halsey,
$1,000 of viii IN Mayor BoNton has
testified TO accepting, thinner was
sentenced TO 1ive days Imprisonment
for contempt OF court.
When Mr.. Zjmmer came 10 the front
of the synagogue In response to INC
calling of his name he turned from the
clerk who was about To administer the
oath and said to Judge Lawlow:
zIAlMER TALKS.
Meaning no dsrespect to the court,
i have decided not to be sworn. My
reason is that the grand jury has seen
fit to indict some gentlemen without
sufficient evidence and therefore. to
protect myself, / have decided not to
take the stand
Intense silence reigned IN the great
auditorium for q part of a minute. THIS
was to the prosecution bolt out OF
the blue. Then Asst. Dist. Atty Heney
sprang to his feet.
This witness" he said in loud
voice, was advised when he was be-
fore the grand jury that he did NOT
consider his testimony was such thut
II would tend to subject him to prose-
cution for :elouy. In view of that
fact. we consider his conduct at this
time as highly improper and we ask
that he be instructed to take the OATH
Delmas interposed an objection 10
'the district attorney making any oii-
cial statement IN the presence OF the
Jury unless he first be placed under
OATH
Heney replied:
I'm acting under my official oath at
all times"
THAT" retorted Delmas. does not
entitle YOU to prese:-. before this Jury q
statement OF your valuation OF this
witness testimony"
Heney suggested that Zimmer conld
not in any event, refuse to be sworn
that he could only Bring his refusal TO
the attention of the court after the oath
had been administered.
THE witness win be sworn. Then we
win determine his attitude" ruled
Judge Lawler.
zIMMER SWORN
Clerk Martin welch administered the
oath to thinner. and the prosecutions
most i-nn9r.an. prospective witness
took the stand
What position do you occupy with
the Pacific States Telephone and Tele-
graph company" Heney asked.
Perhaps You had best begin by ask
ing the witness his name" Judge Law
l0r suggested.
What is your name?" asked Heney.
Emile j. thinner
What position do you occupy with
the Pacific States Telephone and Tele-
graph company"
II am a vice president of that cor
poration."
How long have you been so en-
ployed?"
Your honor" replied thinner turn
ing TO Judge LAWYER 81 refuse TO an-
swer--meaning no disrespect to the
court"
Judge Lawlor. opening a copy OF the
code OF legal procedure said:
The court at this time lnstruets the
witness az to his rights and duties as
such. Section 2064 OF the code OF civil
procedure provides that a witness must
answer all legal and pertinent ques-
tons. Section 2065 provides that he
need not answer any question tending
to subject him 10 prosecution on
felony charge, or tending 10 degrade his
character Unless under the latter pro-
vision the question Is one directly going
to the facts In issue.
"The code OF clyil procedure defines
what acts shall constitute contempt OF
court, and provides punishment there
for not to exceed a fine of $500 or inn