Los Angeles herald., 1907-10-17
Complaint Held Defective


hibition was issued is that the complaint
on which the preliminary examination
before Summerfield was to be held fails
to state facts showing that libel was COM
mitted, and also fails to set forth facts
which would give any court in Los An
geles county the right to take jurisdiction
in the case
According to Attorneys Eustace Culli-
nan and Theodore j. Roche, representing
Messrs Older and Crothers, under the
constitution of California defendant
prosecuted for libel is triable In two
counties in the state-frst, in the county
where the publishers office is located,
and, second, in the county where the per-
son libeled resides at the time of the
libel.
The lawyers for the defense scored a
technical triumph in taking advantage of
five words in the statute: AT the time of
libel''
Attorneys Cullinan ar: ,oche, who are
staying at the Van Nuys with Mr.. Older.
discussed the case freely last night, and
commented upon dispatch received by
The Herald from San Francisco concern
ing the writ of prohibition issued oy
Judge Seawell.
.,The complaint does not show where
Iuther Browns place of residence was ut
the time of libel" said Attorney Roche,
land the defense has clear case on that
point Without doubt the complaint
was deficient and poorly drawn, showing
little knowledge of the libel law on the
part of the person who wrote 1t.
..Mr. older, Mr.. Cullinan and myself
came down to Los Angeles today with
the full expectation and intention OF
meeting the trial here tomorrow. We
were ready to face the music on Brown $
native heath. But when the opposition
went so far as to stoop to petty nagging
by deliberately subpoenaelng every pos
sible person connected with the Bulletin,
attempting to actually cripple the news
paper by compelling the whole staff of
renorters. editors, editorial writer's and
even the attaches of the business de-
partment, including the cashier and the
bookkeepers, to testify, we concluded
that it was about time to put a stop to
such contemplate proceedings.
summerfield Must Appear
eve have securely checkmated Luther
Brown and when this writ of prohibit
tion is returned November ! in San
Francisco, he will have to meet us on
our own ground. Justice summerheid
will also be compelled to appear.
..Incidentally, aside from this absurd
libel case, which is altogether fiimsy, l
can state that Luther Brown will have
to stay in this fight to the very finish.
The graft prosecution in San Francisco
Is after him. Porter Ashe is scared,
FOO Brown faces trials for crimes on
the conviction of which he will have to
serve ten years on one and fourteen
wears on another, including the kdnap-
ming of Fremont Older and the subor-
nation of perjury in connection. with the
graft cases of the United Railroads.
II anticipate that the superior court
will. November 1, simply issue peremp-
torv writ of prohibition against Summer
field, preventing the case from going
any further at ALL
The defense today introduced in evidence
the seven letters alleged to have been
written by Mrs. Pet Magill before her
death. These picture the woman driven to
suicide by the continual nagging of Ma
gill's relatives and by awful headaches
which she believed to be incurable. In
one of the letters she urged the marriage
of her husband to Faye Graham and urged
her daughter not to suffer her mind to be
poisoned by any gossip she may hear.
The state charges that the letters are
forgeries and that they were written with
view of diverting suspicion. Many wit
nesses were called during the day to tes-
tify as to the genuineness of the letters.
Among these was Margueriate Magill,
daughter of the dead woman. These let
ters were written by my mother" said
Marguerite ION the day preceding my
mothers death she told me she wanted
to write. and l got her some stationery.
She wrote letter and placed it II. large
envelope. Faye Graham was present at
the time Indeed she was often at the
house. but she always came at the invita-
tion Of myself or my mother"
The witness told of the walk she had
taken with her parents through the ceme-
terry shortly before her mothers death.
'How quiet and peaceful 1t is here 1
said
Eyes, replied my mother, II wish was
here'' and upon my father reproaching
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