Los Angeles herald., 1907-09-04
INDICTMENTS
MUST STAND
CALHOUN AND ASSOCIATES LOSE
FIGHT
COURT RULES AGAINST ROADS
OFFICIALS
Holds That the Oliver Grand Jury's
Charges Are valid--eIass May
Be Tried on Other
Counts

BY Associated Press.
SAN FRANCISCO. Sept. s.-superior
Judge Lawlor today knocked another
prop from under the bribery-graft de-
Tense by denying the motions to set
aside. dismiss and quash the bribery in
dictments returned by the oliver grand
Jury against President ratrick Calhoun,
General Manager Thornwell Mutually
Chief Counsel Tirey L. Ford and AS
sistant Counsel William M. Abbott of
the United Railroads, Vice President
Louis Glass of the Pacific Telephone and
Telegraph company, former Mayor Eu-
gene e. Schmitz and Abraham Ruef, and
Frank G.. Drum, Eugene de Saba and
John Martin of the San Francisco Gas
and Electric company.
Each of the defendants excepted to
the decision, and their counsel were given
thirty days in which to prepare a bill
of exceptions.
Judge Lawler read his decision deny
ing the motions, in part as follows:
For the purposes of this decision l
assume 1t to be the law of this state:
.First-That II body of men, styling
itself grand jury, a body having no
legal semblance or color OF authority
whatever, files in the superior court a
such document cannot confer jurisdic-
tions upon the court, and>upon the sug-
gestion of an interested party, or by
such court of its own motion. the pro-
ceedings upon such purported Indictment
should be stayed
''If it be clearly shown that in the
finding of an indictment fundamental
right secured by the express terms of
the constitution of the state has been
i ,r I46 NV
the legislature it becomes the duty of
the court to relieve the party from pros
ecution under such an indictment.
Entitled to No Relief
81 find that there is no lack of juris-
diction in the court to proceed under
the said indictments; that no constitu-
tional right of any of these defendants
has been infringed; and that they are
not entitled to any form of statutory
relief so far as the pending motions are
concerned. 1t is accordingly ordered
that each of said motions be and 1t is
hereby denied"
Judge Lawlor said that it was his pur-
pose to prepare and file written opin-
ion which would discuss at length all of
the points involved, and that he will do
so when the supreme court has de-
termined the motions now before it for
writs of prohibition restraining further
trials of the defendants.
The case against Millionaire A. K. Det-
weller. indicted on thirteen counts of
bribing supervisors. was called and con-
tinued one week, Assistant District At
torney Ogara informing the court that
Detweiler is still fugitive.
The eight pending cases against Glass
were called for trial and counsel an
swered Ready
Judge Lawlor said that before proceed
ing with any of them it was necessary
for the court to know the intentions of
the prosecution; that sentence would not
be passed upon Glass in the conviction
had last week until after further trials,
if the district attorney meant to press
the remaining charges. Pronouncement
of sentence at this time would make all
sentences concurrent and nothing would
be gained by further trials. Mr.. Ogara
replied that Mr.. Heney was out of town
and no one could speak for him. > The
cases. were continued to September TO-
The conspiracy charges charges against
Abe Ruef and former Chief of Police
Dinan and the perjury charge against
Dinan were postponed this morning by
Superior Judge Dunno until September "a.