Arizona republican., 1907-06-27
ARE |NQUIRING
 INTO INQUIRY
Defense'S Investigation of Frisco Grand Jury
The State Itself Has Been Put Into an Attitude of Defense

San Francisco, June 26.-D. NJ. Del mas. and Charles w. Cobb. the youth full law partner of Heney. were pitted against each other today in arguments for and against the motion to set aside certain bribery indictments against Vice President Louis Glass of the Pa cific States Telephone company and the frequent tits exchanged between the polished director of the Thaw de- fense and his boyish but capable an- tasonist kept two hundred spectators on the edge of eagerness all the after noon. The famed punctiliousness of the one was never more in evidence; the bluntness of the other served seem ingly as a foil. The greater part of the afternoon was consumed in exam ming Foreman Oliver of the grand jury as to the voting and returning of two indictments which charges Glass with bribing Supervisors Furrey and Sanderson to vote against granting a competitive franchise to the home tblilpdHy bl san
 It developed that on the Fist of March the grand jury voted to indict Glass eleven times for bribing eleven supervisors, but only nine of these in dictments were returned to the court March 23. The two withheld were the Furrey and the Sanderson indictments, which Heney instructed Foreman Oli- yer to withhold and place for safe keeping in the grand jury strong box. In making out the eleven true bills the Furrey indictment was signed and voted. but the SandersOn indictment was not. On May 24. two months later Heney gave Oliver two true bills" to be substituted for the Furrey and the SandersOn indictments, say ing that the district attorneys office had found it advisable to make a change in the phraseologyr and on the sJme day these substitutes were by the grand jury lodged against Glass in court.
 It was to determine whether the sub stitute indictments had been duly voted by the board of inquiry. and whether the Sanderson one was found ed on the testimony given by Sander son himself. that the foreman was examined at much length by the de- fense.
 The attempt to elicit information provoked Cobb to accuse Delmas of seeking to discover grand jury secrets and require the witness to violate his oath to protect these secrets. It de- Veloped from Divers answers that SandersOn's testimony was given six days after the grand jury voted to find eleven true bills against Glass, and that confession. given with tears cOursirs down his cheeks. slowly dy- ing of consumption formed no part of the evidence on which the indictments were based.
 Delmas wanted to know if Oliver could recall any one thing SandersOn said in his testimony. over the ob- jeCtiOn of the state he answered; There is one thing I can recall and that I am not at leberty to repeat to you. But it did not concern MT. Glass. I can't remember anything else that Sanderson said because he came into the grand jury room that day and just babbled and babbled.'
 What do you mean by 'babbled ?' Do you mean that his words were un- intelligible?" Delmas asked.
 "No. just mean he babbled. I un- derstood what he said at the time. but I can't recall any of it. He talked ur and down and you couldn't stop him. He was on the stand for five min utes. Some questions were put to him by Heney and several members of the jury"
 What were the questions?"
 ''I don't remember"
 Oliver will resume the stand tomOr- row after the court has heard further authorities from the state in opposi- ton to the defense that the present grand jury is an illegal body because 1t over-lived it's lawful term, and that hence all later indictments by it re- turned are void and should be set aside.