Los Angeles herald., 1907-08-10
.HALSEY is
NEAR Deaf
MAN INDICTED FOR BRIBERY MAY
NOT LIVE
SUPREME COURT TO ACT ON
WRITs OF PROHIBITION
Chief Justice Beatty Says Cases Will
Not Be Considered Before Mon-
day-Contentio Is Indict-
ments Are Not Valid
BY Associated Press.

BY Associated Press
SAN FRANCISCO, Aug. 9.-The condi-
ton of Theodore Halsey, indicted on the
charge of bribery, is considered precari-
Gus. At late hour tonight he was said
to be very low.
At o'clock this afternoon DIR. Thomas
E. Shumate made the following state
ment:
"Mr. Halsey is holding his own. He has
rallied from the surgical shock and Is
resting as we'll as can be expected But
the chances for his recovery are unfavor-
able"
Dr. Shumate reported the condition of
Mr.. Halsey to Judge Dunno in the su-
perior court this morning when the case
was called after the adjournment necessi-
tated yesterday by the sudden illness of
the defendant.
DR. Shumate testified that he performed
an operation for appendicitis on Mr.. Hal
sey at $3.50 o'clock last night in presence of
Drs Galwey and Sweeney at the ST.
Francis hospital He said he found the
appendix in a gangrenous state and re-
moved it.
"The condition of Mr.. Halsey today"
said DR.. Shumate, sis very serious. 1t is
entirely mpractioable to say how long
Mr.. Halsey will be confied to his bed If
he RECEIVERS. Nor is it possible to say
what chance for recovery he has. The
case is grave, partly because of the weak
ened condition of the patient at the time
he was seized and partly because of the
severe and extensive nature of the intes-
final disorder
After a brief cross examination of Dr.
Shuman by Prosecuting Attorney john
son, Judge Dunno announced his decision
to send Drs. Kerr and Shields to the hos
pital to examine Mr.. Halsey and report
to the court at 10 o'clock Monday morn"
ing, to which time adjournment was
taken.
Responding to an inquiry, Chief JUS
tice Beatty of the supreme court today
stated that no action will be taken by
the supreme court before Monday in the
various applications for writs of pro-
hibiton restraining the judges of the
superior court from proceeding with the
trials of several corporation officials
charged by the Oliver grand jury with
the crime of bribery. Judge Beatty inti-
mated strongly that on Monday these
applications will be taken up for con-
sideration in open court and that prior
to that time they will not be considered
in chambers, some of the justices be-
| ing out of town.
| indictments May Be Invalid
! Should the supreme court issue an al
| ternative writ all the bribery graft
prosecutions would be stopped until the
| final determination of the applications
which were made mainly on the ground
| that the supreme court is without juris-
dction to try the cases for the reason
that the Oliver grand jury is an illegal
body and hence the indictments returned
by it are invalid.
Should the writ be thereafter made per-
manept a new grand jury would have to
be impaneled and all the work of in
dictment done over again. In the famous
Bruener case, whose decision was writ
ten by Associate Justice MacFarland and
concurred in by three of the other JUS
tices and dissented from by three, it was
held by the supreme court that the fill
ing of invalid indictments in court can
not confer jurisdiction upon that court
to try them, when the grand jury itself Is
existent illegally Whether this decision
will be followed by the majority of the
seven justices in the present matter is
the cause of much speculation among
lawyers throughout the state
Delays Glass Trial
In department eleven of the superior
court today, Attorney T. G. Coogan inter-
posed a formal objection to any further
proceedings by Judge Lawlor in the i'm
pending trial of Vice President Louis
Glass of the Pacific States Telephone and
Telegraph company on the lnulctment
charging him with the bribery of Super
visor Thomas F. Lonergan. The objec-
ton was based on lack of Jurisdiction
Judge Lawlor set the hearing for ar
gument at 10 o'clock Monday morning.
In Judge Graham's department of the
superior court the defense was granted
a continuance until next Wednesday In
the matter of the amendment of the
court minutes with respect to the i'm
parchment of the Oliver grand jury. Up
on the determination of this amendment
rests in part the disposition to be made
in Judge Lawlor's department of mo-
tion to set aside indictments against Of
ficials of the telephone company, the
United Railroads and the gas company.
e$e