Arizona republican., 1907-06-26

 HA!R-HUN6
lR the San Francisco Graft
 Cases
A Contention by Defense Which Seems Likely to t,c Effective.

San Francisco. June 95.-All the <a- rious grounds urged by the defense in support of the motion ta set aside ti-- bribery indictments against Vicv Pres ident Louis Glass. og the Pacific T-l,-- phone company and the other big COZ poration officials werc retired to posi- tiOnS of comparative inSignifTance this afternoon. by the importance of a new contention presented and argu.-i by MT. Glass attorneys. p-lpn M Dclmas and T. ''. Co1eau- if their contention is upheld by Judge L.aws1r. who has taken iJ under adViS-n~ut. all but minor handful "f indictments thus far returned by the Oliver grand jury will be s-t aside as null and Void and all the late work of the bribery graft prosecution will haV. Ia .h.. done over again.
 Briefly stated. the charS- brought by Delmas and Coogan which bs formal understanding is for the bon eft of all the other defndants. as well as Abraham Ruef. Mayor SchmIrz Theodore V. Halsey. Patrick Calhoun. Thurnwell Mullaiiy. Tire, l.. Ford IL -A V n. weller. Eugene De Sabla. Juan Martin Frank q. Drum. c. H Cmbsen and Joseph F. Green. is this All acts p-r- formed by the present grand jury siu,,- date early iu January of this year. are invaiid. because the present grand jury ceased lawfully to exist when th- new grand jury list for Isp. vas certi- fled by the county judges sn the dat referred to.
 The constitution. the l,w and th- supreme court decisions as presented to the court by NIT. DelmaS and MT Coogan. provide and declare that th. grand jury shall be selected at least once a year. and that it shall sery, until the next grand jury list Is rlade ID by the county judges and returned [" the county clerk. that tt~reupon th-- existing grand jury shall expire and it's place shall b. taken by usx bnslr chosen from the newly prepared list.
 The urdis2uted facts are these Early in Januars the grand jury HS, for 1907 duly certified by twelve judge was returned by the county cl=rk. but the oliver grand jury. being in the midst of it's bribery graft investigation fteA7 A1''A AA-tA NN -f.sAa tAA-a AlaaA r7sA stead. it was continued in existence under the belief of MesSrS. LalgJea and Hene,-. that having b.--u selected in the fall of 1906. it could .ezaly -Ni~t for twelve month. or until the fsII 70 1$01- The grand iury list for Isei. was allowed Jp lie dormant and th. Oliver grand ju-, prlce~ded s3 return scores of indictments against th- -s.~a named, in the months of April s..l uas- just -'assed.
 Judge LaWlor. in Commeutir< Es-ssi the merits oC the defenSe'S csaI~uss-sa said: The question for the court Co. determine k one of fifiSdictiel. whether the returning of the grand i.l- rN list for 1907 operated as ga legal ter imitation of the life cf the grand iury. which found these indictments. OF whether the mere act of the flin., of the indictments with the court gave the court jurisdiction Co proceed in the course laid down by the !egislatur,- to try the deft ndants Gf courS. if the grand jury has no existence in law. it's acts have no validity. and th-- Indictments must be set aSi.ie The court will welcome any further lignt that counsel may be able to aff,rd~
 The hearing will be continued until tomorrow