Los Angeles herald., 1907-10-17
SUMlNEREIELD NOT TO
ACT IN OLDER CASE
*s@**.sa**&*sss'

| (COnttnued from rage One.D
her she said; II will be here sooner thar
you think"
Fred Magill and his wife will go on the
stand in their defense tomorrow
| Fremont Older, accompanied by Attor
neys Eustace Cullinan and Theodore
Roche of San Francisco, arrived in sLo.
| Angeles yesterday
Hosts of friends fiocked to the Var
Nuys hotel yesterday afternoon to vel
come the editor of the San francisco
Bulletin and congratulate him on hi.
work of aiding Francis ]. Heney In his
attack on San Francisco from municipa
corruption.
Suit was filed yesterday in San Fran.
cisco by Fremont Older charging Luther
G. Brown, G. A. Wyman and Ben Cohr
with false arrest and imprisonment. He
demands damages to the amount Of
500. $50.
Suit from kidnapping
This suit grows out of the alleged kids
naping of Older when the attempt was
made to bring him south for trial. Con-
stable Cochran went north for the pur-
pose of serving warrant on Older in
connection with the suit brought against
nal libel in the San Francisco Bulletin.
Older was placed In an Automobile and
taken to Redwood City.
Luther Brown was in another automo-
bile directing operations" said Mr. Older
last night. I'VE have a clear cut case of
false Imprisonment"
will you request a postponement of
the case?" was asked of Mr. Older.
Il think there is no use for us to ask
10. NJ
I'VE are here to see what is wanted of
us and meet the charges. Mr., Crothers
will arrive tomorrow at 10 o'clock. We
are a little handicapped in not knowing
who the witnesses for the other side will
be and not being able to have our wit
nesses subpoenaed. Subpoenaes for the
other side were issued promptly, but
when we wanted our witnesses subpoe-
naed the judge was away on a hunting
trip and did not get back until after Of
flee hours"
Hunsaker !. Britt represent Mr.. Older
in this city. They were of the opinion
that hearing in the case could not be
started today as the witnesses could not
be secured. The district attorneys office
is opposed to granting a postponement of
the case again. Judge Summerfield said
yesterday afternoon that he had no de-
sire to work any hardship or injustice
on either side and would give the de-
fense more ,.me If they could show good
reason why they need more time.
Since the original complaint was filed
by Luther Brown the case has been
fraught with sensations. The trip of
Constable Ben Cohn to San Francisco
was a surprise to every one. Then came
the succeeding trips of Cohn, one to be
witness before the grand jury in San
Francisco and another to serve summons
on Older. Constable Cochran, who ac-
companied Cohn on his first trip, became
dsgusted with the proposition and an
nounced his determination to drop the
whole affair. Cohn shouldered all the re-
sponsibility. relieving Cochran of any
completely in the affair. AS final SEN
sation has come the filing of the suit
of Older against the alleged kidnapers.
The San Francisco editor is strong
adherent of the cause championed by
Francis j. Heney in San Francisco He
has persistently and openly attacked the
Southern Pacific interests.
Horton Discusses Action
Assistant District Attorney G. Ray
Horton, who is in charge of the prosecu-
ton, was informed by The Herald late
last night of the action taken by the San
Francisco court.
Mr.. Horton said the writ of prohibition
is regular, that the jurisdiction of the
superior court in the case cannot be
questioned, and that he presumes the
hearing will be delayed until after the
final decision rendered in San Francisco
on November /.
Mr. Horton said the defendant, FREE
mont Older. must appear before Justice
Summerfield this morning as scheduled,
but that IN all probability the hearing
would not proceed. He had heard Moth
ing of the issuance of the writ of pro-
hibition until informed by The Herald
that such action had been taken.