The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-07-03
HALSEYs CASE
IS SUBMITTED
FOR DECISION
Attorneys Close Their Argu-
ments in Motion to
Dismiss
ATTACK INDICTMENTS
Charge That Inquisitorial
Body Was Not Legally
Drawn
JUDGE DUMMIES REPLY
Says if Contention Is True
Previous Juries Have
Been Illegal
JUDGE DUMMIES REPLY

If the Oliver grand jury was lille
gally drawn. then all grand juries
drawn in San Francisco in the last fifty
years were Illegal" suggested Superior
Judge Dunno yesterday morning dur
ing an argument of attorneys for Theo-
dore V. Halsey on motion to set aside
II indictments charging the outside
agent of the Pacific States telephone
and telegraph company with bribery of
supervisors.
Halsey was represented in court by
Bert Schlesinger and William Penn
Humphreys and the state BY Hiram
w. Johnson and Charles w. Cobb.
The arguments on Halsey's motion to
set aside. strike froM the files and
quash the indictments were completed.
and while the defendants counsel has
the privilege of submitting further legal
authorities Judge Dunno took the mat
ter under advisement until Friday
morning. when a decision will prob
ably be rendered.
The arguments presented in making
the attack on the validity OF the in
dfotp,aptS rvara s;,,f1ar - %ho~< - = :.
by Henry Ach and Sam Shortridge for
Ruef and D. NJ. Delmas and T. ".
Coogan for Louis Glass and by the
attorneys for the United Railroads Of
ficials under Indictment
SAYS EVIDENCE is INSUFFICIENT
In opening his remarks Schlesinger
introduced as evidence the first vol
ume OF the transcript of testimony
taken before the grand jury at the in
vestigation into Halsey's culpability.
He contended that the legal evidence
was not sufficient to warrant indict-
ment; that the grand jury heard in
competent evidence and was guided by
it and that Grand Juror F. A. Dwyer
was excused from the jury room with
out permission of the Judge of the su-
perior court.
question OF the sufficiency of evidence
was not material ground for attack
ing the validity of the indictments. He
cited the supreme court decision in the
case of yellow Kennedy, the hold
up man accused of the killing of Po-
liceman Robinson in Sixteenth street
In which the court ruled that the va
lidity of an indictment could not be
attacked on grounds of insufficiency Of
evidence, and that the Indictment it,
self was the only record of the 1ury.s
act and the transcript of testimony was
immaterial.
Johnson stated that Dwyer had been
excused from the jury room in accord
ance with stipulation entered into by
the presiding Judge of the court pre-
viously.
Attorney Cobb followed johnson.
maintaining the point that the tram.
script was incompetent evidence and
was supplied the defendant merely to
aid him in preparing his case
EXCEEDS POWER of CAR
schlesinger reiterated his argument
that the indictments should be set aside
on the grounds of insufHciency of evil
dence. Then he attacked the idea Of
grand juries. mo institution on earth
has such arbitrary power as grand
jury" he declared with warmth. "Its
powers exceed those of the czar.n
schlesinger, continuing. insisted that
the record showed no confederation of
the statements of the alleged accom-
plices in the bribery. Then he tacitly
admitted the guilt Of the supervisors
in some cases, though doubtless reserv-.
ing the point of innocence in the tele
phone graft. by saying. This doctrine
must be applied to the records at bar.
for the testimony shows that the Wit
nesses have been guilty of many Of
fenses against the state. and yet your