Los Angeles herald., 1907-04-14
GRAVE CHARGES
ARE WITHDRAWN
SAN FRANCISCO EDITOR TO
BIDE HIS TIME
Examiner Employe VIII Be Called
Upon to Explain Actions Before
the Grand Jury at Some
Future Date
BY Associated Press.


SAN FRANCISCO, April 19.-Re-
spondent to a letter from Fremont
Older, managing editor of the Bulletin,
withdrawing the charges brought by
| him, the grand jury today voted no
true bill against John p. Barrett, news
editor of the Examiner and formally
dropped the investigation growing out
of the alleged confession of Eddie
Graney that at cost of $500 Barrett
had hired him and James Coffroth to
cause wholesale ballot box stuffing in
the primaries Of August, 1904
Mr.. Older in his letter to the grand
jury stated that he withdrew his
charges because their pursual at this
time might hinder and hamper the
Ruef-Schmitz and corporation prosecu-
tions.
Asked whether today's action by the
grand jury precluded that body from
taking up the Barrett investigation at
later time, Assistant District Attor-
ney Heney replied:
There is no law to that effect
| The grand jury was in session one
hour today and no testimony was TAX
en-. Only two witnesses were in the
anteroom, A. B. Cass, president of the
Home Telephone company of Los An
geles, and Fred Hilbert, the latter of
whom is under subpoena in connection
| With cIdTSeS OIL petty BTdIllIlS Dy May
or Schmitz. Neither was called.
Cass stated to Heney that If placed
upon the stand he would, in obedience
to the advice of his counsel, George A
knight, refuse to answer any questions
on the ground he might incriminate
himself.
Heney's Statement
In this connection Heney said after
adjournment:
"Mr. Knight is quoted in the press as
saying that he advised Cass, Terrence
and Adams to refuse to give any fur
ther testimony before the grand jury
because of published official state
ment that the grand jury had decided
to indict them anyhow Mr.. Knight
has been misinformed. No such official
statement has been given out. It would
be quite ridiculous for the prosecution
to presume to say what the grand jury
will or will not do in the matter of re-
turning true bills.
1.-THE situation is simply this: Under
the statutes of California it is the
duty of the grand jury to extend to an
accused person the right to be heard
in his own behalf when witnesses have
given evidence against him which is
capable Of explanation To illustrate:
Gives Two Illustrations
"If witnesses testified before the
grand jury that they saw John Jones
shoot a man to death, that evidence
would not be 'explainable,' and it would
| be improper to summon Jones. An in
dictment would be returned and Jones
would in due time defend himself in
court.
"But if witnesses testified that short
ly before the murder they saw Jones
in company with the deceased in the
vicinity where the dead body was
found, that evidence would be explain
able and 1t would be the duty of the
grand jury to summon Jones and give
him the privilege of explaining If he
| could.
THAT is all the grand jury has done
in the cases of Cass, Terrence and Ad-
ams-given them a chance to explain
IF they feel that they cannot explain
without discriminating themselves they
undoubtedly know best"
Cass, Terrence and Adams already
have testified before the inquisitorial
body regarding the raising of large
funds by the Empire Construction COM
panys stockholders, who besides them
selves, were Detweiler and Phillips. But
their testimony stopped before a sworn
statement as to how this money had
been disbursed. Detweiler is now under
thirteen indictments charging him with
bribing thirteen supervisors in the sun
OF $4,000 each to award to the Home
Telephone company a franchise COM
petitive to that held by the Pacific
States Telephone company. He is a
fugitive from Justice and If arrested
must furnish bonds in the sum of $780,
600 or go to jail.
The grand jury adjourned until Tues.
day.