Los Angeles herald., 1908-10-31
FRAUD CHARGES
MADE PART OF
BOND RECORD
JUDGE REFUSES TO STRIKE
OUT AFFIDAVIT
TAXPAYERS ATTORNEYS GAIN
BIG VICTORY
lawyers for "soIid Three" Call State
ments in Injunction Suit Scam
dalous and MallolousIy
False

Another victory was gained by the
attorneys representing taxpayers OF
Los Angeles county yesterday when
Judge Bordweu refused to grant mo-
tion on behalf of the solid three of the
board of supervisors and others to
strike out SO per cent of the contents
of affidavits introduced by former
Judge John d. Works and Attorney
Willard c. Lyons, representing VIII
liam Lindsay, Eugene Germain and
others in the injunction suits to re-
strain any further proceeding with the
sale of the good roads bonds or the
carrying out of the awarded contract
TO the w. p. Jeffries company for the
furnishing of the bonds.
Oscar Lawler, Edwin A. Meserve ana
others of the seven attorneys repre-
senting Supervisors Patterson, Wilson
and Eldridge, Jeffries and others,
strenuously opposed the reading of the
affidavits of bankers and business men,
with their strongly expressed views, on
the private sale of September 8, the
! award to Jeffries and the latest action
of the supervisorial board in arranging
for the bond sale. But the affidavits
we're read, and in their entirety, with
their allegations of conspiracy and
fraud were made part of the records
in the case.
Demands Investigation
Judge Bordwell also refused to pro-
ceed with the hearing without the
most thorough investigation, even
though by doing so the sale of the
bonds would be- delayed. In response
to a statement by Attorney Lawler
that everything should be done to ex-
pedite matters in order that bids ex-
pected to be received Monday might be
acted upon, the court said:
"It is clearly of no advantage to any
body to have the least suppression N
L. nnf M r4af
me why the date for accepting the BIDS
cannot be extended.
The reading of all the affidavits so
far fled in the case was finished yes
terday. Among them were those of Z.
j. Beveridge, Harry Barndollar. +. w.
Blanchard. VIM. Mulholland, Thomas
Farley, ]. NJ Schneider and H. II. Hub
bard of the advisory committee; j. ii.
c. Wright a property owner of Holly
wood: ]. A. Graves, vice president OF
the Farmers and Merchants National
bank; ]. F. Sartori, president of the
Security Savings bank; ]. e. Jardine,
vice president of the William r. Staats
company, bond dealers; w. J. Small,
agent of the N w. Harris company
Mr.. Parker, representing N. w. Halsey
q Co.; W. r. Bartlett. president of the
German-American Savings bank; Su-
pervisor Alexander and others.
Action Is Condemned
Statements in these affidavits con-
demned the action of the board of Su-
pervisors in the matter of the private
sale. expressed the opinion that bet
ter price could be secured than could be
hoped for as a result OF the recent ad-
vertisement and that the bonds could
be furnished at a much smaller price
than that agreed upon in the award to
the Jeffries company.
''Eighty-five per cent of the material
in these affidavits is scandalous and
impertinent, and should be stricken
out as immaterial," said Oscar Lawler
some of the affidavits are so grossly
scandalous that we should not be called
on to answer them"
And the whole affidaVits should go
out If the bulk of them goes OUT SAID
Meserve. .'Some of them contain state
ments which are maliciously false"
I'VE were not the first to use the
words 'maliciously false, remarked
Judge Works quietly.
Judge Bordwel overruled the motion
to strike out any part of the affidavits,
and the taking of oral testimony was
begun the first witness being j. e.
Drake, president of the Los Angeles
Trust company. Mr.. Drake was hand
ed a copy of the affidavit made by j..
r. Martin, who negotiated the private
sale on behalf of the trust company
and j. II. Adams e. 90. The witness
was questioned on each paragraph of
the affidavit. More than the two COM
panies named, he said, were interested
in the sale of September 8.
did Mr. Martin represent eastern
people also?" Judge Works asked.
Yes" was the reply. H
Mr. Drake said he did not know
whether any other person aided Martin
in bringing about the private sale, and
that he himself did not arrange Sc