Los Angeles herald., 1908-10-29
WOOLWINE AT
LAST EXAMINED
BY GRAND JURY
WILL REMAIN IN TOWN TO
AWAIT RESULTS
ONLY FIVE OTHER WITNESSES
CALLED DURING SESSION
Mayor Refuses to Make Deposition in
His Suit for Libel and Judge
James Issues Two
Orders

Orders
District Attorney Fredericks failed to
call Thomas Lee Woolwine, former city
prosecutor, as q witness before the
grand jury at the time stated IN the
subpoena issued Immediately after
Judge James order had been made. In
some minds, accordingly, doubt has
arisen as to whether the district attor-
ney really wanted to hear what his
former deputy had to say.
WoolWine was a witness for two ana
| a half hours yesterday, his testimony
occupying the entire afternoon session.
He himself, 1t is said, insisted that ne
should be summoned. When he lett
the Jury room it was stated that he
might not be recalled.
Notwithstanding this. Woolwine, who
had planned to so out of town on a
business trip, has made up his mind TO
remain in Los Angeles and be in readi-
ness to respond to summons at any
| time. This step was taken in order
| that no criticism could be made against
| him should the present investigator
result in nothing more than the exam
nation of witnesses.
What Woolwine had to tell the jury
| Is not known, as he adhered strictly TO
his promise OF secrecy.
Five other witnesses were examined
by the jury in the forenoon These
were John c. Edwards, former proprl-
etor of the Bismarck cafe, whose IL
cense was taken from him for some
reason unknown TO him, he says; La
nier Bartlett, a broker; George Mont
gomery, director of the Los Angeles
Utah Oil company, a circumstance, he
says, of which he had no knowledge
until recently; Alfred Trident, a de-
tective, known to have worked for
Woolwine, and e. A. Clampftt city
councilman and director of the oil COM
pany.
Many Not Called
Outside the jury room door twenty
others sat throughout the day. Among
them were a number of policemen, sup
posed to know something about cond1-
lions in the redlight district. Nine
women were also occupants of the UNI
comfortable hall seats. They could
give no reason for their presence ex-
eept that they had been subpoenaed.
This fact did not in the least add to
their feelings of patience.
Somebody must know" said one OF
the women, that all of US cannot be
examined this afternoon, and l cannot
understand why we should be COM
PEELED to stay here" Nevertheless all
those in waiting were told to report
again Friday.
Mayor A. c. Harper for the second
time refused to make a deposition yes
terday in his suit for libel against the
Express and Edwin r. Earl, its pub
Usher. Following this refusal Attorney
Earl Rogers, representing the evening
paper, and Mr.. Earl secured an order
from Judge James citing the mayor TO
appear before Judge Bordwell at 10
o'clock and show cause why he should
not make the deposition.
The grounds on which the mayor en-
| tered his refusal were that the notary
had no jurisdiction; that, in libel
case, the plaintiffs deposition cannot
be taken against his objection or or
dered until after the answer has been
put in; that he objected to giving his
testimony except before a jury; that
the article sued upon was libelous, and
where that is the case the party who
puts into circulation such libel should
be prepared to justify, and the courts
will not give such defendant the in
spection of documentary or other evil
dence in the possession of the plaintiff
In order to enable him to prepare a
plea in justification, and, Furthermore,
that a number of persons in the room
should be required to leave. These per-
sons included a number of newspaper
men and stenographers.
Further Objection Urged
Mayor Harper also objected on the
ground that he had been subpoenaed
before the grand jury, and that the
taking of his testimony would be an
attempt to extract from him testimony
to which the grand jury was first enti-
tied.
Attorney Rogers, replying to other
objections made by Mr.. Gage on be-
half of the mayor. said:
I'VE are, under the law, permitted
not only to take his deposition for the
purpose of informing ourselves but for
the purpose of securing testimony from
him which we shall use on our own
behalf. The fact that he is party
does not preclude his becoming wit
ness on behalf of the defendants. His
testimony may entirely negative his
complaint. He becomes our witness.
His testimony is taken in our behalf"
Regarding the statement of the
mayors attorneys that their client was
witness before the grand jury and
could not, therefore, testify, MIR. Rog-
ers said there was no intention to in
terfere with the proceedings of the
jury. "This is a civil action" he said,
land, so far as we are concerned, we
are defending the defendants, and have
no reference to or through Of any pro-
ceedings upon the grand jury"
Refuses to Be Sworn
After a short consultation, Mr.. Gage
announced that the mayor had been
advised to decline to be sworn or tes-
tify unless the grounds made for the
objections should be approved by the
notary.
The mayor refused to be sworn and
the gathering dispersed. The notary
prepared a report of all that had taken
place, and, with this in his pocket, At
torney Rogers went at once to the
court house. where he secured the fol-
lowing order signed by Judge James:
Upon reading the report, return and
certificate of Arthur 70. Bagley, no.
tary public In and for Los Angeles
county, California, this day filed here
in, and upon being advised in the
premises, and good cause therefor APP
pearing, it is. hereby ordered that on
the 30th day of October, 1908, Arthur
C. Harper, the plaintiff in the above
entitled action, do appear before our
G perior court in the court room of
department nine thereof at the hour of
10 o'clock a. M, then and there to show
cause, If any he has, why he should
not be ordered by this court to be
sworn as a witness herein upon the
taking of the deposition referred to in
the order and notice attached to said
return, report and certificate before
said Bagley such notary public, in ac-
cordance with the notice, affidavit and
order heretofore given herein in that
behalf
at is further ordered that there shall
be sarved with a copy of this order to
show cause copy of the report, re-
turn and certificate of the said notary"