The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-10-30

! he had the $4,000? Ale had the
Odd he tell you that the $4,000
would be paid to you on the day on
! which you were sentenced? Ayes,
| 1t was at my order.
Odd he say that your wife was
TO get 800 a month during the time
Yes.
Mr.. Langdon-There are other facts
and circumstances, If your honor please,
along this line, but 1 think they are
more matter of detail. / think that
the facts and circumstances stated by
this witness are sufficient at this time
10 warrant the district attorney ask
Ing this court to permit the imposition
OF sentence upon this defendant to go
over to later date. l want TO ask
the defendant another question:
WITNESS FOR STATE
Q.-You expect to be a witness for
the' state in the matters that are now
pending against Murphy and Newburgh.
mand.
Q.-You are ready and willing TO tes-
tiry, as you are testifying here, to
the truth and facts in the case so far
Is more of them. have only given
Mr.. Langdon-I understand that.
Mr. Sullivan. Q--Had you ever met
No. sir. ~
Q.-When you called there. did you
express Willingness and a determina-
ton to state fully the facts connect
ing you with the crime for which you
were convicted? Al told YOU that
was what | was there for.
Did l eoerce. you. or urge you
to make any confession, or did YOU
voluntarily make the statement to me?
A.-Entirely voluntary
Q--And while you were making the
statement you and were alone? A
ON my private office? A.-Yes.
| only selected you from your reputa-
ton had never met you.
Q-You never met me before you
came voluntarily to my office. and you
made the. statement freely and volun-
tarfly without any coercion or any
urging on my part? Al told you
what l wanted to do. and you said you
would give me an interview.
NO IMMUNITY OFFERED
Q..Did or anybody promise you
any immunity if you would make a
statement? A.-None whatever
- Or any promise of leniency? A.
Mr.. Langdon. Q.=Have you talked
with the district attorney Mr.. Langdon
since the day you were convicted? A.
Never have met him.
Mr.. Sullivan-In view of the gravity
of this witness testimony l think your
honor ought to postpone sentence for
short time. l join in the request Of
the district attorney TO have your honor
make an order deferring sentence.
Mr.. Langdon-I want to add to that
II your honor please. that we desire
TO have this witness kept free from
interference and annoyance by certain
persons who have. we believe, been
trying to influence and get in touch
with certain other witnesses who are
TO testify in the case of Murphy and
Newburgh. 1t is apparent that it is
very difficult to have a fair and honest
administration of justice if offers of
this kind are made to witnesses. There
are other efforts being made to in
fiuence other witnesses in this case at
this present time, and l would respect
fully ask that the sheriff's office, in
which have every confidence, and
which has always done its duty so far
as the administration of Justice is con-
cerned during this administration be
requested or instructed not to allow
this witness to be interviewed or an
himself sends out request for such
person.
SENTENCE POSTPONED
The Court-The crime for which this
defendant is convicted, in my opinion
is one of the most serious known to the
law. l have always believed, and do
now. and always shall believe, that
after conviction of crime the pun
ishment should be speedy. certain and
severe. l mean by severe that onlv a
will satisfy and vindieate the law I
believe it now. and I know 1 always
will believe it, that that is the only
course that court should pursue
However, 1 think that the develop
ments of the session today, and all that
has transpired, warrant my acqufes-
cenee in and acceding to the district
attorneys request. 1 think that the
ends of justice demand that a continu-
ance should be had. and all l want IN
derstood is. that nothing that has hap
pened will be understood as changing
my views as to the punishment which
should follow conviction of the Of
Tense charged here. If that is under
stood, and it is understood. also. that
this defendant appreciates that no prom
Use OF any kind can be made here which
viii in any manner bind this court: if
that is understood now il will probably
assist in clearing up the situation here
after. / will order the matter of i'm
posing Judgment continued for two
weeks.
Mr.. Lindsay-May / say one word 10
the court at this time?
The Court don't know. Mr. Lind
say: l think perhaps enough has been
Mr.. Lindsay merely wish to thank
your honor for the courtesy YOU have
extended to me during this trial
Mr.. Sullivan will state that the
defendant in the statement which he
made to me did not reflect upon the
character or conduct of either Mr. Lind
say or Mr.. Schooler
The Court am quite sure of that
The matter will be continued until No
vember IL.