Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-25
CHHDS JURY
IS UNABLE
TO AGREE
DISCUSS CASE FOR SEVEN
HOURS
ATTORNEYS ARRAIeNEp ON Sc
RIoUs CHARGES
Men Who Are Said to Have Used
Grand Jury Subpoenas to Call
Witnesses Appear Before
Judge conrey

After being out seven hours yester-
day the jury in the trial of bennett
Childs, charged with Illegal registra-
tion in connection with the Ocean Park
disincorporation election, reported to
Judge Conrey of the superior court
that they were unable to agree on
verdict
They were ordered back to the jury
room to discuss the case another half
hour. but at the end of that time again
reported their inability to decide, and
were discharged. The time for the re-
trial of Childs will be set at 10 o'clock
this morning.
The trial of David J. Lewis, also
charged with illegal registration, will
begin today. Attorneys for the men
charged with this offense yesterday
fled motions asking the court to set
aside the indictments in the cases of
Lewis, Thomas F. Thompson, Clarence
b. Daniels, William Wagner, Thomas
]. Roberts, jr.. Frank Case, Thomas
Mack and Asbury w. Glaze.
The motions are based on similar
grounds contained in the motion filed
in Childs' case, and after listening to
practically the same arguments they
were denied by the court.
Immediately after the case against
Childs had been given to the jury the
contempt case against Hartley Shaw,
chief deputy district attorney, and G.
Ray Horton, deputy district attorney,
charged with contempt of court in hav-
ing Illegally issued grand jury sub
poenas when that body was not IN ses-
sion, was taken up.
Interrogated BY Officers
The charge is based on the affidavit
of Childs, in which he says Mrs. Bessie
Blum was ordered to appear before the
grand jury, but when she reached the
court house was interrogated by Hor-
ton and Shaw in one of their offices.
District Attorney Frredericks ap-
peared for his deputies.
1--WE have prepared demurrers in this
case, and it has been the practice TO
have the district attorney represent the
people in contempt cases. This is
criminal proceeding, and therefore we
are placed in the position of prosecut-
ing ourselves. The law, however, pro-
vides that where the district attorney
is disqualified the attorney general
shall be notified and appoint an attor-
ney to conduct the prosecution"
Attorney Z. A. Meserve, one of the
originators of the contempt proceed
ings, suggested that the court appoint
G. w Britt of the firm of Hunsaker
and Britt and chairman of the griev-
ance committee of the Los Angeles Bar
association.
Continues Case
Fredericks said this would be salts
factory to him, but Judge Conrey con-
tinued the matter to 10 o'clock Thurs
day, pending which time an attorney
to represent the affiant will be chosen.
In their demurrer to the contempt
proceedings, Shaw and Horton, it is
stated, will deny practically all the
allegations in the affidavit of Childs
If a grand jury subpoena had been is
sued for Mrs. Blum by them while the
grand jury was not in session, they
say 1t must have been issued through
inadvertence. They say they have no
recollection of issuing any such sub
poena.
A large number of subpoenas, they
say, have been signed by them, not
only for witnesses to appear before the
grand jury, but in a number of crimi-
nal cases, and a mistake could easily
have occurred. as the two forms OF
subpoena can be distinguished only af-
ter the closest study.