Los Angeles herald., 1908-09-17
HORNING NEARS
STATES PRISON
SUTHERLAND'S "PAL" is HELD
FOR TRIAL
In Secret Hearing Young Man Is
Bound Over on the Charge of
Assault with Intent to
Murder

After session held behind closed
doors ana lasting several hours, the
preliminary examination of Frederick
Horning, companion of Carl Suther-
land, slayer of Police Captain Walter
Auble was brought to a close shortly
after o'clock yesterday afternoon and
the defendant awas held to answer In
the superior court to a charge of as
sault to commit murder. He was un-
able to furnish bonds in the sum of
$4,000 and was taken back to jail
A preliminary examination behind
closed doors Is unusual. Although the
defendant is entitled, under paragraph
S6S of the penal code, to have all wit
nesses and spectators excluded from
the court room during the hearing, 1t
Is seldom the right Is asked. This para
graph or section of the code Is not
within the knowledge of the average
layman and for person like Horning,
who declares he was never before on
trial, to be familiar with this paricu-
lar section is thought to be peculiar.
Confession Made
Although Deputy District Attorney
G. w. Pearson stated Tuesday after
noon, after he had been closeted with
Horning and several detectives for sey-
eral hours, during which time Horning
is said to have made full confession
of the circumstances of the shooting
of Caesar Vervoort, who was shot and
badly wounded in the left shoulder
while passing along dark alleyway
shortly before midnight December 49,
1906. that he would not issue a COM
plaint against Horning charging him
with assault with intent to kill, be-
cause of the lack of evidence, the COM
plant was issued yesterday morning
and the defendant was arraigned be-
Go. Tue u, hnr
In his confession, alleged to have
been made Tuesday afternoon. Horning
told of the shooting of Vervoort AMI
said Sutherland fired the shot that
struck Vervoot just above the heart,
explaining that they mistook him for
a Japanese for whom they were wait
ing.
When he appeared in court yesterday
morning Horning asked for an early
hearing, and his preliminary examina-
tion was set for yesterday afternoon.
Asks That Room Be Cleared
Shortly before the time for which his
trial was set Horning was taken. into
the office occupied by Deputy Pearson,
where he remained until his case was
called. When the prisoner entered the
court room and the charge against him
had been read he arose from his seat
in the prisoners dock and stated to the
court that he had q request to make
before the trial proceeded further. He
was given permission and then stated
that he desired the room to be cleared
of spectators and witnesses. The JUS
tice looked up the section covering this
point and then granted the request.
and the room was cleared.
Many opinions were advanced as to
where Horning secured his knowledge
of criminal procedure and his motive
for asking for the exclusion Of all but
scarcely more than half a dozen per-
sons from the room. 1t is understood
one of the officers detailed on the case
said Horning was in fear of being as
sassinated by some former "paPt who
was afraid the defendant would make
discriminating statements, but this Idea
has been secuted by other detectives,
who say that they have been unable
to connect anyone in this city with any
of Horning's alleged attempts at crime.
Deputy Pearson stated he was as
much surprised as anyone when the re-
quest was made by the defendant, and
says Horning is a cunning criminal
and probably has good knowledge
of criminal procedure.
The first witness In the examination