Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-14
INDICTMENTS
ARE UPHELD
GRAND JURORS QUESTIONED AT
EXAMINATION
DATES SET FOR HEARINGS OF
OCEAN PARK MEN
Efforts of Lawyer to Have Charges
Withdrawn Are Unsuccessful.
Deputy District Attorney
Gives Testimony

Twenty-one men, indicted by the
grand jury on charges of illegal regis
tration in tho diSincorporation election
at Ocean Park September 80, appeared
in Judge Conrey's department of the
superior court yesterday to listen to ar
guments on motions to set aside the
indictments and to plead innocence or
guilt should the motion be overruled.
The grand jurors were also present
to answer questions concerning points
raised in the contention of the counsel
for the indicted men, but after four
members of the body were examined
all were excused, nothing having been
brought out that would apparently aid
the defense.
Two deputy district attorneys were
also placed on the stand to give tes-
timony concerning their conduct of the
investigation before the grand jury
and to explain the taking of notes COW
ering the proceedings.
Edwin A. Meserve, one of the counsel
for the indicted men, conducted their
side of the case, while G.. Ray Horton
and Hartley Shaw, deputy district at
torneys, appeared on behalf of the dis
trict attorneys office
Claims indictments Illegal
Attorney Meserve moved to set aside
the indictments on seven grounds,
namely that they were not Endorsed by
the penal code; that names of certain
witnesses were not entered on the in
dictments; that persons other than
those who should be were present dur
ing the proceedings; that there existed
prejudice in the minds of the Jurors
that the indictments are subscribed to
by person not deputy district at
torney; that this person was present
to take notice of the proceedings for
the purpose of aiding the district at
torney in his prosecution of the cases,
and that the grand jury was not sworn
in according to law.
G. Ray Horton was called to the
stand and said he had taken notes of
the proceedings for his own use; that
they did not cover all the testimony of
witnesses and that they were at the
command of the district attorney.
Meserve insisted the notes be brought
into court, but an objection to this was
sustained. Horton said he had ex-
amined a number OF witnesses, but had
not discussed the charges with jurors
outside the jury room.
Hartley Shaw. chief deputy district
attorney said he had possession of the
notes taken by Horton, and they did not
He said that at the time he SUBJ
mitted the charges to the jury he might
have mentioned the names Of some of
the defendants, but did not remember
doing so.
No Names Mentioned
I. B. Newton, foreman of the jury,
| said no names had been mentioned to
| him at the time the charges were
| made, and that he had formed nc
opinion concerning the guilt or inno-
cence of the indicted men. A. H. Con-
ger, secretary of the grand jury, and
Jurors Lowe and Blinn made substan-
| TALLY the same statement.
Meserve contended in his argument
that the county government act in
specifying ten deputies also should be
construed as to the number of deputies
the diStritc attorney could appoint.
Horton was appointed in May last
and was the twelfth on the list, Percy
Harmon being the eleventh, and it was
agreed these two were not legally ap-
pointed.
It was also contended the certifi-
Gates of appointment must be filed in
the office of the county clerk, accord
ing to law, and that appointees could
not act until this provision is COM
piled with.
Horizons certificate was filed in the
board of supervisors room, but it is
claimed by the district attorneys office
that this action was regular as county
clerks are ex officio clerks of that
board.
Following the arguments the court
overruled the motions to set aside, and
each of the indicted men in turn pleaded
rot guilty and the dates for their trials
were SET as follows.
Dates Are Set
bennett Childs, two indictments, Feb
ruary II and March IL; David ]. Lewis.
February IS; Thomas F. Thompson,
February 10; Clarence e. Daniels, Feb
ruary 20; Bernard Trieweiler. February
81; William Wagner February "a;
Thomas G. Roberts, February 25; Frank
Case, February &c; Thomas Mac
Namara, February 81; A. w. Glaze.
February 2S; Charles Kimball March
2; Thomas P. Roberts. March g. Harry
A. Thelan, March A; David W. Row.
land, March s.; John A. Ramsay, March
6: Jeremiah T. Coghlan. March 8; Gus
Reuder March 10; William F. Winter
March 70; Edward r. Mier, March 10,
George Edward Maggie, March II; Fred
Lattimer, March 16.