The San Francisco call., 1908-08-29
TREADWElL TRIAL
GOES BEFORE JURY
Defense Attempts to Make Bart
nett and Brown Real Grimm
ais in Pawning Securities
Tries to Show That Defendant
Was Implicated Through
a Lie

With the testimony of ]. Dalzell
Brown the case of the state in the
Treadwell perjury trial went before
the jury yesterday afternoon. Cen
tering its attack in an attempt to show
that Brown He'd when he implicated
their client in the conspiracy to pawn
the Cotton securities the defense will
begin three days fight this morning.
The trend of their evidence will be to
show that Bartnett and Brown were
the real criminals and that Brown
fooled the district attorneys office into
dealing leniently with him.
Brown was on the rack all the after
noon, with Attorney Dozier question
ing in voice somewhat hoarse from
convention forensics. The attorney for
the defense went over the history of
the Cotton bonds from the time that
Walter Bartnett wired from the east
that he thought he could get them in
the banks clutches when Mrs. Cotton
should die, to the time of the Griffith
loan in 1897, long after the transaction
concerning which the state contends
that Treadwell lied in the grand jury
room. And then suddenly the lawyer
switched his line to immunity. Closing
ne went into the notorious San Quen-
tin interview, where Brown, ordered to
the yard captains office, talked with
himself and Byington.
CLASH OVER PRISON INTERVIEW
There was little attempt in the cross
examination to show discrepancy.
Skillfully the questioner brought out
statements by which he would have the
states main Witness tell the jury that
Treadwell was his tool. And it was
tried by gentle methods. One entering
the courtroom for the first time might
have thought Brown was Dozier's wit
ness. Only in the San Quentin inter
view did the convict banker and the
attorney clash. Then, after he had
hung his head for a brief interval and
had spoken so low that it was hard
for those within the bar railing to
hear, the witness suddenly straight
ened his back and denied unequivocally
that he had made some of the state
ments attributed to him.
At first the questions were directed
to bring answers which would show
that the kilograms regarding the Col
ton bonds passed between Bartnett and
Brown frequently. There was an in
terval in which Dozier tried to show
by Browns statements that the wit
ness himself did not remember much
of the nature of the bonds-an at
tempt to show that Treadwell in an
swering the jury room question might
have been trapped. But Brown was
able to enumerate some of the securi-
ties.
Did you see Treadwen see the
bonds?" Dozier asked after he had
gone over the teIegraphic correspond
ence with Brown. The witness said he
did not.
Il used to read the kilograms and
| letters to Treadwe1l," Brown said later
on. Witness maintained there had
been many conversations between him
and Treadwell regarding pawning the
bonds. Dozier devoted an hour to
getting him TO say that in the Bart
nett Brown correspondence there was
nothing to show that the bank had no
right TO use the securities.
QUESTIONED ABOUT IMMUNITY
Immunity" was next made the cen
| ter of questions. Brown said he
| pleaded guilty to epbezzlement. believ-
regarding the banks transactions, he
would be more easily dealt with. Then
came the attempt at direct impeach-
ment.
captain of the yard at San Quentin?'
asked Dozier suddenly
Browns head dropped.
ITO my sorrow, do he said, just
above his breath.
did you have a conversation with
/ Mr.. Byington and myself on July 81,
1908, in Captain Randolph's officer?
you asked questions and 1 an
| swered," said the witness.
Didn't you say then to us that you
never talked with Treadwell regarding
the hypothecating of the Cotton securi-
| ties; that this was a subject about
which no one talked direct?''
II never said that" Brown declared.
Witness denied categorically that he
had said he could not swear that Tread
well had ever seen the bonds until he
redeemed them from the bank He also
denied that he had said he could not
remember any of the Cotton sectri-
ties. He accused Dozier of misquoting
some of his statements regarding
knowledge of the securities made in an
swer to skillfully worded questions
from Byingtop when Brown was badly
upset over the Siemsen-Dabner hang
ing and the conduct of some visitors
who had jeered him in the yard. The
witness on redirect examination said
that he had been ordered against his
will to the yard captains office while
| he was hiding in the jutemill from
/ these visitors. The case goes on all
/ day today.