The San Francisco call., 1908-09-02
TREADW[LL CASE
TO JURY TODAY
Banker Hangs His Head When
Reference Is Made to His.
Mother
Attorneys for the Defense Try
to Lead Opponent Away
from Issues

II no obstacle is placed in the courts
path the fate of James Treadwell, treas
Urer Of the defunct California safe de-
posit and trust company, will be in
tie hands Of jury before noon today.
Argument in the case was concluded
last night by Assistant District At
torney James Henley. This morning, so
Judge Conley announced, the court s
instructions viii be delivered to the
5ury, and at about 1920 o'clock the
talesmen VIII be locked up for de-
liberation.
Remarks STEPPED in irony darted
from the lips Of Attorney Dozier when
he opened the argument for the de-
fense yesterday. His caustic remarks
grated on the. ears of Assistant District
Attorney Henley. and when the latter
took exception TO the utterances by
Voicing a rebuke Dozier grew incensed.
Ireadwells lawyer dwelt upon the pre-
Eious good character Of the defendant
Henley interrupted him, declaring that
counsel for the defense did not adduce
testimony concerning the good eharac-
Ter of James Treadweu.
You know YOU are misstating the
fscts-desi gnedly misstating them. -
Numbered the attorney from Shasta
county.
Tie stentorian tones aroused the
spectators who We're evidently much
fatigued with the technical testimony
which preceded the argument, for they
applauded vigorously. The courts
bailiffs rushed from their stations to
quel the extraordinary breach in the
etiquette Of court behavior.
If they can't be quiet out there, I'll
close this courtroom" admonished
Judge Conley. Silence from thence on
prevailed.
The morning session developed few
new facts The entire forenoon was
taken UP with examination Of a series
of rebuttal witnesses. Thomas A. Dom
Ion. secretary Of the Mcfarland grand
jury. II. A Newell and Phineas F Fer
guson, members Of the inquisitorial
body which returned the indictments
against :TreadWell, occupied the stand
: for short periods. The examination was
conducted for the purpose of bringing
out a prep0nderance Of evidence refut-
iug the testimony Of Treadwell regard
ing The hypotbecation Of the Cotton
securities. James Coming, a former
assistant in the California safe deposit
and trust company, was called His
testimony concerned the duties of
TreadWell IN the bank. William Hoff
Cook. assistant district attorney. who
has been conducting the case, was the
last witness TO take the stand in the
prosecutions behalf. The questions
which these witnesses We're called upon
Were YOU present at the session of
the grand jury on the 2Sth day of
January. 1908. and did you hear me,
Cook ask a question of Treadwell to
the following effect: Did you hypothe-
cate or sell to any one the following
securities, known as the Cotton securi-
tiesg -
almost invariably the answer given
hy the witnesses, including Cook, was
Il rfH
Did Treadwen interrupt that ques-
tion prior TO its being finished"
NO. sir"
Did Treadwen while this ques-
Iion was being propounded say, That
refers TO Wilson of the San Francisco
National bank. ] do recall something
about the Chesapeake and Ohio
bonds?'
- No. no such statement"
William Hof Cook opened the aTgu-
ment Immediately after Judge Conley
announced that each side of the case,
by stipulation. would be limited to an
argument of three hours. Cook spoke
for an hour and reviewed the testi-
mony in the case. He declared Tread
well knew he had no right to hypothe-
cate the bonds, as any use of the Sc
curities would be improper. Cook
declared that Treadwen was present
At the deliberations OF the mysterious
pool OF the five directors"
Dozier argued for two hours. cut
ting the argument of his colleague, l.
F. Byington. to one hour. He hayed
Cook and Henley and sought by chal-
lenges TO engage the prosecution in q
controversy, but to no avail Only
once did Henley answer Dozier, when
the latter charged Cook with having
q political interest in the outcome OF
the case.
= Byington reiterated Dozier's remarks
and vainly attempted TO cause a
Wrangle, but unsuccessfully. Tread
we'll displayed emotion only once dur
ing the bitter arguments. When Do
zier referred to the defendants moth
er the indicted man hung his head.