Los Angeles herald., 1908-02-28
SENSATION
SPRUNG IN
LIBEL SUIT
TEvIS-OLDER CASE TAKES A
DRAMATIC TURN
William Hoff Cook Tells Court He Has
Reason to Think Water Com.
panies Plan to Exploit the
Merits of System
Bv Associated Press.

By Associated Press.
SAN FRANCISCO. Feb. 27.-The
trial of r. A. Crothers and Fremont
Older, proprietor and managing ed
itor respectively of the San Francisco
Bulletin. on the charges of criminally
libeling William s. Tevis, one of the
wealthiest men in the state. took a
somewhat sensational turn today.
When court convened this morning
Assistant District Attorney William
Hoff Cook arose and addressed the
court, asking that the ten jurors al
ready secured and the panel of twenty
five talesmen be sent out of the court
room in order that he might make a
statement to the court.
When the jurors and talesmen had
left the court, Cook stated he had rea-
sons to believe that the case was in
stituted for the sole purpose of ex-
plotting the respective merits of the
Hefch- -Hetchy and Bay Cities water
system, and that he wished to insti-
tute an inquiry as to whether or not
there was collusion between e. P. T.
Troy, the attorney who swore to the
complaint, and the defendants, as
Troy had refused to divulge to him
at whose instigation he had brought
the complaint.
1TOStCutOT 1OOh Lilcll CdllCu 1IOy u
the witness stand and ELECTED from
him that he had sworn to the complaint
at the request of Daniel Murphy, a
member of the water supply commit
tee of the board of supervisors, for
the purpose of exploiting the water
question and bringing it before the
people.
All Collision Denied
The witness testified that he had
acted solely at the request of Super
visor Murphy and that there was no
collusion with the defendants or with
the district attorneys office, none OF
whom had been consulted.
Following this, Assistant District
Attorney Cook said he was in no po-
sition to present the case in proper
legal form and that it was not brought
in good faith, therefore he moved its
dismissal.
This was vigorously opposed by At
torneys Sullivan and Hickey of coun-
sci for the defense, who demanded a
full hearing of the case.
Judge M. T. Dooling of San Benito
county, sitting for Judge Dunno, de-
clared that this was rather late for
the district attorney to move dis
missal, after two days had been oc-
cupied in getting a jury. and, denying
the motion, ordered the case to pro-
ceed.
The jurors and talesmen were called
back, and the examination for two ad-
ditional jurors was resumed.
Troy on the Stand
When Troy took the stand he imme-
diately began speaking.
"As long as the district attorney has
stated some things that are not true,
and suppressed others rising to his
feet, he shouted-"I want to make. a
statement before the district attorney
questions me-"
"Sit down. Mr.. Troy" ordered Judge
Dooling.
"Never mind your statement, Mr..
Troy" said Cook. 9TH ask the ques-
tions and you can then make your
statements and explanations.
st have known you for long time
and I never had any confidence in
YOU" hotly declared Troy to Cook.
'That's why l wouldn't answer your
questions yesterday in your office You
didn't ask me about the evidence. You
only wanted to know who instigated
this
II have been an attorney for twenty
five years." said Cook. land 1 don't
want to be the attorney in case that
/ cannot present properly, which / cam
not do in this case because of the abb
sence of Mr.. Tevis, whom we have been
unable to get here; neither do l want to
fConfinuad on Piazza TVnl