Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-19
HARD FIGHT
IS EXPECTED
INDICTMENT CASES COME TIC
TRIAL
ATTORNEYS DELAY WORK WITH
OBJECTIONS
Claim Made That Ocean Park Men Did
Not Break Law and Evidence
to That End is Pre-
scented

The taking of testimony in the trial
Of bennett Childs, charged with ille-
gal registration at Ocean Park, was
begun yesterday morning in Judge
Conrey's court.
When the court adjourned until $3.50
o'clock this morning but half dozen
witnesses had been examined, the de-
Tense, represented by formidable ar
ray of counsel interposing objections
to every question asked. The prose-
cution still has twelve or fifteen more
witnesses and may have all their tes-
tlmony in by this afternoon.
Immediately upon the reassembling
of court yesterday the defense object
cd to the introducing of evidence, rails
ing the question of jurisdiction and the
sufficiency of the indictment to con-
stltute a public offense, the main ques-
ton being over the form of the indict
ment.
The objection was overruIed and the
taking of testimony was started by the
prosecution.
The courtroom yesterday was filled
with spectators, many of them women,
relatives of the men indicted on a SIM
liar charge as contained in the indict-
ment against Childs.
Interpose Objections
R. L. Brown, deputy county clerk.
in charge of registration, was the first
witness, but before the first question
could be answered Attorney Anderson
for the defense interposed an objec-
ton.
1--WE wish at this time" said Ander-
son, ito OBJECT to the Introduction of
evidence on the ground that the facts
do not constitute a public offense."
Referring to the registration book OF
the Ocean Park city precincts, which
the witness carried with him to the
stand Anderson declared no such reg
lister was authorized to be kept and
that the only one authorized was the
great register of the county
"There is no allegation in the indict-
ment," said Anderson, that the de-
PENDANT was not entitled to be regis
tered in the great register of the 'coun-
ty, and there is no allegation that any
municipal election or special election
provided for in the political code was
pending.
There is no allegation that the gov
erning body charged with the conduct
of elections mentioned in this code ever
precincted or subdivided the munich
pality or territory within which any
such election was to be held into spe-
cial or consolidated election precincts,
for the holding of any such election"
Hartley Shaw said it was his conten-
ton that he had only to show there was
registration of the county and that
there was an Ocean Park precinct ana
that there the defendant procured him.
self as voter.
Exhibits Register
The court overruled the objection and
the register was placed in evidence.
A. M. McPharren, deputy clerk OF
! the board of supervisors, explained the
formation of precincts and election
boundaries in Ocean Park, and Ivory
b. Noble, county surveyor. was called
TO show the distances between Los
Angeles and the nearest corner Of
Ocean Park.
Mrs. Bessie Blum testified she is the
iandlady of the house in which Childs
and his family live, 924 Stanford ave-
nue.. Mrs. H. Steele, Mrs. Bertha
Scherfenberg anu Mrs. E. Krone,
neighbors of the Childs family, testi-
fled concerning his movements and
whether he had been absent from his
home for days or weeks at a time.
Mrs. Steele did not believe Childs
was away for any length of time, and
OIt cIOSS-eAdlIililhliOil Slic SftlQ SHE ndu
quarreled with the Childs family, but
was neither a friend or enemy to its
members.
Mrs. Scherfenberg said Childs might
have been away from his home for
weeks in July and August last year
and she not have knowledge of It.
Mrs. Krone did not know much about
Childs' movements II have no time
to watch my neighbors." she declared
The trial was continued until $3.50
o'clock today.