The San Francisco call., 1909-05-11
MAHON
SENDS GUMSHOE
MAN TO CELL
Witnesses Called by Defense
Show Extent of Browns
kidnapping Conspiracy
Los Angeles Justice Admits
Giving Hurry Orders to
Get Older Away

Luther @. Brown had a new cell last
night. Judge Kirby Smith Mahon, the
militant jurist from Sutter county, who
has been trying the case against
Brown on a charge of kidnapping, re-
voked his gentle order which had made
the defendant a prisoner at the st.
Francis hotel and remanded him into
the custody of the sheriff at the county
Jail The order of the court came at
the conclusion of the hearing of testi-
mony yesterday afternoon, when ad-
journment was taken until this morn
ing for argument. The court said that
there was now no longer a necessity
for consultation between Brown and
his attorney, Bert Schlesinger.
When court had adorned P ].
Healy, a member of the grand jury
who had been sitting in the court dur
ing the afternoon. went up to the judge
and engaged him in conversation,
speaking in a low tone. Judge Kirby
Smith Mahon listened patiently to the
grand juror and then spoke out with
somewhat the ardor with which his
warrior namesake would have ordered
a cavalry charge.
Then the courtroom learned what
Healy had complained of.
4 had Luther Brown confined at the
ST. Francis hotel" he said, because
believed il right and proper that he
might be there. The city was under no
expense on account of that order. He
was confined to his room as closely as
he would have been confined at the
county jail ! explain this to you be-
cause you are a member of the grand
jury, and to that extent an officer of
this court If you were not a member
of the grand jury I would tell you that
it was none of your business"
SHOW EXTENT OF CONSPIRACY
During the day the defense COM
pleted its case and the prosecution
finished its rebuttal, and with several
stipulaions to hurry the progress along,
considerable ground was covered.
Two important points to show the
extent of Browns conspiracy against
Fremont Older. editor Of the Bulletin,
whom Brown is accused of having kid
naped were produced yesterday from
witnesses called by the defense
Constable Cochrane of Los Angeles,
one of the two members of Browns
posse testified. on cross examination
by District Attorney William Hoff
Cook, that before the grand jury he
had sworn that Luther Brown had
said before lunch on the day the ar
rest was made. that he wanted to
get this man (Older) out of town with
out having the opportunity of getting
bail" He swore that such was the
fact.
JUSTICE GIVES HURRY ORDER
J. W. Summerfeld, justice of the
peace of Los Angeles. who issued the
warrant for Older's arrest. admitted
that when the two constables left Los
Angeles with the warrant he had given
them these final instructions: Go to
Luther Browns office in the Coun-
trvman building, San Francisco. and he
will direct you what to do. When you
have the man arrested hustle him down
here, and don't let any grass grow un-
der your feet in doing it,"
You had had a conference with Lu
ther Brown over the long distance tel
ephone that morning." asked Cook.
''Yes." replied the justice.
Pete Calender, the chauffeur of the
pilot car which led the way in the
KIDNAPPING expedition, was the first
witness cdlleQ DE oCniESlnkGA. IlS
wanted to show that when Calender
was in Chicago he was in communica
ton with William J. Burns, special
agent of the district attorneys Office.
The evidence was not admitted.
NOT AN AMIABLE VICTIM
Constable B. F. Cohn was called by
the defense in an endeavor to show
that older was an amiable victim fof
the plot The showing was weakened
by Cohn's admission that during the
automobile run he was looking for
instructions solely to the mysterious
stranger" who was Browns personal
representative in the car, and who ac
cording to Older's testimony, enliv-
ened the trip. with threats of shoot
ing the prisoner. The defense care
fully avoided producing this man of
mystery.
I was relying on the stranger" said
Cohn, humbly. IL hal no one else to
rely on"
Constable cochrane testified that
Older had said, when told that they
were going to Los Angeles, Il am
game sport" Subsequently, in rebuttal,
older denied any such assertion.
County Clerk Keys of Los Angeles
county identified two complaints in
suits filed by Brown against Older for
personal damages growing out of the
alleged libel published in the Bulletin.
WHAT OLDER DID NOT SAY
James R. Nourse, formerly city editor
Of the Bulletin, and now city editor Of
a Los Angeles paper. was called by the
defense, who wanted to prove that
Older had been warned that the article
was false before 1t was printed. That
testimony was not admissible, but
Nourse was permitted to testify that
Older did not say that the article had
to be published anyway if it were no,
true.
Ever since the trial started, Schles- |
niger had been endeavoring to secure
the admission as evidence of the al
legged libelous article which started all
the trouble. Yesterday he secured the
admission Of the complaint in the civil
suit growing out of the publication,
on the ground that IL would show that
Older now entertained malice toward
Brown Incorporated in the complaint
was the Bulletin story.
Older was the only witness called IN
rebuttal by the prosecution. He ma
terially strengthened the case against
Brown. He said that when he learned
that j. c. Brown and not Luther Brown
in I,a ~ NPof