Los Angeles herald., 1909-10-01
AUTOMOBILE MAN
IS GIVEN RELEASE
CHARGE AGAINST F. A COR
NELL is DISMISSED
WAS ACCUSED AS ACCESSORY IN
DEATH OF DORA TELLER
After Wordy Warfare, Justice Sum-
merfield Decides That Evidence
Didn't Connect Defendant
with Accident

The preliminary examination of Free
A. Cornell, charged with manslaughtel
on account of the death of Mrs. Dors
Feller, who was struck and killed by
Cornell's automobile July II, opened II
a wordy blaze of temper in Justice
Eummerfield's court yesterday.
ended in the discharge of the auto
mobile man and the dismissal of the
complaint.
The case was set for o'clock and
half a score of witnesses, Deputy Dis
tritc Attorney Mccartney and the JUS
tice waited forty-five minutes before
Cornell appeared with one OF his at
forneys, J. w. Callahan. Justice sum
merfeld had in the interval ordered
CornelIs bond of $1,000 forfeited and
sent a constable, armed with bench
warrant, in search of the accused.
This case was set for o'clock. said
the Justice, rebukingly, as Callahan ana
his client entered. Il have ordered the
bond forfeited" -
II understood it was set for 10
o'clock" replied Callahan. Il will also
say it is an unprecedented proceeoilg
for a Justice to order a bond forelted
at o'clock in the morning and shows
the attitude of the court toward the
defendant"
"And I will say" retorted the jus
tice. shat it is an unprecedented pro-
ceeding for an attorney to come IN
here, and, swelling up like a pouter
pigeon, attempt to instruct this court
as TO it's duties"
Before the first witness was given an
opportlnity to answer the first ques-
tion propounded Attorney Callahan
read an AFFIDAVIT signed by Cornell in
which he based motion for cnange
of the hearing to another justice court
on the ground that Justice Summarized
was prejudiced.
This prejudice, he said, was mani
tested when the justice on Wednesday
refused TO grant continuance OF the
examination thirty days after the dls-
trict attorney and the defense had
agreed to such continuance. In ad-
dition he repeated a remark attributed
To the Justice when the preliminary ex-
animation of Carl Fisher, Cornells s
chauffeur, was concluded, and he was
held for trial, that "CornelPs wife
should be held as an accessory after
the fact"
Still further, he said, an order bring
ing Cornell into the justice court on
supplementary proceedings, which order
was later ordered revoked by Superior
Judge Bordwell, showed bias on Justice
Summertield's part.
Il think Cornell has been shown the
greatest leniency," replied the justice.
L reduced MS Ddll 10 9zOUu ana JuSlIlAeu
1t at a late hour in the night. I am not
prejudiced; go ahead with the examl-
nation
The prosecution found it impossible
to locate Carl Fisher, who is at liberty
on bonds awaiting his trial, and Justice
Summerfield, after listening to the tes-
timony of several witnesses, gave two
reasons why Cornell should not be held
to the superior court, first, because
there was no testimony to connect him
with the killing either directly or as
accessorov after the fact, and, second,
because the complaint was improperly
drawn, the dead woman's name being
given as Keller instead of Feller. Cor
nell was ordered discharged and the
justice revoked his order forfeiting
the bond.