Los Angeles herald., 1909-08-18
SCHENCK'S PART
IN GRAFT CASE
TOLD ON STAND
E. J. FLEMING GOOD WITNESS
FOR PROSECUTION
RELATES INCIDENT AT LUNCH
AT LEWIS
Prosecuting Attorney offered Enough
to Make Him Independent and
Opportunity to BE District
Attorney

u at which the financial possibilities
- of the underworld were discussed,
was testified to yesterday in the bribery
trial of Thos. II. Broadhead, Ed j. Flem-
ing, formerly prosecuting attorney of
the city of Los Angeles, was the wit
ness.
Sam Schenck rang me up and told
me he wanted to see me-" said Flem-
ing. II told him was very busy. He
asked me when 1 was going to lunch,
and told him about noon. He asked
me to meet him at Levys at noon.
went there, and we had lunch together
in the main dining room. Schenck said
to me, as nearly as l can remember the
conversation, You have been trying to
close Savage up. We are behind you
in that. We are making arrangements
to buy Savage out-that is, his saloon,
of course-but he is charging enough
to get all he wants. The terms are not
settled, but the deal is practically GER
tain. Now, you're ambitious We are
in control of the political machine, and
you can be district attorney If you'll do
the right thing. There's money in this
proposition across Commercial street.
You can get yours each month and re-
tire independent
II said to him, Sam, that sounds fine.
I'll think about it. Then he said, We
can all just as we'll make money out
of IL as not"
At this point, when Fleming had been
/, less than ten minutes on the stand,
Joe Ford signified that the direct ex-
animation of the witness was con-
cluded, turning to counsel for the de-
Tense with the words, "Cross examiner"
cross-Examlnation Easy
1t was something of a surprise. after
the dragging hours spent with other
witnesses. Attorney Appel, without any
preliminary antics, plunged at once
into his questioning, but did not refer
to the testimony of the witness In his
brief direct examination. Appel asked
the witness who had appointed him city
prosecutor, calling forth the response
that 1t was the present district attor-
ney. He asked him then why he had
quit, In answer TO which Fleming told
briefly of the supreme court ruling, un-
der which it was held that the law for
appointment of a city prosecutor by
the district attorney Of county does
not apply to cities OF the first class.
80 you found you held an office with
no pay attached to it, and then you
quit?" queried Appel.
'Yes," said the witness.
"That is ALL" said Appel, and Fleming
left the stand.
Brevity, in marked distinction to the
. conduct of the trial in the preceding
b days, characterized the examination of
all the five witnesses called to the wit
ness chair yesterday, after the recall
citrant Mcdowell finally was excused.
Paul Flammer. captain of detectives,
testified that the door between his Of
flee and that of Chief Kern was not
left open, as asserted by the secretary
to the chief, o. II. May, but was kept
closed.
Kern's Office Private
1.-THE office of the chief was private
Office" declared the witness.
r. f. Combs, real estate dealer who
acted as agent in the transfer of prop
erty on Commercial street east of Ala
media from Curtis Waldenfeld to will
liam Wallace" April ~, 1907, testified.
"william Wallace was not present at
any time during the progress OF the
deal except at the last, to sign the
papers, and then he did not even read
them. All the proceedings were con-
Quoted by Oswald. Oswald told me he
was acting only as agent, but ! did not
believe that, because he never asked
ne anything about commission, so l
knew he was not regular real estate
man."
Combs professed to have been shocked
and grieved when he learned the use
to which the property he had sold to
civilian Wallace" had been put in
spite of the fact that he admitted ana
related a conversation with Mayor Har-
per in which the mayor had asked him
If he did not think the property IN
question would not be good for red
light district.
at told him 1 thought it would, y
Combs testified, because 1t was away
from the cars, and no one would find
it unless they were looking for 1t"
Not Allowed to Explain
The witness several times appealed
TO court and counsel for the privilege
of making an explanation" but the
privilege was denied him and he left
the stand with the mystery of his
grieved surprise at the opening OF
crib houses on the property ne had
sold still unexplained.
A delay of ten minutes duration oc-
Cured after the noon recess, due to
the absence of Juryman r. I, Nelson,
who arrived at 210, flushed of face and
flustered in manner. He murmured
something which sounded like ''street
car and stood in grinning embarrass-
ment awaiting whatever rebuke the
court might see fit to give.
'Mr Nelson is now here" said Judge
Davis mildly. "Fhe trial may pro-
ceed." And then Mr.. Nelson seemed
more embarrassed than ever as he
climbed TO his seat In Ine upper row
in the jury box.
John Fohl, an agent of Oswald, a
man devoid of imagination or curl
osity, knew nothing and could tell
nothing except the orders he had re-
ceived from his chief and obeyed. He
had collected rents from fifteen to sew
enteen of the cottages in Oswalds red
light district, $100 from each little
three-roomed house every month, and
tn Nicholas OS.
wald himself or to William Lawrence
Fetter at room 124 H. w. Hellman
building, where the redlight office was
maintained. He did not know the
names of the women and never had
read the receipts which he signed and
delivered on payment of the $100 by
each inmate of the cottages.
my orders were that they must pay
or get OUT he testified. Yes, some-
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