The San Francisco call., 1909-05-12
TEN JURORS
THINK BROWN
IS KIDNAPER
Two Said to Favor Acquittal
of Man Who Outraged
Editor Older
TaIesmen Ask for Instructions
and May Reach Verdict
Today


ernoon. Cook then finished. The pro-
cecdines were concluded by Judge
Mahon. who devoted 20 minutes to his
charge TO 3he jury
Al 4:50 o'clock the jury went out.
An hour later it went to dinner at the
ST. Francis. returning to the court
room at o'clock.
Degraded Profession
Cook began his address to the jury
by saving that he harbored no feel
ing Of resentment against Brown. L
regret" he said. that an attorney at
law should so degrade his honorable
position as TO do what Brown has been
shown here to have done"
The question at issue. be stated. was
whether or not Brown had aided or
abetted the witnesses who testified that
they took Fremont Older out of the
county after he had been arrested and
demanded an opportunity to be ad-
mitted 10 bail. Cook went to some
length in describing the curious posi-
tion he was in in regard 10 the wit
nesses Cohn and Cochrane. the two Los
Angeles constabl bles, originally called
for the prosecution and afterward put
on the stand by the defense. He
said that they were members OF the
political ring in Los Angeles which
Brown headed.
Cant YOU see Brown" Cook as
serted. AS the dominant power over
the justice court in Los Angeles? Can't
YOU see it was a fabricated defense
given by Constables Cohn and Coch-
rane? 1t was suborned testimony Civ
en- by the constables. Just as much as
the testimony of the chauffeurs before
the grand jury was suborned"
Referring to the fact that the two
constables went to Judge Carroll Cook
and asked him if there was a penalty
for not affording a prisoner an oppor-
tunity TO give bail, and that the judge
did not read the section in point. Cook
said: II am not going to criticise my
brother. bus he section was not read"
Attenr or
Bert Brown, started
his sddI I TO make the
case app. Z his humo--
Gus ouip any smiles
in the face jurymen. so
he changed mpei pulled out
the sentimental stops, plaintively draw
ing attention TO Mrs. Brown, who had
been a constant attendant at the trial
Schlesinger pictured Browns domestic
happiness and the effect on it of the
alleged libelous article in the Bulletin.
which reflected on the fidelity OF Brown.
Many a good man. declared SchIes-
niger imDassionedly, many a good
man. not even excepting judges on the
bench. had they been attacked as
this defendant was, would have taken
the law into their own hands To the
credit of Luther G. Brown, he did not
XIII his traducer"
At the afternoon session of the
court Schlesinger resumed. He at
tackled Cook. and went so far in his
appeal that Judge Mahon called halt,
declaring that the lawyer wsss criti-
cizing the actions OF the court. Schles-
niger made q particular point that the
witnesses for the prosecutions were
impeaehed, and ciosesd with more
emotional reference to Browns family
ties
Cook took UP his argument where
he had left it in the morning He
attacked SchIesinger for the latters
forensic device in saying that "he
would have shot Older had he been
lbeled as Brown wass" He also
pricked the bubble OF reputation
which Schlesinger had blown for
Brown. saying: IF the sample Of up
rightness Of Brown in Los Angeles is
on level with his conduct here as a
suborner or perjury-then I pity Los
Angeles"
Meeting the opposing counsers play
for sympathy on Mrs. Browns account.
Cook said: 4 am sorry that Brown
was so little a man as to take his wife
with him when he broke the law" He
ended by asking for a verdict Of guilty
Judge Mahon started his charge to
the jury at six minutes after o'clock,
and spoke until as minutes after the
hour. ME jury paid close attention
First the court read the points Of law
submitted by the prosecution and then
the points of the defense. The chief
instructions for the prosecution were
the following, the first quoted refer
ring 10 what force might have been
used to make Older submit to the kid
napers;
Tho word forcibly. as used in section 2O7 Of
The Penal Code, 0oes not mean absolute physical
force. but constitutes fOrcible carrying or taking
away OF P person within the meaning of that
section. and IL is not necessary that virtual
physical force or violence be used upon the par
son alleged 10 be kidnapped. But IL will be sas-
fcieDf. if. 10 accomplish the removal the mind
~ the person was operated upon by the defendant
or other persons acting under bis directions by
falsely exciting fears. by threats. fraud or other
OF undue Influences amounting snbxtan-
tally 10 coercion Of the will so that IN such
means have not been resorted 70 or employed ID
N-eald have required force 10 effect the removal
And threats may be By acts gestures as well