The San Francisco call., 1909-04-15
COURT HEARS FIGHT
FORSTOLFN PAPERS
United Railroads Attorneys Ar
que Search Warrant Was
Not Sufficiently Specific
Assistant District Attorney De-
murs to Application for a
Writ of Prohibition

Assistant District Attorney Robert
Harrison was pitted against Attorneys
J. a. Mackenzie. William H. Matson and
W. H. orrick before Judge Seawell yes
terday afternoon IN the hearing Of the
application for a writ of prohibition
asked by the United Railroads TO re-
strain Daniel c. Deasy. police court
magistrate. from allowing the papers
and reports found in the railroad Office
by the district attorney from being
ofered in evidence in the trials of all
the men concerned in the plot to Sc
cure private papers from Special Agent
Burns office
The arguments for both sides were
hned with nice points OF law. Harri-
son. Who opened the proceedings by
submitting a general demurreR finished
his argument before the middle of the
afternoon. Metson followed with an
equally careful argument. which he
VIII continue Friday afternoon.
NOTICE CALLED INADEQUATE
The principal points made by Metson
We're that no notice had been given the
United Railroads of the contemplated
search-which lack of action, the at
torney said. was unconstitutional-and
that the articles for which the search
was At bt uidOt udQ not DeSn named IN
the complaint for the warrant, or the
warrant itself. with sufficient exacti-
tude
Harrison argued that Judge Seawell
could not grant the writ Of prohibition
because the railroads had not shown
the necessary beneficial interest in the
articles seized. Nowhere in their plea
for writ had they alleged that the
papers and reports belonged TO them.
Harrison showed that writ of re-
view was the correct process TO issue.
Nelson's statement that notice had
not been given the United Railroads
before the search was inaugurated
Harrison nullified with a quotatio
from a supreme court ruling that by
notice" was not meant a statement of
intention. which would amount TO a
warning TO the party whose premises
were about TO be searched. but the con-
ve2ing through regular channels of the
settlement that the search had taken
place
Li9eI Hearing Delayed
Because William J. Burns. special
agent OF the district attorneys office.
departed for Washington yesterday
morning 10 testify AGAINST John A
Benson in one Of the land fraud cases
the trial Of James H Bowling and F.
+. Davidson, charged by Fremont Older
OF the Bulletin with criminal libel for
charging that Older and Rudolph
Spreckels conspired TO cause the street
car strike Of 1907. went over one week.
" hen the matter was called before
Police Judge Deasy yesterday after
noon Matt l. Sullivan. who appeared
with Deputy District Attorney Louis
Ward for the prosecution, announced
that Burns had been summoned to
Washington and that it would not be
possible 70 proceed with the trial IN
less the defense would admit publica-
tion Of the alleged libel.
carroll Cook and Edward T. Moran,
attorneys for the defense, objected to
making such an admission, and Cook
insisted that an attachment should be
issued for Burns. Dsasy explained that
Burns had spoken TO him Tuesday about
having TO go to Washington, and he
had suggested that the special agent
confer with the district attorney.
Cook said that he had not heard of
Burns contemplated trip until Tuesday
night and then had gone forth himself
in search Of him and served him with
subpoena.
The attorneys finally agreed that the
case should 90 over until Wednesday
afternoon AT o'clock. J., After other
testimony has been taken an adjourn
nent may be ordered until early in
May. when Burns viii be back.
Burns Force Reduced
II was announced yesterday by the
district attorneys office that the force
OF special agents engaged in the inves-
tigation OF jurors in the Calhoun and
other graft trials had been cut in half,
saving the city more than $1,000 a
month in salaries.
This move had been figured upon by
District Attorney Langdon when he
made his budget Of expense to the
supervisors and estimated that he
would be able to get through the re-
rnsinder OF the year on the $4,000 sur
plus from the $4,000 fund appropriated
nearly a year ago. For obvious reasons
the names Of the men dismissed have
not been made public. They have all
proved efficient workers and Will be re-
employed when similar work is to be
undertaken again.