Los Angeles herald., 1909-04-01
HENEY is CONFIDENT ACTUAL
TRIAL is NEAR
sLEuTHs WHO RAIDED OFFICES
CITED FOR CONTEMPT
Crusade, but Is Not Discouraged.
Crowds Attend the Police
Court Hearing
by Associated Press. !

Railroads of san francisco, appears u
be approaching a stage where the tax
ing of testimony is in sight.
The exercise of peremptory challenges
leaves but two jurors unsworn to try
the issue, and it is the general eXpecta-
ton that these will be selected before
the expiration of the present week.
IF conditions are favorable we may
begin taking testimony next week,
said Francis j. Heney, who is directing
the prosecution.
Should Judge William P. Lawlor al
low the application of the prosecution
for O thirteenth juror, who may par
ticipate in the deliberations If one OF
the others is disqualified by illness or
for any other reason, the prosecution
Will gain an additional peremptory
challenge, making a total of two, and
the defense will have eight Instead OF
six.
Otto It. Heldebracht, a retired furni-
ture designer, was passed temporarily
by both sides today to occupy the
eleventh seat in the box after two ju-
rors had been peremptorliy challenged.
Superior Judge Frank ]. Murasky,
presiding over another department, is
sued citation today directing three
attaches of the district attorneys office
and a police detective to appear before
him next Monday and show cause why
they should not be punished for con-
tempt for having prosecuted the search
of the United Railroads Offices after
they had been served with an order to
desist.
Defeat for Prosecution
The decision constitutes a defeat for
the prosecution in the first legal Skin
mish that has followed the last weeks
raid on offices and safes alleged to con-
tain papers stolen from the district at
torneys Office.
Judge Murasky>had under considern-
ton only the first phase of the litiga-
ton, involving the question of whether
or not the men engaged in the search
der directin0 the search to ston until
the validity of the search warrants is
sued by police judge could be deter
mined.
Assistant District Attorney Hanley in
his argument yesterday contended that
he was not a party to the search; that
the men actually engaged were not
plant handed him by the United Rail-
roads attorneys was not properly
drawn.
In opposition to this contention At
torneys A. A. Moore and w. H. Metson
asked that the men who are alleged to
have violated the courts order be cited
for contempt.
ficient to warrant the issue of cita-
ton for contempt" said Judge Muras-
ky. Let it be made returnable next
Attorney Metson asked that the or
der be made applicable to Agents Rus
sell and SCHNEIDER, who were engaged
in the raids, and Judge Murasky sug-
gested that the new citation be pre-
pared in the case.
Further Raids Prohibited
The order prohibiting further inves-
tigation of the United Railroads prop
erty by the district attorney or his
agents will remain in force until the
original basis of the restraining order,
which relates to the legality of the
search warrants and the powers of the
police and the district attorney, are de-
termined. 1t is presumed this matter
will be taken up after the court has
passed finally on the allegations of con-
tempt.
William D. Harrington. the saloon
keeper adjudged guilty Of contempt for
a juror accepted in the case.
was delivered into the custody of the
sheriff when he appeared in court just
before the noon recess and was taken
TO the county JAIL where he began
serving his sentence Of five days inn
posed by Judge Lawlor yesterday.
James X. Blender, the. juror who ac-
eused Harrington, had notified the
court he might have been mistaken in
liking the hour of his visit to Har-
'ington's saloon, and declared himself
unwilling to do the respondent an in
Justice, but he was positive Harring
on had made the remark attributed to
lin, and Judge Lawlor expressed him.
Ielf satisfied with the original judy
nent.
no rrsne+on Was not represantad nv
In attorney, and 1t was stated he would
lot test the validity of his commit
nent by instituting habeas corpus pro-
seedlings.
Nine Men Arraigned
The courtroom of Police Judge Deasy
vas crowded when the nine men ar
ested in connection with the alleged
heft of documents from the district |
attorneys office appeared for arraign-
nent
Dates for preliminary examinations |
we're set in three of the cases; those
# Attorneys William M. Abbott and
Frank j. Murphy were continued until
donday for the fixing of the date of
heir hearing, and the four remaining
asses went over until tomorrow owing
o the fact that the joint complaint had
,een mislaid.
All of the nine defendants were pres
My one not yet released on bail or
abeas corpus, sitting In the prisoners
ock, shoulder to shoulder with the
Usual morning crowd Of peace dis
urbers.
None of the nine offered any objec-
ion to the complaints that had been
lied against them, but there was con-
iderable discussion between the op-
losing counsel over the fixing of the
ateS for hearing.
Assistant District Attorney Ward
sked for the earliest possible date in
ach of the cases, while John H. Shee-
an, representing counsel for Abbott,
4andlon and Luther Brown, the three
most prominent defendants, pleaded for
clay on the ground that he wished adj
itional time to prepare his cases.
In the case of William M. Abbott,
yho was first to be arraigned, the de-
ense and prosecution finally compro-
lised on Monday as the date to set the
caring. This also was done in the case
f Murphy.
Browns hearing was set for Wednes
ay, April z and the hearing of Joseph
I. Haidlon and Eugene H. Pratt for
.pril and 6 respectively. The ar
lignments of William Corbin, Abbott
[cKinley, Jerry Van Wormer and Rex
/. Hamlin. charged jointly with grand
Irceny, were put over until tomorrow.
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