Los Angeles herald., 1909-04-21


Earl and the party who furnished the
same. and ascertain whether corrobo-
ration was possible.
Could Not Get Information
We find that this information was
not secured, and we believe could not
have been secured during the session
of the last grand jury by reason of
the conditions before referred to.
This grand jury was ordered drawn
on Monday morning of March 10, 1909
at which time a determined search
was being made to locate Nicolas D.
Oswald, who it was surmised had fur
nished this information to Mr.. Earl.
1t soon developed from the testimony
Of Mr.. Earl that this information did
come from this source, and believing
that it was of greater Importance that
this evidence, whatever it might be,
should be submitted to q grand jury,
than that Oswald should be punished
for having previously sworn falsely in
that connection, the district attorney,
with the sanction of the grand jury,
publicly offered him immunity from
punishment upon the charge of per-
jury as an aid to securing his appre-
hension so that his testimony might
be so secured and in order to facilitate
his apprehension a warrant OF arrest
was issued for him.
After four weeks spent in conceal
ment Oswald's return was secured and
his testimony was placed before this
grand jury.
1t must be apparent to the court
that the testimony of Oswald was
necessarily vulnerable in that he had
previously testified to a different state
of facts; that he had been in a meas
ure ruined financially by the closing
of the new redlight district and the
Ill R.fr fllaf
in the first place he had received a
large sum of money for giving this
information to Mr.. Earl and that he
testified before this grand jury under
a promise of immunity from punish
mcnt.
Believed Money Paid
From the evidence adduced during
this investigation it is the unanimous
belief Of this grand jury that large
amounts of money were paid for the
protection of prostitution in the So
called redlight district to certain pub
lie and ex-public officials of this city
under investigation, other than those
indicted. However, owing to the lack
of sufficient corroborating evidence we
are OF the opinion it would be impos-
sible to convict such officials If in
dicted.
Finally, 1t Is the opinion of this
grand jury that investigations into
official misconduct can best be carried
on secretly by the district attorney
without the aid of a grand jury until
some legal and substantial evidence
is secured; for early publicity is not
only apt to defeat the ends sought,
but places obstacles in the way of
investigation we'll nigh unsurmount-
able. And we further feel it is the
duty which this grand jury owes to
the public to state to the court that
we find the conduct of the district at
torney in this entire matter entities
him to the full confidence of the people.
This report is unanimous.
Dated April 20, 1909.
Men Signing Report
The nineteen men who concurred in
the report are J. e. Fishburn, foreman;
d. e. Welcome secrstary; Albert c..
Jones, c. G. Doran, Jesse Payne,
Luther Ober, j. w. Calvert, j. A. Hen
derson, ]. e. Shuey, C. F. w. Palmer,
R. M. Miller, F. A. Powell, ]. ]. Sey-
mour, C. H. Yates, j. L. Snavely, M.
J. McDermott, Stephen Townsend,
James Montgomery and Andrew Os-
goodby.
District Attorney Fredericks refused
to make any statement in reference to
the concluding recommendation con-
legations into official misconduct be
carried on secretly by his office
"My plans will not be made public
until the time arrives when they may
become known without danger of ham,
pering the work of this office" was
all he would say.
The last act in connection with the
meeting of the special grand jury was
performed by Deputy District Attor-
ney Mccormick, when he moved to
dismiss the charge of evading sub
poena filed against William Lawrence
Fetter in Justice Stephens court. The
motion was granted and Fetter was
ordered discharged.