The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-19
COURT ASKED TO
FREE CLAUDIANES
Judge Wood Intimates That he
VIII Discharge Prisoner. but
Reserves His Decision

OAKLAND. June lS.-Distriet At
torney Langdon OF San Francisco ant
District Attorney Donahue Of Alamed'
county Joined this afternoon in askint
Jusee Wood 10 set free John Claudi
anes. who has been in jail nearly
year awaiting trial on charge OF De
ing implicated in the Gallagher dyna
hitting outrages. They said that there
was no chance OF obtaining q cmVie
ton
An order discharging Cleudianes wa:
expected. but Judge Wood, while mt
mating that ne probably would take Ilt
desired action. declared that he wanted
drst 10 read the transcript OF the testl'
rnonv given before the grand jury
when Claudianes was indicted. The
case was continued until tomorro"
morning.
John Claudianes had packed up his
belongings az the county jail and was
dfssppointed at having to spend one
more night there. His attorney, A. l.
Frick. was also somewhat chagrined
but was confident that Judge Wood
would make the oroer dismissing the
indictment against Claudianes tomor-
row morning.
STATEMENT OF LANGDoN
District Attorney Langdon said:
Nav Il please the court. with the con-
sent Of District Attorney Donahue, and
as represe nting the people IN this case
I now move the court for It's order
dismi sstng the Indictment against the
defendant. John Claudianes. upon the
ground that il is IN furtherance OF
Justice under the provisions Of sections
1885 and 1885 OF the penal code OF this
state.
And in that connection. although un-
der the law il may not be necessary
70 do So 7 wish to state that under all
the evidence now available 10 the
prosecution, IL is doubtful whether II is
sufficient 10 sustain conviction.
The statement made by the defend
ant m this case gave the prosecution
information leading TO the discovery OF
the direct insIigauor OF the crime
Felix Paudevaris-and the actual per
petrator-Peter Claudianes-and the
prosecution have been hoping that II
would be possible to apprehend Felix
Paudevaris and have him punished for
having this ds-stardly crime committed.
CITATION OF TESTIMONY
The statement Of this defendant
would be necessary. as q link, TO con-
Wet him, but from that statement il
appears that he was always protest
ing with Peter CLaUdianes against the
dynamiting. and that the defendant
himself was being constantly drugged
with liquor. so as TO make him really
not N pos session OF his normal facul-
ties
Examples of some Of his statements
Peter said he was going to Reno
New. TO buy some dynamite. l told
him he was a fool to get himself into
trouble II Esaudevaris wanted to do
anything. let him do it himself. He
said he would purchase it for Felix
page OF the statement)
John said: Peter, I don't want 10
monkey with your business. 1 said:
For Coos sake. don't let me know your
business. what you are going TO do. OF
where you are going to put it .
'Peter said. I'm old enough to take
care of myself It's none Of your bust
ness. Page 100
John said: ] don't want TO be near
you when you are doing any blasting
want 10 be away from it. page III
Peter would always get me drunk
with absinthe." Qast page.)
It seems TO be. therefore, all things
considered. that in furtherance of jus
1ice that this court make its order dis
missing cbe Indictment herein against
the defendant, John Claudfanes.
DoNAHUE JOINS REQUEST
Donshue made a statement similar
to that OF LRngdon. At it's conclusion
Judge Wood asked for the transcript
OF testimony, and continued the case
The crime Cor which John Claudianes
was indicted was the blowing UP of
the Schenck home in East Oakland
where former Supervisor James J.. Gal
lagher was at the time with his family
Peter Claudtanes was captured as a re-
suit OF his brothers confession and
given a life sentence at San Quentin
Felix Pauduveris has never been
caught
Peter Claudisnes has lost his right
10 appeal because no notice was filed
by his attorneys. Nat Coghlan and J. W
Scott. within the statutory 10 days
Coghlan sent Assistant District Attor-
ney Hynes a notice Of appeal after
the 10 days had elapsed. and asked
him 10 date Il back. This Hynes re-
FUSED 10 do Notwithstanding this
Coghlan and Scott have prepared a bill
iDf exceptions and will try to present il