Los Angeles herald., 1909-04-14
Graft Investigation Is Nearing End

district attorney to me and told me
could retire independent IL / would put
Savage out and let Oswald go up. The
thing was to put Savage down, take his
flag down and put UP the flag OF Os-
valid I said. Oswald is going tonight.
Now, will you close them or VIII you
not?'
Face Turned White
"He turned, his face White, and he
says: My God! / didn't think such a
thing Well / says, that is a fact.
am not going out and saying | was
bribed, / am ashamed that a man, any
living man, should make such a propo-
sition to me, but ] know what am
talking about, and it has got to so or
things are going to pop. l viii close
them myself I said. VIII you be a
party to 1t after telling you what l
have?' He turned to the chief and said.
Close them up, 3D., and they We're
schenck,s testimony regarding the in
cident Is a fair sample of his attitude
all through his appearance before the
grand jury.
sistant district attorney. Paul MoCor-
mick of Schenck "having a conver-
sation with Mr.. Fleming shortly after
you were tried the first time on the
charge of false Imprisonment OF Brad
al don't recollect any right at this
minute" returned Schenck.
well. do you remember having a
lunch with him on one occasion shortly
after the trial at Levy's cafe9"
81 don't recollect it."
well, did you have lunch with
him?"
opinion did not"
well. what gives you the opinion
that you did not?'
because do not recall of ever hav-
ing lunch with Mr.. Fleming"
"Will you say you never did have
lunch with him?"
mo, no."
"At Levy's cafe?"
1T don't recollect Of ever having
lunch with him."
"Ncw, let me see IL we can't re-
fresh your recollection. Do you re-
member the time you were tried first
for the Lee eplsode?"
Remembers Trial
''I recollect being tried, yes"
"Do you know what month that
WASP"
"No, but 1t was early fall, recol-
lect."
I'm August, wasn't it, 1902"
Possibly 1t might have BEEN"
cit might have been, but wasn't 1t 2"
ST don't recollect the day nor the
recollection of It,"
"How soon after you resigned was
it that you were tried the first timer"
THAT don't recollect, but 1t was
my opinion it was within six months"
well. now, don't you remember
after being tried that you saw Mr..
Fleming in his office and had some
conversation with him regarding the
redlight district?"
IT don't recall ever having any con-
versation with him.
Now, just moment until refresh
your recollection further And that in
that conversation you invited him to
dine with you at Levy's at luncheon,
and that you and he made an engage
ment to meet at luncheon at Levy's,
either that day or a day or two after
that and you did meet there and dis
cuss the redlight proposition"
IT don't recollect having done SOL
well, did you or did you not?"
81 don't recall to have done so, Mr..
Mccormick"
We'll, give us little more positive
answer than that, If you can"
IT would If I could"
ibid you or did you not?"
II do not recall having"
Refuses to Deny
The fencing against a positive ans
wer continued throughout Schenck's
testimony. When Deputy District At
torney w. j. Ford asked, do you
deny it?' referring to luncheon with
Mr.. Fleming, Schenck said, mo, I do
not"
You deny having had such con-
versation, then?" asked Deputy Dis
trict Attorney Horton a little later
mo, DON'T" said Schenck. IT say
that I do not recall having had that
conversation"
And that he could retire indepen-
Il do not recall any such conversa-
tion."
We'll, do you deny having had such
a conversation with Mr.. Fleming?''
II said that 1 did not recall having
any such conversation"
well. say. do you deny having had
such a conversations"
mo; l do not"
took his turn and asked, will you
deny that you had that conversation
with him? That or that conversation
in substance?" Schenck parted with
II don't recall, captain, in any way,
shape, form or manner
The same routine occurred when the
district attorneys force endeavored to
get Schenck pointing straight on the
information possible from the ques-
ton, Didn't you have an understand
ing at the time that you were to open
UP the old Ballerino crib district and
that the profits were to be shared as
follows: That you had to pay the
chief of police and the captain of po-
lice $3.50 each per month and to divide
the balance of the profits after all ex-
penses, rents and incidentals, each to
receive one-third of the balance? BY
each 1 mean yourself and Mayor Har-
per and Nick Oswald?"
Comments on Poor Memory
The question was put by Assistant
District Attorney Ford, who remarked,
sarcastically referring to Schenck's
response, You have shown very re-
markable memory in recalling descrip-
tons and locations and names of peo-
pie from whom you have purchased
property, and yet you can't remember
an incident like this.'
Schenck finally unbent so far as to
say that when District Attorney Fred
ericks told him Mr.. Fleming would
swear that Schenck offered him the
district attorneyship Schenck laughed
and said to Captain Fredericks, What
authority, what power, did have? I
am not Walter Parker-neyer consid-
cred myself SO. / couldn't offer it,
IT only recall one instance of ever
having any dealings with Mr.. Flem-
Ing" asserted Schenck. land that was
one time in his office He says to me-
Sam he says, you bet on the horses