Los Angeles herald., 1909-05-09
WITNESS DOzES
THROUGH FIGHT
ON INDICTMENTS
LAWYERS CONTINUE TO ARGUE
EVERY POINT
PROSECUTION KEEPS JURY BOX
OUT OF EVIDENCE
stenosrapher Who Took Testimony
Relative to Bribery Cases Put on
Stand, but Remembers
Very Little

Very Little
Amid the monotony of sustained OBJ
5ections to questions, exceptions TO the
courts rulings and the quoting OF
lengthy decisions to support or OFFSET
the respective stands taken by each
side in the proceedings through whlch
attorneys for Thomas Il. Broadhead
and Samuel Schenck, indicted on
charges of attempted bribery, hope to
have the indictments quashed, the one
witness called during the two hours
session yesterday dozed into dream
land, awal1ing in startled surprise near
the noon hour to answer the hrst OF a
score of questions, the resultant infor-
nation marking the only real progress
in the hearing on the numerous mo-
tions interposed by the defense.
The proceedings, while not as acrlm-
OniOus as on the two preceding days,
was sufficiently interspersed with sar-
castle repartee TO bring forth several
gavelled rebukes from the bailiff when
the spectators. amused at the exchange
of uncomplimentary remarks or the
quotations from grand jury testimony
leading to the indictments gave eX-
preston to their feelings in uncon-
cealed merriment.
Jury Box Brought In
The grand jury box, with its broken
lock and containing the minute book
and other records of the recent inves-
tigation, was carried into court yester-
day, placed on the desk of Clerk Rea-
gan and later returned to the custody
of the county clerk, unopened, the
prosecution being successful in keep
ing any reference to its condition or
contents out of the record on the
ground that they were not a part of
the present proceedings.
The efforts of Attorneys Appel and
Schenck, representing the indicted men,
were again confined yesterday to OBJ
tanning the testimony given before the
grand jury by Edwin T. Earl, Walter
Parker. Joseph Durand and other per-
sons. The first and only witness called
was N. II. Peterson, the stenographer
who made notes of the testimony taken
in the grand jury room. No opposi-
tion was raised by District Attorney
Fredericks or his deputies, Messrs.
Ford and Horton, to the first half
dozen questions propounded to the
witness. AIR. Peterson said he had
left his stenographie notes at his office
but had the best recollection of any
man living concerning what transpired
in the grand jury room"
Then, as was the case Thursday and
Friday. the defense resumed its en-
deavor to introduce the testimony of
Mr.. Earl, Mr.. Parker and others, read
ing from the transcripts of testimony
that led to the indictments in an effort
to prove that the evidence they sought
had a bearing on the minds of the ju-
rors when they returned the true bills.
Long Question Asked
Attorney Appers first question in
this connection was a lengthy one, TAX
ing up more than ten minutes in the
asking.
AT the time Mr.. Earl was a wit
ness he said, state whether or no he
testified that on or about March %
the defendant Broadhead visited EarPs
Office in the Central building, and that
they had conversation; that the evil
dent purpose of Broadhead in visiting
Earl was that Broadhead wanted to
assure Earl that he was innocent of the
charges embraced in the indictment; |
that Miles Gregory, secretary of the
preceding grand jury, introduced
Broadhead to Earl; that Earl told
Broadhead to stay where he was as
chief of police and not to run, for if he
resigned everybody would believe he
was guilty; that Earl said, Stay with
your job, chief; wait till there is a
new mayor. When we get a new may
or, IL he wants a new chief of police
he probably will be man enough to say
So
"And whether or no Earl testified
that Broadhead replied, I understand
you have heard some things and Earl
said, You should have come to me and
told me about it, Broadhead said,
No. that would not be the right thing
And Earl said, Don't run as Ed Kern
did; stay where you are and Broad
head replied that he was not going to
run. Earl said, 4 feel that the city ad-
ministration was rather hasty in their
rush to put a man on the board of
public works under the circumstances.
The mayor Walter Parker and others
took these steps. If Walter Parker
wants you to get out, don't you do it.
"And if Earl testified that Broad
head told him I never took dishon-
est dollar in my life and Earl re-
marked THAT is a strange statement
That Broadhead said I've made it, by
c. That Earl said Don't you know
that I have the books of a redlight
district showing there was a syndi-
cate?' That Broadhead replied he never
heard Of a syndicate. That Earl said,
Your name is mixed up in the syndi-
cate
Question Answered
"And if Earl testified that he ques-
toned Broadhead concerning property
that was purchased by Broadhead and
as to the sources from which he OBJ
tained the means to purchase. That
Broadhead told him he had purchased
the ranch at Corcoran with his earn
ings as policeman.
''State whether or no it is your pres
ent recollection that these statements
were made before the grand jury by
Mr.. Earl?"
Mr.. Ford was ready with an obiec-
ton, his strongest point of opposition
being based on the contention that the
rules of secrecy governing grand jurors
applied to other persons connected with
the Investigations. The court ruled
that the question must not be answered
and a long argument ensued on the part
of the defense, which was interrupted
by the district attorney.
This argument has been made for
the fifth or sixth time" said Mr.. Fred
ericks. II think there should be a half
somewhere. Our time is worth some-
thing"
"The rights of these defendants are
worth something and the district at
torney is being paid for his time" re-
torted Attorney Appel hotly.
Judge Davis here suggested that Mr.
Appel confine himself to reading his
authorities and refrain from comment
ing upon them.
'srhen I will take an exception to the
courts ruling in not permitting me to
comment on the authorities as I pro-
ceed," remarked the attorney.
Clashes with Court
"I have heard enough authorities
and you will not be allowed to read
them further said Judge Davis
quietly.
Mr.. Appel warmly protested, but was
told to continue his examination of
the witness.