Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-03-06
HARPER PLEADS
FOR MORE TIME
FEARS EFFECT OF SUIT ON
RECALL ELECTION
EXPRESS ATTORNEYS DEMAND
QUICK ACTION
E. T. Earl Valves Right to Five Days
Notice in Order to Have the
Libel Case Tried
Soon

Delay" was the plaintive and pitiful
cry raised by the attorneys represent
ing Mayor a. G. Harper in the superior
court yesterday, who occupied the
greater portion of the session arguing
demurrer TO an amended answer filed
several days ago by the Express, de-
PENDANT in a libel suit brought against
it by Harper.
The reason for the appeal for procras-
tination was obvious. Evidently rear
full that the testimony expected to be
brought out during the trial of the libel
suit which is set down for Tuesday
would cast to the winds any glimmer-
ing hope remaining in Harper's breast
that he will be successful in the recall
election the mayor, through his attor-
neys, sidestepped and cried aloud for q
continuance.
ut is the earnest desire of the defen-
dants to have the case disposed of as
quickly as possible The argument on
this demurrer to our amended answer
has been made. The mayors attorneys
have filed a motion to strike out por-
tons of that answer, and we are en-
titled to five days notice of that mo-
ton. We waive that notice and are
willing to submit the whole matter
now" said w. H. Anderson of counsel
for the Express.
Roqers Wants Action
Attorney Earl Rogers also protested
against delay. IT was released from
the Calhoun case in San Francisco for
brief period to be present at this
trial on March 81 he said. IF the mat
ter goes over for two or three weeks
we will be in the midst of taking tes-
timony in San Francisco"
1.-THE amended answer came in at o
very late hour" responded Attorney
Horace II. Appel of the mayors coun-
sell Two of the attorneys for Harper,
he said, had accepted a retainer for
case in another city, believing a tenta-
tive agreement that the libel suit would
be continued would be carried out.
1t was pointed out that the mayor
even in the absence of these attorneys
would be well represented.
But we have a witness in New YORK
from whom q deposition must be Sc
cured" protested Mr.. Appel.
"You have other witnesses" responded
Mr.. Rogers. by the time the jury Is
secured and the testimony of these per
sons is heard the New YORK deposition
may be in Los Angeles"
''Granted. but the deposition of Mr.
Earl of the Express has not been taken.
Mr.. Earl has received notice that we
must have his deposition before the
trial begins" was the next excuse Of
fered by Mr.. Appel, evidently becoming
worried.
"Ah! But that deposition is in con-
nection with another case" quietly sug-
gested Mr.. Anderson.
Harper's attorneys entered into
hurried consultation. 1--WE will file an
AFFIDAVIT showing the need for con-
tinuance of this case" he cried.
Judge to Decide Today
''I think the matter should be deter
mined one way or the other quickly"
said Judge Conrey. IF the case goes
TO trial Tuesday that fact should be
known tomorrow. as it will be neces-
sary to have all the time possible to get
notices to jurymen.'
Judge Conrey announced he would
render a decision on the demurrer TO
the amended answer today and in
structed Harper's attorneys to present
their affidavit for a continuance TINS
morning. No agreement was reached
on the motion to strike out parts OF the
amended answer, and should the
MAYORS attorneys fail to secure a con-
tinuance on other grounds it is prob
able they will fall back on their con-
tention that the law allows them five
days time, even If the DEFENDANTS 90
waive the notice to which they are en-
titled.
A large number of voters listened to
the arguments yesterday. The legal
phraseology and lengthy quotations
from decisions were, perhaps, somewhat
mystifying, but not sufficiently so as TO
conceal the purpose of Harper's counsel
to delay matters.