Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-05-07
LAWYERS FIGHT
TO THROW OUT
BRIBERY CASES
Representatives Of schenck and
Rroadhead Question Indictments
Against Former Officials and
Raise Technical Points
Continued from Page ono,

court, if not inconsistent with the laws
are laws themselves"
D. e. Welcome, secretary OF the
special grand jury, was the first wit
ness called by the defense to support
their motions.
the grand jury during the investigation
concerning Thomas H. BroadheadY'
asked Mr.. Appel.
Mr.. Earl was q Witness" replied
Mr.. Welcome, evasively.
Persisting, Mr.. Appel secured the
information that Mr. Earl was a wit
ness as to all persons under investl-
cation, land I believe that includes
Broadhead" added the witness.
Mr.. welcome stated that a majority
of the Jury concurred in the indict-
ment, and from that time until ad-
1ournment the inquiry was carried on
amid a fire of objections and excep-
lions to the courts rulings.
1.-THE Indictment and all testimony
necessary have been furnished to the
defendant, and that is sufficient" said
Mr.. Ford, Directing to a question pro-
pounded by Mr.. Appel.
1T take an exception to counsePs re-
marks" cried Broadheads attorney:
'eThey are made for the purpose OF
giving other witnesses In the room
lead on how they shall testify"
Juror Admits Prejudice
A few moments later Mr.. Fredericks
ohiected to a question concerning the
minutes taken during the sessions OF
the grand jury. TIE box containing
the minutes and other material papers
are in the hands of the county clerk
he said. ., r
1--WE are not taking the testimony OF
unsworn witnesses here" angrily inter,
posed Mr.. Appel, and as Mr.. Foro
added his opposing voice to the ques-
tion asked of the witness, Mr.. Appel
remarked:
81 see no reason why counsel snouio
get red in the face"
"Now / see an indication of what
must happen during this case, and 1
ask the court to instruct counsel Ior
the defendant to act in g. gentlemahly
manner and use respectful language,
interrupted Mr.. Ford.
Mr.. welcome, in response to furtner
questions. said he might have ex-
messed himself regarding conditions
In Los Angeles civic affairs prior TO
the meeting Of the grand jury,
acknowledged that he had signed the
recall petition and stated he was
preiudiced against either Broadnead
~. Schenck when he became a member
of the jury.
The entire afternoon was spent IN an
effort by the deIenSe TO prove 1lle'I liz
testimony of e. T. Earl, Walter Parker,
Joseph Durand and other grand jury
witnesses was material in the present
cases. This testimony has not been
furnished to the attorneys for the two
indicted men, the district attorney
contending that it has no bearing on
their cases and that the return of the
indictments did not result from the
evidence given by these witnesses.
To Continue Hearing Today
In Directing to answers being made
by the witness the district attorney
and his deputies laid special stress on
the requirement of the law calling for
secrecy regarding grand jury proceed
ings and when the examination
of Mr. welcome began and efforts
were made to bring out certain in
formation which might offset state
ments he had already made, Attorneys
Appel and Schenck were successful in
forestalling responses on the same
ground.
1--WE believe the testimony we are
trying to procure will aid us materially
in our efforts to have these indictments
set aside" said Mr.. Schenck, after
court adjourned.
Mr.. Horton stated, however, that the
prosecution did not fear the introduce
ton of the testimony. "It is a matter
of law with u.s. and we are determined
to concede nothing"
The hearing was continued to 10
o'clock today. From the slow progress
yesterday it is the judgment of many
that the present proceedings will last
ten days, at least.