Los Angeles herald., 1910-07-22
HORN|NG REFUSES
TO TALK OF CASE
Prisoner, Arrested in San Fran
cisco, Returned to Los An
geIeS City Prison
HAS NO PAST POLICE RECORD
Is Charged with Being Accom-
pIiCe in Staying of Police
Captain AubIe
HAS NO PAST POLICE RECORD

Fred Horning, companion OF Carl
Sutherland, murderer of Captain Auble,
who was released from Folsom peniten-
tiary. where he was committed on a
murder charge, on a technicality or
the law several weeks ago, and who
surrendered himself to the San Fran
cisco police last week, reached Los An
geles yesterday morning in the Gus
tody of Detective A. Boyd.
A complaint charging Horning with
completely in the murder of Captain
Auble was issued several days ago by
District Attorney Fredericks and filed
in Police Judge Chambers court.
Deputy District Attorney John North
of Los Angeles, assisted by Attorney
General Webb, appeared In the appel
late court at the state capital yesterday
and argued to have reviewed the ma
beas corpus proceedings through Whlch
Horninp secured his release from Fol-
som prison.
North has been instructed by District
Attorney Fredericks to try every form
of legal procedure to have Horning
sent back to the penitentiary.
IMPROPER RELEASE
The authorities here contend that the
prisoner was improperly released, ana
an effort will be made to have him
serve the remainder of his sentence,
which will be twelve years. If he Is
not returned to Folsom he probably
will be tried here for completely in the
murder of the police captain.
Horning, after serving less than two
years of a fourteen-year term, was TAX
en- before Judge ]. w. Hughes of sac
ramento last month. Not the slightest
intimation was given to the authorities
here, 1t is said, that any effort was
being made to have his sentence cut
short The prisoner was represented In
court by Attorney wallace J. Thomp-
son, who petitioned for a writ of habeas
corpus.
The complaint charged that the as
sault had been committed with dead
ly weapon, but no word was there 10
show the nature or kind OF weapon
used. District Attorney Fredericks de-
cIares that the description of the weap-
on used is not materiel to the case, and
has cited many authorities which up
hold his contention.
Horning was arrested at the time OF
the shooting of captain Auble on Sep
tember g. 1908. in West Ninth street,
and after his comrade, Carl Sutherland,
had ended his own life by taking cyan
ide of potassium when his capture was
imminent.
Horning pleaded guilty to assault
with intent to commit murder in con-
nection with another case, and he was
sentenced to fourteen years in Folsom.
REFUSES TO TALK
Horning yesterday refused absolutely
IN sneak of the matter. Not one word
could be had from him concerning his
intentions or his side of the case. II
haven't a thing to say, boys" he said.
'Who are your attorneys here?' he
was asked. >
"That L don't know Just yet. When 1
decide. you can talk with them. Until
then I will have nothing to say regard
ing the matter" he answered his inter-
rogators. -, j..
forming, who is only % years old. Is
considered one of the most mysterious
prisoners who have ever been imprts-
oned in the city Jail. The officers have
frequently wished they could learn or
his mast history. According to the rec
ord of the Identification bureau of the
local detective Office, he has no police
record.
II is likely that Horning will not be
arraigned in court here until decis-
ion is reached in the writ of habeas
corpus proceedings before the court In
San Francisco.