Los Angeles herald., 1910-07-29

Fred Horning, who, according to
himself and his friends, is victim
of the "Third Degree" will be in Fol-
som prison again before noon. Horn
ing was hurried out of Los Angeles
last night. Detective Boyd took him
from the city to the county jail There
he was given into the custody of Dep
uty Sheriff w. T. Woods. The deputy
and his prisoner left on the Owl at 6
o'clock.
Hornings attorneys, Frank L. Ham
mond and A. FL. Wycoff, were taken
by surprise. Yesterday morning Horn
ing appeared before Police Judge
Chambers for preliminary hearing on
charge of being an accomplice in the
murder of Police Captain w. H. Auble
September 8, 1909. The hearing was
continued until $3.50 o'clock Saturday
morning on motion of Deputy District
Attorney John North.
Horning's attorneys insisted that an
affidavit be filed in court in support of
the continuance. At 2 o'clock yester-
day afternoon an affidavit was filed in
which the prosecutor set forth that the
continuance was necessary because
several material witnesses against
Horning were absent.
Late yesterday afternoon commit
ment papers authorizing Mornings in
generation in Folsom prison, which
had been corrected in Judge James de-
partment of the superior court and sent
to the district attorneys office, were
brought into use to return Horntng to
prison.
Judge James said last night that sew
eral weeks ago he ordered a correction
made in Horning's commitment papers.
1t was his impression, he said, that a
clerical error was made in the papers
originally in the date of the offense
charged, which made it subsequent to
the sentencing of Horning. ST think
an 80 was used where a 81 belonged"
he said.
District Attorney F'redericks did not
recall that there was any correction in
the papers. He expressed the opinion
that all there was to it was that new
commitment papers were prepared. He
said that Deputy District Attorney
North had charge of the matter. Eff
forts to reach Mr.. North failed.
RELEASE ON HABEAs CORPUS
Horning was with Carl Sutherland
when the latter shot and killed Captain
Auble. Chief of Detectives Paul Flam-
mer and Captain Auble had put Horn
ing and Sutherland under arrest, as
serting that they had evidence that the
two men were planning a burglary.
Horning submitted quietly. Suther-
land ran and when pursued by Captain
Auble, turned and fired on the officer,
inflicting a fatal wound. A few hours
later Sutherland committed suicide to
escape being captured by posse.
No attempt was made to convict
Horning of completely in the murder
of Auble. Every effort to show that
he had a criminal record failed, it is
said. But Horning asserts that he
was tortured by the practices which
make up the Third Degree" until, in
agony, he confessed an assault on Ver-
was innocent. He pleaded guilty when
arraigned and was sentenced to four
teen years Imprisonment in Folsom
prison-the maximum sentence allowed
by law.
A few weeks ago Judge Hughes of
Sacramento ordered the release of
Horning after granting a writ of hab-
cas- corpus. This was done following
a showing that the information failed
to state the sort of deadly weapon
used in the assault charged against
Horning. AS soon as the fact that
Horning had been released became
known here an effort was made to APP
prehend him.
Arrangements had been made for an
application in San Francisco Tuesday
for an order against Judge Hughes cit-
ing him to show cause why his order
releasing Horning should not be set
aside. Meanwhile, to hold Horning
here, he was charged with completely
in the murder of Captain Auble.
Recently a number of persons inter-
ested in prison reform work and the
abolishment of the Third Degree be-
gan an investigation of the eircum-
stances surrounding the conviction of
Horning. They were preparing for
fight in his behalf, believing that he
had not been proved guilty of crime
only of lack of judgment In the selec-
tion of a companion. What they will
do now that he has been returned to
prison remains to be decided.