Los Angeles herald., 1910-07-30
LAWYERS MAKE
CLAIM HORN|NG
WAS KIDNAPPED
Attorneys for Prisoner viii Fight
to Secure Release Of
Their Client
MURDER CHARGE IS IGNORED
Young Man Given No Opportunity
to See Counsel Before Sent
to the Penitentiary
CHARGE is IGNORED
BY w. c. OWEN


walter ]. Thompson, attorney at
law, Oakland, Cal.-Fred Horning kid
naped out of Jail last night by district
attorney and sent north to Folsom un-
der corrected commitment. Outrageous.
Take action.
"WYCOFF & HAMMOND"
The foregoing is q copy of the tele-
gram dispatched early yesterday morn
ing by the attorneys of Fred Horning,
who was spirited back to Folsom
prison Thursday night. 1t is at
once a terse expression of their view
of the course pursued by the author-
ties and an assurance that this un-
fortunate young man will not be left to
serve long term in Folsom without
a strenuous struggle being made in his
behalf.
Meanwhile the public will be asking
what becomes of the murder charge
lodged against him-a charge bolstered
up by lurid stories of the crimes he
and his alleged accomplice, now nearly
two years dead, intended to commit
1t will want to knoW-it should want
to know-what justification there is
for glaring headlines in which this
prisoner, whom a superior judge re-
Gently declared entitled to his free
dom. is labeled "desperado," cold
blooded pal of the slayer of Captain
Auble." and SO forth. Also by what
L
tiles realized that Hornings attorneys
would resort to any oddity of law to
stop them," as reported in local
newspaper.
ODDITIES OF LAW
Granted that there are many "oddi-
ties" in the administration of criminal
law In Southern California, to which
of them have Messrs. Wycoff & Ham
mond resorted? Which side is making
use of them to win what a newspaper
heading calls trick in freedoms
gamer"
Let us look at that arrest Cor muir
der. Here is it's true story, given by
one of Horning's attorneys, A. ID.
Wycoff, with full permission to publish
1t broadcast. Horning's examination
was set for Thursday, July 2S. The
day previous District Attorney Fred
ericks sent for Wyeoff and stated that
he wanted a continuance of the case.
Wycoff objected and after some dis
cussion Fredericks admitted he did not
expect to make the charge of murder
stick, and stated it had been brought
for the purpose of holding Horning
pending q review OF Judge Hughes de-
cision which had restored Horning to
liberty. Wycoff then asked Fredericks
whether, if they consented to con-
tin1ance, Fredericks would agree to
dismiss the murder charge. The reply
was that Mr.. North must be consulted
and North in his turn said he would
have to talk with the police depart
ment!
AFFIDAVIT AS ERASED
Nothing more was heard from the
district attorneys office and at 10
o'clock. Thursday, Horning appeared
for trial. The prosecution declared it
self entirely unprepared and against
the protest. of the prisoners counsel
an adjournment until o'clock in the
afternoon was granted. At that hour
an affidavit by Detective Boyd was
presented, which starts with the dec
iaration that Captain Auble was killed
when "said Fred Horning was with
said Sutherland engaged in an unlaw-
fuI business and enterprise" Follow
ing this come the typewritten words,
land was then and there on the way
to commit burglary" but these words
had been carefully crossed out-with
pen and Ink.
Notwithstanding this most signifi-
cent erasure the affidavit proceeds to
aver that "the proposed commission
of said burglary'-the one definite
charge so cautiously erased-was
'merely part and parcel of cam
paigna of crime, consisting or burg-
iaries. robberies and 1arcenies COM
mitted by said Horning and said Suth-
erland before the killing of said Capt
w. III. Auble." 1t states that material
witnesses are needed to prove the al
legged campaign of crime such wit
nesses being the Japanese, in con-
nection with whom the shooting of
Vervoort took place, and Sutherland's
widow. The prosecution not having
been able to locate these witnesses a
continuance to Saturday, July 30, was
granted.
DEFENSE NOT NOTIFIED
1t is an unwritten law, indorsed
alike by the spirit of fair play and
the most elementary demands of JUS
tice, that when a prisoner has counsel
such counsel shall be notified of any
formal judicial step the prosecution
intends to take against the accused.
Notwithstanding this our county au-
thorities hurry from court, without
giving Wycoff and Hammond even q
hint of their intentions, and using cor
rected copies of the commitment pa
pers that originally sent Horning to
Folsom, whisk their prisoner off again
for Folsom in an automobile CATCH
ing the 6 o'clock evening train north.
1t may be mentioned that Horning
had Wycoff's card and had been in
structed to communicate with him at
once should there be any unexpected
developments. 1t is evident that no
opportunity was allowed him, for the
first Horning's counsel heard of what
they boldly term his kidnapping" came
from The Herald
Incidentally one might remark that
Fredericks raised -piteous cry over the
fact he was not notified of the habeas
corpus proceedings in Sacramento by
virtue OF which Horning was released,
although the case had passed out of
his hands nearly two years ago and
was entirely out of his Jurisdiction
When he, himself, takes action here
he does the very thing to the local
attorneys of which he complained so
bitterly although then without juris-
diction.
Now then, you, good, easy-going
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