Los Angeles herald., 1910-07-31
Hearing Called but District At
torney Does Not Appear
to Try Case
TRIAL TERMED FARCE-C0MEDY
Young Mans Counsel Charges
Prosecutor ReScrted to
'0ddity of the Law

IIldl on any Iluruef C1dTRe. mat
much is certain. When his case was
called in Police Judge Chambers court
yesterday morning not a soul from the
district attorneys Office was in attend
ance, and the court stated 1t was in
formed that Captain Fredericks wished
the case dismissed
Hornings attorneys responded by
calling for the production of witnesses
against him; spoke in strong terms of
the "farce-comedy' in which they had
been compelled to participate; said
they considered the district attorney
had taken an unfair position; called
attention to the fact that at Thursdays
hearing the prosecution had presented
an affidavit in support of the murder
charge, which affidavit had been rep
resented as "made in good faith" and
wound up by declaring that the district
attorneys failure to appear was an
imposition on the court.
The murder charge was dismissed,
ending that particular phase of the
case.
Messrs. Wycoff &c Hammond feel
that, as Deputy District Attorney
North has published a statement, they
themselves have q like right, and they
have given The Herald the following
for publication:
STATEMENT BY MORNINGS COUNSEL
"Now that this farce-comedy has
been enacted by the district attorney,
we desire to say that we believe this
proceeding to be the greatest impo-
sition ever perpetrated on this or any
other court, in this or any other civ
ilized community.
"At the date set for the examination
of Fred Horning, District Attorney
North appeared and asked for a con-
tinuance, stating as his reason therefor
that certain proceedings had been
commenced before the supreme court
with q view of having the action of
Judge Hughes at Sacramento reviewed.
We objected to this as not proper
ground for continuance, and thereupon
the examining magistrate ordered the
district attorney to prepare the re-
Quired affidavit. District Attorney
North stated that counsel for the pris-
oner were taking an entirely too tech
nical position. Notwithstanding it was
their manifest duty so to do.
1.-THE required affidavit was presented
to the court, in which a lengthy pre-
amble was presented by the detective,
in which long pipe story was set
forth regarding a series Of crimes pur-
porting to have been committed by
one Carl Sutherland, and stating fur
ther that this affidavit was not pre-
sented for the purpose Of delay, nor to
defeat the ends of justice; yet the dis
trict attorney then knew, and subse-
quent events proved that he had no
intention of proceeding to try Horning
on the charge filed. This being mani
festly the case shall not we be in a
position to say the district attorney
had himself resorted to an 'oddity of
the law as he is pleased to charge
US with?
'oThis In view of their subsequent
without an opportunity to consult his
attorneys, which he has a right under
the law to do, and which In all fairness
they should have allowed him to do.
"Horning was taken to Folsom on q
commitment based on a corrected
judgment which did not exist, from
the fact that the judge had released
the prisoner on a writ Of habeas cor
pus, which was valid judgment until
set aside by a court of review. Con-
sequently this question must arise in
the minds of those disposed to see fair
play: why, If the district attorney
was positive he had not erred In Sc
curing the conviction of Horning, did
he not await the decision of the su-
preme court on the application for a
writ of review of the action of Judge
Hughes at Sacramento"
WANTED LESSER CHARGE
'If the district attorney was correct
in his contention, as he has placed
himself on record as being, what had
he to fear, save possibly this, that we,
as counsel for the prisoner, would re-
sort to some 'oddity of the law which
the district attorney might not be
aware existed2
1--WE further desire to say that we
were willing that the district attorney
should keep Horning here pending a
hearing by the supreme court, provided
some lesser offense should be brought
other than this charge of murder on
which no bail could be secured.
"If the district attorney feels that
this proceeding is in line with the duty
he owes the public as it's officer, then
we invite his attention to the published
letters appearing in The Herald, in
which certain citizens voice their SEN
timents in no uncertain terms. These
citizens are certainly to be compli-
mented on the courageous stand they
have taken for fair play. Also, The
Herald, which has always stood for the
under dog, and the officials of the
Prison Reform league, through whose
efforts the story of Fred Horning has
beeen brought to the public attention
"To those who have sons of their
own, to those who believe in fair play,
we ask that further effort be made to
assist this young man, who Is at pres
ent without means to aid him in his
fight for fair play. For ourselves, his
counsel, we ask nothing. What we
have done we did believing that Fred
Horning was not being treated in ac-
cordance with the spirit of the law,
but in a spirit of anything to accom-
plish our purpose