The San Francisco call., 1910-05-05
DETWILER TRIAL
PROMISES TO BE
ALONG AFFAIR
Attorneys Viii Attack Validity
of the I3 Separate Indict-
ments in Every Way
Defendant Is to Be Arraigned
This Morning in Judge
~. LawIOr'S Court

LawIOr's Court
: Aoram h- Dctwilcr OF Toledo, former
Vice president OF the Home telephone
4empany, who appeared like phantom
nissan Francisco Tuesday, after three
.Nears OF fugitive wanderinss, and an
liounccd that he was ready to face
fmibery indictments returned against
bim here al the time the graft prosecu-
s.tioD was in fun swing. viii he ar
caisued this morning in Judge Law
Tors court.
=. Tn The absence of District Attorney
. 4ickert who was out Of the city yester-
day. d. was announced from his Office
.&aat Detwiler viii be arraigned this
.anornins on an the indictments that
pending against him. This VIII be
anue for the reason that there has not
. 60eu adequate time since his return
..fnr thorough study Of the evidence
zSaiust him in the various cases, and
SO decision has been reached by Flick
-art as 10 which case viii be selected
'<.r the first trial
MILL Ask FOR TIME
There is no chance Of any progress
.1r. amy OF the cases today beyond the
-4Iere arrai gnment of the defendant
attorney ". ". kaufman, who viii
-s-t as Detwiler's chief counsel, an
1auuccI Yesterday that he would ask
FOR rle statutory time to plead or move
before taking any steps in the matter
and that he would then attack the in
Jictments on technical grounds. as has
lcen done by nearly every defendant IN
11e Sraft trials.
-. Following the arraignment today or
= . counts the cases probably viii be
continued until some time next week
40 plea viii be entered until every
technical objection has been exhausted
and the preliminaries undoubtedly Wll
consume several court days.
Kaufman said Yesterday that his frs
stem would be to- move 10 set aside thu
indictments. and in addition to the
technical points that will be raised II
-tlis connection lc viii advance three
distinct points as basis Of argument
HIS first contention, similar to that pu
forward in several of the other graf
cases, is that the indictments are de
fective because of the presence in th'
Grand jury room OF Francis J. Hene1
at the time of the investigation whicf
fed TO the finding of the true bills
+
.eraI commission at the time he wa:
ecting as assistant district attorney o.
this city and county, i'm violation of
constitutions provision TO the effec
that no federal official can hold a stat,
office.
SECOND POINT OF ATTACK
Eaufman's second point of attack
VIII be that the indictments returned
Gafust Detwiler do not contain the
smes of au the witnesses who were
.Eamiued i'm the Home telephone in
gairy. as a result OF which DetwileI
was indicted. He declared yesterday j
t7aI his study of the case had con-
WINGED him that many of the witness
aarles were not put upon the indict-
--Ueut and that he considered this omis-
sion "a fatal defect. Kaufman also viii
advance the argument that the Is in.
.Jilctments against his client charge tn,
same crime, and not 13 separate anC
distinct crimes.
J. The last point mentioned is also on,
riTon which other defendants in tn,
graft cases depended, but in every in
,,-- anre the contention was overruIed bJ
1.-The trial court and the question ha,
neFer been passed upon by the supreme
.-raurt Although the indictments SCI
forth practically the same facts con.
corning the alleged bribery Of super-
N l3ors Tor the purchase Of their votes
.n connection with the passage Of the
1l'.he Telephone franchise. a different
Ecr'isor is named i'm each Indictment
.~ the recipient Of the bribe.
l1efwiIor remained quietly YESTERDAY
ii" hotel, and Kaufman said in his
'c1a'f that nothing more would be
.-iFen out either by him or bv his al
-orrcEs reEar riding the details Of his
Hanoerinss during the last three years
F.iio hc has been under Indictment
HHI fugitive from Justice DetW-iIer
. was put under $40 600 bonds Tuesday
and announced that he would remain
in San rancisco until he had been
:tued and "Eindicatcd"
PROMISE OF LONG TRIAL
g. llaufman's statements yesterday give
promise of long trial. sprinkIed with
every available tcchnicslitv. Just as
ftcre aU the other graft trials Vim
.dtcatlon lis 10 be sought. just a s il has
:. been in an the cases growing out OF
the graft exposure, through the most
ronuous kind Of an extended legal
-,attIe.
Despite Detwiler's positive declara
ton Tuesday that his hiding place
sftcr the bribery indictments were re-
turned against him in this city had
been in Europe. dispatches yesterday
from Tulsa. okla, were to the effect
mat from a time beginning about a
year after his indictment he lived in
Tulsa for six months under an assumed
name. IT was reported that while in
Tulsa he made every effort TO keeI
his identity 4 secret. but that while in
recognized by \ former eastern ac-
uuaintauce while on A visit to the
office Of . Tulsa physician.
Judge -. J.. sleeper of Tulsa is said
10 have attended TO Detwiler's legal
affairs while he remained in the Okla
aoms city and 10 have been i'm con-
stant communication with Detwilers
Toledo associates in regard to his gen
eral business affairs. Furthermore
Judge Sleeper is said to have made
several trips TO this city and Los An
seles IL Detwiler's behalf.
According to the Tulsa dispatches
Dctwiler remained there until about IA
months ago, at which time he left for