The daily monitor leader., 1945-07-10
Hearing
(Continued from Page One)

CallenS, clearly, placed en-
phasis upon what he termed his
right" to counteract one Sec
ton of the injunction petition in
which doubt was cast upon the
weight of evidence which
prompted Parent to issue a war
rant for MacPherson's arrest on
May II in the face of studied
opposition from the prosecuting
attorneys office.
The oil man is at liberty on
bond pending appearance for ex-
animation before Parent on the
warrant which Hugh H. Neale
and Larry Davidow, attorneys
for Macpherson, charge was IL
legally issued and is therefore
invalid. They have sought to
prove a variety of imperfections
in Parents action including ac-
cusations that he is powerleSs
as a justice, inasmuch as he left
the city for several months last
fall for his health. They insist
that his office was automatical-
ly vacated by his removal from
the city despite the fact that de-
fense counsel has proved that
Parent was accorded permission
by the city commission for that
leave of absence.
CHARGE CONSPIRACY
Davidow and Neale have,
likewise, sought to establish that
Callens and Parent "conspired'
to achieve MacPherson's arrest
and prosecution in violation OF
statutes which prohibit an at
torney representing individuals
connected with civil action
participating in a criminal ac-
ton against the same persons.
Callens, as attorney for Bald
wins widow, has on file a suit
for $4,000 damages against
Macpherson.
The multiple ramifications OF
the case include MacPherson's
arrest shortly following the IA
tai crash and his examination
before Parent on a warrant
recommended by Held charging
him with leaving the scene OF
fatal accident; the same charge
appearing on the face of the new
warrant issued May II OF this
year by Parent over Held's OBJ
jections.
The first warrant was dismiss
ed June 2, 1914, by Circuit
Judge Alton H. Noe after Dav-
idow had pointed out, -among
other things, that the warrant
had been improperly drawn.
The dismissal was, however,
without prejudice" thus leav-
ing the road open to proper re-
issuance at Held's discretion.
The prosecutor has consistently
declined to authorize a new
warrant since that date on the
grounds that Il do not believe
| could obtain a conviction"
In his brief appearance on
the witness stand Monday, Mac
Pherson .contradicted himself
flatly when, Callens asked him
where and how he had con-
ceived the idea that he had been
conspired against.
Macpherson said that, since
widespread unfavorable pub
licity became apparent, he as
sumed a conspiracy existed.
when did that unfavorable
publicity begin?" Callens then
asked the oil man.
About the time you enter
ed the case - few weeks ago.
Macpherson replied.
rs it not a fact that you had
been the object of considerable
unfavorable publicity long be-
fore | became connected with
the case?" Callens then de-
manded.
ADMITS SHIFT
Over the vehement objections
OF Davidow and Neale the
court permitted Macpherson to
answer. He said Yes"
Then you do admit that you
have changed your testimony"
Callens shot at Macpherson.
Yes" the oil man said.
Questioned by the court as
to the intent of his form of at
tack on MACPHERSON, Callens
sad: There are witnesses who
place this man in liquor estab-
lishments; until within three
minutes of the time the acci-
dent occurred. / want to know
when and why he reported his
car as stolen, sometime after
the crash occurred Callens
stated.
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