San Francisco Call, Volume 104, Number 37, 7 July 1908 — WIRELESS PHONE CASES DISMISSED [ARTICLE]
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WIRELESS PHONE CASES DISMISSED
Three Defendants Held Not Guilty of Fraud by United States Commissioner
Witness Tells of Success of Pro* fessor Jahnke, Who Is Still on Trial
The indictments against J. B. Allen, Dr. Bardach and M. P. Allen of the Oakland transcontinental aerial telephone and power company,' who were charged with- using the mails or a scheme to defraud, were dismissed yesterday by United States Commissioner Heacock. The hearing of Prof. Albert Jahnke, the inventor of the wireless telephone advertised by the company, and Wade Hampton Shadburne was continued yesterday afternoon before Commissioner Heacock. - . .. ยป
Attorrfey Bert Schlesinger made a strong case for the defense and several witnesses were called to testify to the successful demonstrations which had been given by Professor Jahnke. Schlesinger offered a. motion to dismiss the charge against Professor Jahnke. A spirited argument ensued between the attorney for the defense and Assistant United States Attorney McKinley and the motion was. overruled.
Frank Carmody, an electrician of 15 years' experience, now employed in the mint, testified that he had attended a demonstration of Professor Jahnke's wireless telephone in Kansas City. Mo., in 1904, and .communicated articulate speech without the aid of wires from Kansas City to a place seven miles away. Carmody said that Jahnke had the right principle and that If a person could talk one mile he could communicate for a distance of a thousand mile 3 if the instruments were strong enough.
The defense also proved that Jahnke had expended $10,000 of his own money in perfecting his invention and that he had received but ?600 from the Oakland company for his services.
Attorney Schlesinger argued that the charge against Jahnke be dismissed on the ground that it had been clearly shown that his invention had been found to be a success. He cited decisions of the supreme court wherein the court stated that it was not in the province of a court or jury to say what might or might not be done in the realms of science. The government has concluded its case and the defense will be continued this morning at 11 o'clock.