Los Angeles Herald, Volume 36, Number 331, 28 August 1909 — NAME OF REFORMER TERRIFIES [ARTICLE]

NAME OF REFORMER TERRIFIES

Broadhead Attorneys Gasp

at "Woolwine"

DEPUTY FORD SPRINGS MINE

UNDER DEFENSE

WITNESS KPrW NONPLUSSED BY

UNEXPECTED QUESTION

Sudden Injection Into Case of Mention of Former City Prosecutor Who Quarreled with Fredericks Astounds All

AT the first question involving the name of Thomas L. Woolwine, former city prosecutor, in the cross-examination of J. Edward Kern yesterday afternoon by Deputy District Attorney Joseph Ford, a striking change came over the witness and counsel for the defense., Apparently there had been no suspicion up to that moment that Woolwine, after the amenities which passed between him and J. D. Fredericks last fair, would be called by the prosecution,-but the questions, laying a foundation for the impeachment of the witness, Kern, by testimony which Woolwine is expected to give, showed clearly that he is to appear. The mariner M the witness, which up to that moment had showed only occasional anxiety, changed swiftly; he flushed and paled by turns as the questions were asked, and the answers were : low in coming. His eyes, widened with apprehension, roved restlessly about the courtroom while tb< deputy, district attorney was speaking, and during the time taken up with all manner of objections interposed by counsel for the defense, but he always looked at Rroadhead's attorneys at the conclusion of each question. Broadhead's Counsel Nonplussed I The witness displayed no halt* In answering Uie questions at any time, vet the counsel for tho defense seemed obsessed with a fear he might answer too quickly. Thi-iH sarcastic smiles had disappeared, their lazily complacent attitudes, lounging back In their chairs, had been abandoned. Frantically they waved their hands at the witness to keep him quiet, that they might maKe their objections, giving him further time to collect his thoughts. Appel forgot the previously uttered Injunction of the court against his muttering In the courtroom, and even dignified McKinloy, usually so observant of the niceties of court custom, once so far forgot himself In his anxiety as to begin blurting; out a question to the witness. He got only so far, however, a«, "But you—" when he remembered that the witness was In tho hands of the prosecution for cross examination, and checked himself with a cough of confusion. A preliminary question was asked by Joseph Ford. preparing for tho sensation ho was about to spring. "Mr. Kern, were not many complaint*' made to you as chief of police about those crib houses being allowed to run there on Commercial street west of Alameda?" t "Very few," answered Kern serenely. Ford seemed to draw a long breath, and smiled a little. Then he asked sharply: "Did not Thomas H. Woolwine make such complaint to you?" There was ■ great quiet In the courtroom, accompanied by swift changed of expression and attitude on the part of the Interested persons gathered there. Witness Parleys for Time "I—l think so," stammered the witness at last. "Did not Woolwlno complain to youof those houses on Cammereial street east of Alameda?" insisted Mr. Ford. After the waving of hands by counsel, objections to the question on the ground that It had been "asked and answered," and on any other grounds that occurred to counsel, and the overruling of the objections by the court, the witness, rallying a little, replied: "He wanted such places closed all over the city." ' , "Did not Woolwino tell you that the. houses—those red brick cribs—must bo closed, and did not you say to him that you would not close them because it would scatter the Inmates all over the city?" , Kern's blue eyes were staring wildly, and his, big linger! clawed nervously at the arms of the witness* chair. "I don't recall it In those words," he. mumbled. ' Ford refused to be satisfied with such an answer, a.nd in the face of further objections, In which the defense claimed the ground had been gone over, ho persisted, demanding a definite answer to bis question. "The conversation was largely personal," said the witness, , plaintively, "between Woolwine and myself—what he thought and what I thought." Ford rose to his feet and stood for a moment gazing at the witness with a sternly speculative air. Then he asked, very Mlo\£)y, very decidedly: . Recalled Some Things •■Hill not Woolwlno tell you those rod brick crib houses, the so-called 'municipal houses,' must lie closed, ami

did you not tell him that you would not, C Kern shifted his position and got a new grip on the furniture. "I don't so recollect," "<• answered. "Did not Woolwine again, on noter occasion, ask you to close the bricks and did you not tell him then that you would not do bo, as it was not the policy of the police department to do so, •■I recollect some of the things mentioned in your question, but not others," Kern replied. a t.on occur?" "Did not that conversation occur, demanded the deputy district attorney. "Nc>t in full," said Kern. "What part of it did occur? 1 " Kern floundered and was unable to BtSo ß'lt went on, sharp question and evasive answer, with the atmosphere of the court room grown electric with the tensity of the situation. Appel « expression was that of some strange gnome, grinning on a grid; McKlnley seemed to have lost the power to smile, and watched with manner alert, keen eyed, for every chance to miti,at« the .situation for.the defense by objection or argument against the Harper, asked. at the w.ndow by the Harper seated ai the window by the clerks desk, stared straight him, his grown permanently red and hlnated In the nast few month- .inc. the triumph of the. recall-took on a purplish hue which accentuated his appearance of dissipation.. The Jurymen, for the most part, appeared somewhat bewildered. Seemingly the name which.caused so much consternation has not been so familiar to them as it is likely to be before the end or next week, or they are DO aware of the relation of that name to the men and events involved in the trial of Thomas H. Broadhead on a ch»re of accepting a bribe for protection of those red brick cribs. In which they are to .11 In judgment upon the defendant when the case finally Is submitted "them. But all of them snowed ■i realization of the tensity of the situation, whatever the ultimate" meaning of It all might be. Witness Evades Question "Did not Woolwlne tell you if you refused to close those bricks in the redlight district on Commercial street east of Alameda." continued Ford Inexorably "he would do it himself, and did you not ask him not to do it, and 1. vii- i,,. did take such action you wanted Him to wait until you should 'opt back from the east I.' "1I didln* I "No," said the witness. "I rid not ' H Kk n m not to close them, but 1 boTievo I did tell him if he was going to take any action to take it while I was i Questions as to ability of the chief and the police department to close the n Hi-fis In Question at one time or ano nor "ore asked, bringing answers from the chief similar to those made by patrolmen and others on preceding day. of the trial, regarding «vidence" or the lack thereof. "what was the difference In conaitlon. between the time you had these conversfttlonH with Woolwlne, in June, IBM and Minust when those places v „. ." ... ■/•• Ford asked. The Quesionw s fiercely objected to. hut the witness wan Instructed by the court to a "^t ewas a difference in the attitude of the city attorney." From that point forward to the c d of the cross examination along that line i he witness was hopelessly tangled Under questioning^ admitted he had thought Woolwlne had charge of the social evil question at the time of the conversation with him. in August, he testified a few minutes later he was told by the city attor---- that he. Mr. Hewitt, was the man to look to for orders. It was soon after. that. the final closing of the Oswald redlight district took place. No Orders from Hewitt . "Did you. then, receive orders from .Mr. Hewitt on August 20 to close those places?" asked Ford. "I never received any orders from him at all." answered Kern. "Then you m«an to say tha,t you refused to take orders from 1 Mr. ■Woolwine when you thought he had authority, and acted I" accordance with those orders when, as you say, you found he had none? Wan that the difference you say existed in the attitude of the city attorney?" ' ' ■•I don't just, catch the \glst of the question, " said Kern helplessly.

"it was read to him. ' I don't think Hewitt ever told me Wooiwino had the authority," waa \,ln;t he offered as ;in answer to it. Further crosi examination of j. jedward crn was devoted to questious regarding his testimony before the grand Jury, which showed ii]>parent contradiction of statements made, lv. answer to Questions on cross-examina-tion yesterday. He admitted the testimony but insisted on making the explanation: "It wan at an exciting session of the. grand jury, and I may not have paid s I much attention to the question, aa I should, l don't think I understood Just what all of them were." Asked to point out the questions he lad misunderstood, and in regard to which he wished to change hits testimony, he looked over tin? grand Jury transcript and shook his head in troubled fashion. , "I guess that was my belief at that time," he decided gloomily, and in answer to a final question, as the judge, with his eye on the clock, was preparing to continue the further trial of the Broadhead case until Mondny mornlng, j. Edward Kern signified bis willingness to let the testimony stand unchanged. Check Is Excluded Just before the former chief of police Waa called to the stand after the noon I recess the defense asked permission to j call a Witness out of turn, and, reI eeivlng it, put Charles 11. Toll, vice president of the Security Savings bank, on the stand. This witness was shown a cashier's check, drawn In favor of Dr. Stunner J. Quint, and asked if he had issued It for Thomas H. Broadhead. He said lie had done so. At this point objection was made to 'the Introduction of the check, on thn ground that, as a mere action of the defendant himself, it could have no relevancy. Attorney Appe] stated the matter would he connected up, and that it was designed to show that Dr. Quint had loaned $1500 to Captain Broadhead in, Außiist, 1908, and that the check the <li tense sought to introduce was given In repayment of the loan. Joe Ford saiil the prosecution holds that the note to Dr. Quint is a subterfuge, designed to account for the possession by Hroadhaad of the money he took from his safety deposit box the day the redllght district was closed. when the grain! jury was In sesion. and gave it to Alexander Aikinan for a check. "The mere showing of a cashier's check, wrawn August 26, 1909, cannot be held to prove that a genuine note was made a year before," he declared. The court sustained the objection, ami the check was not admitted In evidence.