Stockton Independent from Stockton, California • 2

STOCKTON, CALIFORNIA DAILY INDEPENDENT, THURSDAY MORNING, SEPTEMBER 13, 1928. Riecks-Coates Defense in Battle Over Testimony (Continued from Page One) baton and Cutting appraisals with Fontaines money. Coates said the first time Fontaine ever paid him any money was on June 7. He said ho was given two 100 bills as he recalled It. He said he didn't have the money and couldn't toll the jury where it might be.

He said that he had no intention of using this money as evidence Against Fontaine since he couldnt arrest Fontaine as he was not an enforcement official and that therefore he couldnt get Fontaine in a trap where Fontaine could be arrested and the money identified, consequently it was worthless as evidence. Coates gavethe same answers regarding sums alleged to have been paid him by Fontaine on June 18. Cross examination of Coates is scheduled to continue at 10 oclock this morning. cross-examination. Coates said he acted as undersheriff under two different sheriffs.

A large part of preliminary cross-examination dwelt with all meetings with Fontaine by CoStes beginning with May 29. In this cross-examination two hitherto unmentioned meetings were detailed by the supervisor. Coates said he saw Fontaine on the 3rd of June in front of Eden Square apartments and took him down to the Guernsey place in the delta. Coates said that he again saw Fontaine on June 8 in the detectives office. Coates said the principal query was in regard to appraisals and also dealt with Fontaine's request to trim tho district attorneys budget and get in touch with the sheriff.

Coates could not recall the exact introductory words used in the May 31 conference with Fontaine. He said in response to queries that he might have said he had a slight cold, but could not recall any reference to a trip to San Francisco. In a question regarding what Atherton was referred to in land deals, Coates said he did not mean George Atherton, but Warren Ath erton, who owns most pf Atherton Island. In the May 3 1 conference, Coates said, We were talking about two different pieces of property. ASKED ABpUT BOGGS Wetmores cross examination went into Coates conversation anent State Senator Frank S.

Boggs as quoted by prosecution witnesses. Coates said that in speaking of having been opposed in his last political campaign, he was speaking entirely of the opposition given by Hicks, manager of the Boggs apartments, explaining why he had never gone there. Asked as to whether he ever made the remark to Fontaine, Well old Frank takes a drink when he is with his friends, he is stepping a bit, Coates replied that he might possibly have made such a statement. Coatos denied that he had ever said that the way to tie the district attorneys hands was to cut the budget so he couldn't He said that he had said something about the district attorneys budget being high, and bhat he might have said something about the board chopping down the bud get but that this wasnt bo that the sheriff couldnt operate. He said that he may have made some remark about the board having held up the district attorneys claims and that tho board was refusing to honor Constable Jensens claim.

He said he remembered Fontaine's question as to whether there were not a number of little constables down the river who might 'make trouble, but said, that he replied he didnt know anything about them. Coates said he had described the district attorney as being yong and ambitious and liking to see his name in the paper. He said that he had said something about Clark being dirty, and about one of Darahs men being sent to San Quentin. BULLING FONTAINE Coates said lie went ahead with the appraisals merely to bull Fon-taino along. He said that he had no intention of making any sale of land to Fontaine but was trying to bull him along.

He said I went ahead with this only to keep Fontaine from. becoming- suspicious. 7 lie said he nald te BUILDING PERMITS George F. Buck, remodel, 80 West Weber, $500. Mrs.

Mary Hodgkins, remodel, 325 East Flora, $300. Bam Carllni, garage, 845 West Taylor, $100 lowed to tell the details of his interview with Sheriff Riecks on June 1. RIECKS TALK ADMITTED Coates said: I met the sheriff in his office. We were alone. I told him there about this man Fontaine.I told him of his purported plan to run rum in here from Vancouver, Canada, and how he was apparently trying to lead up to try to bribe me as chairman of the board of supervisors and to bribe the sheriff.

I said I thought the man should be trapped. llie sheriff replied, No, I dont think this should be done. This seems to me the same wild man that Len Honey told me about and it looks too much like a trap of the district attorney. I said, Bill, the situation is too important to allow this man to escape. We should trap him.

The sheriff said, Go ahead and Ill back you up when its ready. Coates said he took $200 from Fontaine on June 7 but not as a bribe merely to play along with him until the sheriff should have an opportunity to arrest him." Coates denied he ever said the sheriff wants his quarterly. Coates said he asked Fontaine to meet the sheriff at his (Coates) home. Coates said he tried to get Fontaine to his office. Coates said that he wished to get Fontaine where the latter could be arrested for offering a bribe.

Coates denied telling Fontaine that he had contracted a cold going to San Francisco, apd said that he hadnt been away from San Joaquin county since May 5, when he returned from treatment at a sanitarium at Santa Barbara. Coates denied having asked Fontaine to go out to the Shady Tree or any place of that kind. Coates denied having ever told Fontaine that the sheriff was collecting little stuff around the county. Coates said he declined to go in with Fontaine on a 50-50 split on an option for property. Pictures, Coates said, were taken of delta property at Fontaine's request and expense.

Coates said: Pictures cost $23.50. Fontaine gave $25 to me. I didn't have the bill with me, so the next time I called, I gave him the change. He didnt want to take it, but I told him it wasnt my money but his, and forced it on him. Jacobs asked Coates if he didnt make an attempt to get in touch with the sheriff on June 16 in reference to the conversation with Fontaine that the sheriff would be out of town that night in Sacramento Attending a function in hon-of Congressman Charles F.

Curry. CARDS GIVEN RIECKS Coates said yes. He said that he saw the sheriff that day in company with C. P. Rendon and that the sheriff said Here another storm of argument broke loose which wfas quieted when it was explained that Coates called the sheriff into the hall and had a conversation alone with him and that Rendon was not involved.

At this time, it was said that the supervisor had told the sheriff that he must see Fontaine, that Fontaine was getting impatient and that in order to lead on Fontaine there must be some report made. He said that the sheriff replied that he was in the midst of an important conference with Rendon and was going to Sacramento that night and that he had no time to talk. He said that he then gave the sheriff the introduction cards given him by Fontaine and inscribed by himself in Fontaine's presence. STUCKENBRUCK CONFERENCE Coates also attempted to tell of his conference with Supervisor Stuckenbruck on June 4. He said that they met in a private room in the courthouse.

Here the objections were introduced that this was an attempt to Inject self serving testimony by means of a third! party and the objection to quoting the conference with Stuckenbruck was sustained. Coates told of calling up Sheriff Riecks on June 22 following a morning interview with Fontaine. He said that the sheriff was then busy but promised to come over to Coates office as soon as he was through. He said that the sheriff came there at 4 oclock and that he told the sheriff. Bill, we must get action on Fontaine.

I have already taken three payments and we have got him to the point where you should make the arrangements that will lead to his arrest. I want you to go over to his office now. Coates said the sheriff replied, Til go over now and see If we cant get him. DIAMOND RING FIGURES Coates diamond ring, dwelt upon by prosecution witnesses partially as a mark of Identification and partly as the subject of remarks by Fontaine, was the subject of questions addressed the supervisor in direct examination. Coates said he bought the ring in 1913.

Jacobs then asked: You didn't buy it then out of any of the fa-buious sums Fontaine Is alleged to have been going to give you? An objection was made at this point that the ring was irrelevant. A further question by Jacobs the act of offering the latter a bribe. 4. That on June 4, Coates told Supervisor J. W.

Stuckenbruck full of the affair and that Stuckenbruck advised to go ahead and arrest that man. 5. That on June 22 that Coates arranged for Riecks to make the "contact with Coates which should "result in Fontaine's arrest. 6. That both sides were working toward the end of trapping the other with a bribe and had the sheriff had a moment in his favor, Fontaine would have been apprehended on June 27, when this case came to its climax.

COMPLETES DIRECT Coates on the stand yesterday had completed direct testimony and had told of all his conversations with the sheriff anent Fontaine. His attempt to tell of the conversation with Stuckenbruck was ruled but by the court with the prosecution objecting that this would be self serving testimony introducing a third party. In his testimony he had detailed three Interviews with Fontaine which had not been revealed by prosecution witnesses. The trial was the scene of long legal arguments which monopolised most of the time. Coates was put on the stand after testimony of four other defense witnesses who sought to tell of Fontaines hurried flight on June 27 was stricken out and the defense had dismissed them with the understanding that they would be called again after foundation had been laid to show why FontaineV flight was material In reference to the defense case.

Elmer R. Olsen, tailor, 829-50 Bank of Italy (formerly Commercial-Savings) building, was the first defense witness called. W. R. Jacobs asked, Did you see a man come down the fire escape or about the 27th day of June? Frequent objections here- were ultimately sustained, despite a statement by Jacobs to the court therein he stated: We expect to show that when Fontaine and Riecks were in that room, each one was expecting to be arrested.

I expect to show the hasty, precipitous flight of Fontaine for the purpose of showing his mental attitude during the conversation. Charles A. Wetmore said: The only intent material in this rise-is the intent of the defendants or of the witnesses. Fontaine is a defendant or a witness. Olsen was excused from the stand.

John Whorton, 927 South Com-; merce street, assistant superintendent of the Bank of Italy building, was summoned to the stand. He testified to an Inside fire escape being located in the center of the building. He testified that an outside fire escape also went down the building. He said he saw Fontaine pass through a room on the second floor. Objections here as on the previous witness were sustained.

Whorton was excused. Miss Lorena Johnson. Stenographer, Northwestern Mutual Fire association, Bank of Italy building. She said she was In her office. She said she first saw Fontaine on June 27 In the hallway.

Objections were made to the materiality of her testimony and it was stricken out. She was excused. TESTIMONY RULED OFT Marie Timmey, 916 N. California. said on June 27 she was doing maid service for FontaJne at his apartment in Eden Square.

Objections here were made. Jacobs said: We wish to show the lightening speed with which Fontaine gathered up his baggage after his precipitous flight on down the fire escape on June 27. We wish to show intent of both Fontaine and Riecks. Wetmores objection that Fontaine's intent not an issue was sustained. Jacobs said: We desire to reserve the right to bring these witnesses back on the stand when from other testimony the relevancy of these questions may be fully apparent.

After further questions with the same result she was excused with the testimony stricken from the record and defense privileged to make a later call. COATES TAKES STAND James Y. Coates took the stand. He said: He is 45 years a resident ef Stockton, 49 years old, and has been married 13 years. He said his wife Is present in court and pointer her out.

He said he was undersheriff un dor Sheriff Sibley in 1910 and also under Sheriff Reicks up to 1911 He testified as to his present capacity as chairman of Pan Joaquin VDoard of Supervisors. He told his Occupational history In Stockton. Coates said he first met Fon taine on May 29. He said that he went up in response to a telephone call. Objection was made by Wetmore that prior interviews with Fen taine were inmaterial.

Jacobs contended the prosecutions testimony referred to yesterday in detailing alleged entrapment of May 31. The supervisor was allowed to proceed. Coates said the phone call came The San Joaquin Valley Building and Loan Association is announcing the opening of its new offices at 11 South Hunter street on Sat. urday, September 15, when the public will be. afforded an opportunity to inspect the modern plant in the afternoon 'between the hour, of 2:30 and 5 and from 7:30 to 10 in the evening.

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fuel seo Sheriff Riecks then. This brought forth more than an hours legal argument. Wetmore argued, quoting decisions, that the defendant cannot make a declaration of plans made previous to acts to serve as a justification of commission of a crime. He argued such declarations are self serving and therefore not ad-missable in evidence. Mazzera argued, quoting decisions, that statements by the defendant made prior to or to third persons are admissable to show intent, motive or design.

When the testimony resumed Jacobs askod: Between you- meeting with Fontaine on May 29 and your next on May. 31, had you formulated any plan to catch him? Coates, Yes. That plan, Coates said, was to lead Fontaine on and finally trap him for giving bribes. Coates said he did not see the sheriff between May 29 and 81. Coates said he had a conversation with Fontaine on May 81.

ASKS ABOUT DIST. ATTORNEY Coates said that Fontaine asked if district attorney could be controlled, not whether he could be touched. Coates denied telling Fontaine he had sold wlno up in the hills. Coates denied saying on May 31 that the sheriff made any collections of money. He denied he said the sheriff was getting rakeoff amounting to 20 per cent a month.

Coates said he thought Fontaine was put there to trap either me or the sheriff at the instance of the district attorney. Objection to a further question as to why Coates should think the district attorney was trying to run a game on him was sustained by the court. Coates declared that on May he did not believe Fontaine had any sincere desire to buy land through the supervisor, nor that he actually had connections with a rum running ring from Vancouver, Canada. Coates said he did not believe that Stephens Brothers building any vessel for Fontaines use. VISITS ISLAND Coates testified that he went to Rough and Ready Island the day following the May 29 interview with Fontaine on May 30.

He saffr that there he had a conversation regarding Fontaine. Coates wasnt allowed to tell what this conversation was about on objections of the prosecution, but Jacobs asked if that conversation did not reaffirm previous suspicions about Fontaine? Coates replied in the affirmative. Coates said that he continued, though, going to Fontaines office thereafter in order to lead Fontaine on up to the point where the sheriff might make an arrest. Jacobs then asked Coates to tell What you said in that conversation with Fontaine about pippins? Coates said without any objections being interposed, I told Fontaine that the district attorney had fallen for a woman down the line who was a witness in a pandering case and that the damned little fool had written letters and that I had seen them and Fontaine replied, If he likes women, we have lot of pippins on the string and we will give a party at the Palace hotel any time. Coates said there was conversation about cutting the district attorneys budget, down.

Coates said that at no time had he any intention of allowing money to influence his acts In an official capacity. Coates said he saw Sheriff Riecks in his office at the court house June 1. said no other person was present. He said they conversed about Fontaine. OBJECT TO TESTIMONY At this point the storm of argument broke loose again about constituted self serving testimony.

's Wetmore maintained that Coates could not relate any of the details of the conversation with Sheriff Riecks because this would be self serving testimony and therefore inadmissable. Mazzera argued that this conversation could show the motive, design or intent on the part of the defendants. Judge Buck said that he didnt know what the defense was trying to show and that groping in the dark without perceiving the points on which the questions were being asked, he might be unwarrantably sustaining objections. Mazzera said that all these questions were to show the chain of events throughout the whole period covered and that the defense was not bound down to specific days mentioned by the prosecution in Its presentation of the case. Judge Buck said that he failed to see the materiality of the apparently irrelevant and scurrilous testimony given anent the discussion of pippins.

Jacobs then outlined a sketch of the defense case. JACOBS OUTLINES DEFENSE He said: Tour honor, we are trying to show that in the interview with Fontaine on May 29 the defendant (Coatee) became suspicious that there was a plot on foot to corrupt publio officials and that he became more convinced of this when, on May 80, he went to Rough and Ready island to find that Fontaine had been there and that his Intentions were doubted. We will seek to show that the defendant (Coates) believed that Fontaine should be brought to justice and attempted to get in touch with the sheriff in order to unmask the plot. We then shall attempt to show that defendant (Coates), realizing the necessity of leading Fontains on, went back for the conference of May 31. We ehall then show that defendant (Coates) saw the sheriff on June 21 and In a Conference it was decided that Fontaine should be trapped giving the sheriff money.

We shall then show that defendant (Coates )in order to got Fontaine away where that trap might be effective. made every attempt to get Fontaine to call at his home, at his office, or at a park so that the sheriff In the presenco of witnesses might arrest Fontaine as he was attempting to bribe a public official. CONSULTED STUCKENBRUCK We shall show that on June 4 defendant (Coates) went to Supervisor J. W. Stuckenbruck and unfolded the entire plot; that sfuck-enbruck advised him to go on, and said, A man who would try to bribe public officials sheuld be arrested.

By all means go ahead with it and I wish you every success. We shall show that Coatee continued and kept trying to lead Fontaine on to the point where such an arrest might be made. Ws shall show that in another conference with the sheriff, on June 22. the defendant (Coates) said that the sheriff must see Fontaine and arrange a place where the bribe might be offered that would result in the arrest of Fontaine. We shall that the sheriff then made an appointment with Fontains on Coateo said he had ns other thought in mind but to ultlmaUly arrest Fontaine.

BEGINS CROSS-EXAMINATION Wetmore at 4:01 p. began The largest; can in theYVbrlcL The American Can Company has "success-tested this non H.nJLd h2 nt up to the office and "I knocked at the door. 1 was told to come In." Coates said: Fontaine told me of wanting to purchase property on' the river. Finally he stated he was a rumrunner coming up from Ban Francisco. I told him there were a number of places suitable.

Curing the conversation he stated be would and wasteful In stock market spec like to get In touch wirh someone and thcrcfoie prey for who could control the district at- Fomaine's purpose. also the sheriff I Jacobs said he wished to show aked me to see if could! that Coates was not a stock market touch with Air. AtTwrtoni gsmbler and that the only bank relative to his land. I stepped to the stock he ever owned was that left Jacobs said that the sfate-ment had been mad" that Coates spoke of bonk stock iosscs and that the defense was counting on the possible prosecution argument that Crates was expensive in his tastes I was: Did you ever have any bonds I ock. that you did not Inherit from your father?" As similar objection was made here and finally sustained, although that he was morrlv Fontaine on.

oatrs snid that Fontaine abeo lutoly refused to met him any him by his father. Coates said he took no money with any intention of allowing It to influence his official actions. Coates reiterated his statement trying to lead A FEW of the Other Successful Firms Using Union: West Coast Air Transport Company Bastanchury Ranch Company California Fruit Growers Exchange Canadian Merchant Marine Inc. Pickwick Stages California Packing Corporation Aero Corporation of California Los Angeles Steamship Company Overland Fruit Transfer Company Durant Motor Company of Calif. Hammond Lumber Company, Paraffine Companies Inc.

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Atherton was In. But lie was not. I toft word fur Atherton to me tu my office. SAYS SUSPICION AROUSED Coates said that his suspicions of Fontaine Were aroused in this interview and that it uppeared to; him that lontainc wua lead up to bribing public officials Juno 2 7. whhh as hoped mignt lead to the man arrest.

Wo phali show that this whole case reached its climax on June 2 7. whea both sides were attempting to trap brother on plans vhi-rh were bing faithfully followed. We shall show that had one moment been favorable to the sher'ff, if a second hud hoeiv. in the sheriff's favor. Contains would have been approhund-cd District Attorney Guard C.

Par rah here asked if the same defense would be that of Sheriff Riecks. Mazzera declined to answer. Following this Coates was aJ- othr place than at the detective's office. riatPS said Pher'ff Riecks. in response to telephone call, came to Coates office and that there in the private office of Coaxes a little before 4 o'clock.

June 22: said. 'Bill, this Fontaine matter hn got to he token care of. I mV taken three payments now and you will have to go up there and got this man. Riecks said, All right. Ill go on rJrht up.

and I thought if he was that kind of a man he ought to he followed through and arrested. Coates was faked if he went to NON-DETONATING I A UNION.