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Show BtGW TO PROSECUTION OF FRISCO G1FIFJS1 Witness Upon Which State Relied Re-lied Refuses to Answer, ami. Is Sent to Jail. A-yRA-N'CiHCrd'itiy 5. Thc'tljr orioiiB blow to the bribery-graft prosecution prosecu-tion was struck by the Louis Glass defense de-fense in open court today through Emlle J. Zlmmer; second vico-prcsldent and director di-rector of the Pacific States Telephone & Telegraph company, who first refused to bo sworn, afterward accepted thc oath and took tho Htaud, answered two or three unimportant questions put by Assistant District Attorney Honey, then refused to testify further. He was by Judge Luw-lor Luw-lor committed for contempt to the county Jail "for a term of five days and until tho question is answered." Under the law as Interpreted by the court Ihls means that Mr. Zlmmcv' must stay In Jail throughout the progress of th" Ulass trial or until ho signltlcs his willingness to testify. tes-tify. On Mr. Zlmmer the prosecution relied as its most Important witness against Vice-President Glass, accused of bribery. At thc time this crime Is alleged to have been committed, March. 1D0G. Louis Uass was acting as pros Id tint and genera manager man-ager of tiie Paclllc States company, owing ow-ing to the death of President John L Sabln. Before the grand Jury Zlmmer testified that Glass drew checks for the bribery monev claimed to have been paid to the supervisors, caused Zlmmer to cash thoin and Instructed him to give the monev to Agent Halsey nnd require from Halse'y no Voucher, merely carrying those thousands of dollars on the current expense ex-pense account. Vital Point Involved. .Mayor Charles Boxton has told the Glass Jurv thnt ho. as a supervisor, accepted ac-cepted SubOO from August Halscy to vote against an ordinance granting a rival franchise to the Homo Telephone company, com-pany, and on this and other strong foundation stone3 the prosecution purposed pur-posed today to reur the fabric ol Glass a guilt. , . . , , If Henev has other materlnl at hand to substitute, tho building of Ihe case may proceed tomorrow. But he refuses to talk. "S'i have no statement to make on anv point at this time." Is the way he put It to thc nowapapors at thc noon ro: cess. Neither would Delmas. leader ot tho forces of tho defense, say a word. It is admitted thrtt the action of Zlmmer pluces a powerfully persuasive argument In the hands of tho prosecution against tho time of argument to tho jury; bin. on the other hand, the question is heard: It Honey cannot replace Zlmmor. will not the defense have strong grounds on which to urge an Instruction tn acquit Zlmmor'i-. refusal to testify was based on this statement made by blur. "The grand Jury ha seen fit to indict several gentlemen on evidence that seems Insuftl-clont; Insuftl-clont; therofore. I have decided lo take tills stand In order to protect myself. Ho meant that he would avail himself "of his constitutional right not to bo made a wltnoys against himself." though hi rcplv t" questions by the court ho averred'-that he did not fear his answer might tend to subject hlmsoli to a felony prosecution, or that It, would degrade his character tho two grounds on which the law allows a witness thc right to refuse to testify. |