Assistant District Attorney Berry on the occasion of the dismissal of the indictments said on this point: “If the men who are involved in this transaction have transgressed the laws they are sowing the wind possibly which may reap the whirlwind by breaking down the institutions of the land. I regret exceedingly, if these men are guilty of the offense with which they have stood charged here, that they cannot be convicted. I assure the Court and I state here that it would be my purpose to follow these cases, if these defendants are guilty and the evidence were had, to the uttermost in order to bring about the ends of justice. It is no doubt in the minds of the community that where men of prominence and where men of wealth are concerned, and are brought before the bar of justice and justice is not had, that those who are less fortunate in influence and means are thereby made to feel and believe that this is not a government for those who stand before the law equal with those who stand with the tremendous power of influence behind them.”
The seven Justices of the Supreme Court took no less than four views of the points raised in the Glass case. The majority opinion was written by Justice Henshaw, and concurred in by Justices Melvin and Lorigan. Chief Justice Beatty concurred in the judgment, but not in all the particulars of the opinion. In signing the decision, the Chief Justice adds: “I concur in the judgment of reversal and in most particulars in the opinion of Justice Henshaw. I shall, if other pressing duties permit, present my views in a separate opinion.” (See 112 Pacific Reporter, page 297.) The dissenting opinion was written by Justice Shaw and concurred in by Justice Angellotti. A third opinion was written by Justice Sloss. Justice Sloss, after defending the single point in the majority opinion in which he concurs, concludes: “On each of the other points discussed in the opinion of Justice Henshaw, I agree with the dissenting members of the court (Shaw and Angellotti) that no prejudicial error was committed.”
The fourth opinion, which the Chief Justice intimated he might file, was not filed.
The following from the San Francisco Call of August 2, 1912, indicates the completeness of the triumph of the defense campaign:
“Mrs. Theodore Halsey, wife of Theodore V. Halsey, appeared before Superior Judge Lawlor yesterday morning on a bench warrant in the case of Louis Glass, indicted for bribery in the telephone cases growing out of the so-called Graft Prosecution. She was in court to explain the absence of her husband from the State, whose appearance is wanted if Lawlor orders Glass to trial.
“Attorney Bert Schlesinger appeared with Mrs. Halsey, explaining the bench warrant was void inasmuch as Mrs. Halsey was not a fugitive. He said he did not wish to impede the trial in any way and would allow her to answer any questions propounded by the Court.
“Lawlor asked Mrs. Halsey, through her attorney, where her husband was. Mrs. Halsey was not compelled to take the stand. She said Halsey left San Francisco six weeks ago because of ill health, going to Nevada, and that she has not heard from him in a week.
“Assistant District Attorney Berry said a motion was before the Court to dismiss the indictments pending against Glass and he wished to know the Court’s intention. Lawlor said he believed Halsey and Emil J. Zimmer, who is said to be in Europe, were competent witnesses against Glass, and it was his duty to try Glass again. He said the result of the former Glass trials showed Halsey had knowledge of the source of the bribe money and who paid it to the Supervisors.