Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-12-06
The Grand jury Fails 10 Find Bill
Defendant Held ora his
BOMdS for PreSm1-
nnemt to the Next
Grand j Jury.
Remarks of the District Attorney and
tha f,ourt uDon thA Case

A. Fl Whitley was presented to the
Grand Jury, apd that body found and
returned into court not 3 true bill.
The jury spent several days in the
investigation Of the matter, and the
announcement Of their conclusion. by
the Judge in open court, was received
With q strong aud we'll marked mixture
of expectancy. surprise, like aud dis
like. just before the Adjournment OF
the court, Capt. Humphrey moved the
court to hold the defendant over on
his bonds until the case could be pre-
sented to apother Grand Jary, and
upon that motion the District Attorney
made the following remarks -
May it please the Court, this is an
extraordinary case. | am satisfied this
case ought 10 be. re,subnitted to the
Grand Jury next to be called in this
county, and the defendant Subjected
to publ, trial before this Court.
Your Honor, party has been slain,
not IN fight, aad the act done, in my
judgment, was not in self defense. As
| stand here a pablic officer, before
God, | repeat, | believe the defendant
ought to be held over, aud public
trial had. Last Tuesday the counsel
for the defendant announced that
there would be no bill. | know not
how they knew. The Grand Jury
should be left untrammelled. / be-
lieve when a crime has bees committed
publicly, it ought TO be publicly investi-
gated. | bei;eve a trime in legal
sense, has been committed in this case.
and the defendant ought to be put
upon bis trial aud show, ii true, that
morally he is innocent, | rereat, your
Honor, crime of this character
ought to be publicly investigated.
The community vii not be satisfied TO
let the case rest here Every man
should understand bow this thing was
done, and | earnestly ask that the de-
fvndant be held over to the next Grand
! Jury
Judge Myer then rose and explained
fully concerning the absence Of. those
attornie4 for the defense who resided
in Portland, and remarked that h(
felt in duty bound to say this much fol
the absent attornies as be was one Of th'
attornies for the defense himself.
At the close of Judge Myer',
speech, the District Attorney agait
arose and amid profound sifenct
said -
May il please the Court, do no
call in question the motives of attor
nies, or of the Grand Jurors, who TO
aught / know, are honest, conscien
tious men, but this | have to :say
the coroner wlo held the inquest owe
the body of A. Il. Whitley, was tn
attorney Of Glaze, and refused to admi
, my deputy into the room and he Dc
MED me the written proceedings befor
the-eoronsrs jury until compelled hir
by subpoena daces tecum, was il
formed, may it please the Court, by r,
liable parties that this Grand Jur
would not find o BILL.
, Mr.. Justice Vineyard then rose,
explain, and stated to the Court tn
he acted as coroner in that case. Tn
he did only what he conceived to
i his duty. That he thought at Il
: time he was doing right, and still W
3 of that opinion. That in all that
had done in the matter he had desig
ed to act impartlally and without pre-
g udice, and he rested in the consciou
IS Dess that be had acted legally a
u right.
n The Court then remarked -
% I" 1t is the duty OF the officers of I
: :, law to act impartially in all suits a
= proceedings in court, aud | presul
those. rules SO necessary to I
:, administration Of the laws, have be
y observed in this case, at least | kn,
nothing to the contrary. So far as
} TORE DALLAS