The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1873-12-24
Here follows Col. Craig's letter.
LETTER FROM COL. JOHN j. CRAIG
TO JUDGE ". B. W, OF ALA.
LYoNpALK KNOX Co. Nov.


TO JUDGE W. B. ", OF ALA.
LIoNDALK, KNOX Co.. Nov. Is, 1873.
Ny DEAR JUDGE: Sundays mail brought me, in
due course, your valued favor of the 14th inst You
say that your friend, C, had given you sort
of outline Of interesting event that took place
in the y S. Court room, on last Friday morning,
in which made to act prominent part; and
that rs my ''friends anxious to hear something
more of the matter" you would be glad for me to
give you " detailed account OF all that TOOK
place, as well all the antecedent circumstances
that led to the end" &C.
1 thank you, sincerely, for the concern which you
have manifested in writing to me as you have, and
shall endeavor to comply with your request, Doth
because know it viii be gratifying to you, as
friend, to hear from III full on the subject re-
ferred to, and because it Will develop some LEGAL
questions which cannot be altogether unlnterestlng
to you lawyer. confess to you that Tor ume
was no little annoyed at the injustice that mad
been done me- and the false position in which had
been placed before my friends and the puDhc, anu
if had written to you then, might have INDUCED
in the bitterness of complaint, but now feel that
can speak of the event with Becoming moderation
ishsd history of the afaff-" nothing extenuating,
and setting down naught in malice"
Whilesitting in the Federal Court room, in Knox
VILE in the early part of July last, without any
previous summons, or intimation whatever, Judge
TKigg called upon me to fill the place OF an absent
Juror. and ,Ifade me FOREMAN Of the Grand Jury.
1t was position which neither saHght nor deslr-
ed, and accepted it with unaffected reluctance
Soon after, His Honor charged" us, IN clear ana
cofnpl extensive address, OF some thTty minutes;
will not presume to quote the exact language OF the
learned Judge; but, as well as can now recah IT.
among other things he said that we had Deen Sc
lected by the Government for our supposed Intell-
gence and integrity, to perform certain duties,
which all good citizens, when called on, were DouHu
to do as something due alike to their country and
society that, for the time being, we would De
clothed with extraordinary powers to act as grand
iI,Cnest and would be an IMPORTANT ADJUNCT TO
THE COURT that, in many respects, our action
would be INDEPENDENT: that we could regulate
our own meetings and adjournments, but that onr
proceedings should in all cases be strictly secret =
that no one NOT EVEN THE COURT ITSELF, had any
right to be present during deliberations, unless
desired by us for some speclned purpose ;-that II
we should want any information about the LAW, 1t
would be the duty of the District Attorney TO m
struct us, but beyond this 1t was not expected tha
he would in any manner seek to influence our minds
as to the guilt or innocence Of any party whose
name might be before us, &c, &c.
Whether the District Attorney was present and
heard this decided language of the Court, or not,
do not know No sooner however, had we retired
to our room than his assistant, Major Petuoones a
young man of great energy of character, and more
than ordinary ability, came in and said that the
Government had already suffered considerable ex-
nense bv the delay Of the Court and proposed that
we should at once proceed to business. We were
ready, and the Major himself called tor and per
sonally conducted the examination OF al the WA
nesses He PROSECUTED each case with consuIn-
mate tact and untiring industry. His tone, his
manner and his every question seemed directed 10
tbe cOSyICTIoN of ali the accused however trivial
the offense felt that this was wrong, and did all
could, il modest way, to check the current upon
which We.yere moving; but it was allowed to con-
tinue uninterruptedly for two OF three days, and
up to the last hour of our meeting. During TINS
or seventy witnesses and sent up MORE THAN THIR-
rY TRUE BILI.s-an amount of work. fos the time,
unprecedented in the history of Juries since the
days of James the Second. At last int1mated to
Major Pettibone that the Jury would not have any
further examination for the present, and would like
to be left alone for a few moments. AT TINS ne
seemed to be surprised, and excited, and finally de-
clared that he was not in that room by COURTESY
but by RIGHT This led to q little controversy be-
tween us which was subsequently renewed between
Judge Andrews, his chief, and myself, upon the
streets 1 told Judge Andrews that under Judge
Trigg's charge l thought the jury had an unques-
tionable right to determine WHO and WHEN they
would admit ONE into their room. 10 TINS the
learned Attorney General, somewhat warmly, re-
piled that Judge Trigg charge was all WRONG ana
at the proper time he would so show him. said 1t
was not for ME to discuss THAT question, but to
carry out the orders of the Court, which intend
cd to do to the best of my ability long was
a member of the Jury. This provoked some further
remarks which were probably notas conclhatory IN
spirit as they might have been, and we separated.
With me, ali feeling of resentment-lf indeed IN
dulged any for mOment-passed away with the
setting sun. 1t would seem, however; that Judge
Andrews cherished the words with Vindlctlve mem
DRY, and waited his opportunity to strike DacK WIN
deadly vengeance. The Court adjourned and did
not meet again for four months During inns
long time Judge Andrews and myself met IRE
auentIy as usual; and conversed about matters
pertaining to the Jury within one hour OF the meet
ing of the Court No allusiOn ever made to
the subject of former conversation, nor to the
difference between us.
Judge Emmons, of the u. s. Circuit Court, arrived
here from his home in Michigan, and took his seat,
was absent. After the usual morning preimlnaI1es
were over the Attorney General rose and, with the
solemnity Of one about TO denver 1uheraI ratlo,
said to His Honor that " HE HAD BEEN NOTIFIED
BY THE FOREMAN OF THE GRAND JURY THAT He
(the foreman) WOULD NOT ALLOW HIM lJudge And
rews) TO COME INTO THE GRAND JURY ROOM
WITHOUT HIS PERMISSION; AND AS HE (JudGe And
rews) WAS NOT HABIT OF ASKING SUCH PER-
MISSION he would ask His Honor to instruct the
Jury as to their duty" &C. AS well as can recol-
lect them these were his exact words. was thun-
derstruck. Judge Emmons himself seemed tor a
I'D. hut Tfvnuo crOr ovid
Honor had been prepared, and all the officials had
gathered to witness the DENoUEMENT. The mousse
was densely crowded. The Judge sternly ordered
the Jury before him. From my little knowledge OF
such things, expected that he would hrst call
upon to explain but he took 1t Tor granted tRat
was guilty and proceeded at once to condemn me-
His Honor was excited, and perhaps more ter
rible and scathing rebuke fell upon the head
of a helpless Juror. His language, however, thogn
caustic and severe, chaste and eloquent, and
it would be little short of presumption IN me
to attempt to report 1t. he SAID, III SUI
stance that the attempt of FOREMAN OF
GRAND JURY TO EXCLUDE A DISTRICT ATTOR-
NEY OF THE UNITED STATES FROM THE
GRAND JURY ROOM the most monstrOus piece
of presumption that had ever been heard of in an
history that GRAND JURIEs were Of doubtful
necessity at best, and were useful more as AIDS ana
ASSISTANTS to the District Attorneys than anything
else that HE (the Attorney GeneraD could dis
pense with them entirely, if he elected so to do
and could bring his information directly before the
Court that as sort of school, for the instruction
of many worthy citizens every year IN the laws OF
their country the institution was undoubtedly of
GREAT benefit and ON that account, alone, he would
regret to see it abolished, but when 1t come to as
sumo powers which did not belong to it, and a
FoREMAN-who had no more power than any other
member of the Jury and nothing more than a
CFtATRMA N-could presume to interfere with high
officer of the Government, in the discharge of his
duties it were better that the institution be done
away with, and blOtted out forever
Now, as have said, do not pretend to give the
language of the eminent Jurist, but think have
fairly indicated some of the IDEAS with which he
impressed me in his animated address of nearly an
hour. You viii observe that the SPIRIT Is some
what different from the subdued and carefully con-
sidered CHARGE which His Honor Is reported to
have delivered, upon the same subject at Memphis,
some time ago, and copy of which herewith en-
close YOU am sorry to say that neither age, nor
experience has yet entirely subdued that hasty and
impulsive temper, for which you used to chlde me
vince when were boys together, and
for a single moment, after His Honor had con-
chIded flush of indignant resentment passed over
mo hut controlled my emotions and rose before
fine Court You can imagine the embarrassment with
which one so inexperienced would appear before
such an audience and such tribunal. said to
His Honor that, having been already condemned, II
would appear useless for me now to make any re
/ marks /: but was sure if His Honor had Been pui
in possession OF the SIMPLE Iacts OF the case ht
would have been more lenient In his Judgment, ano
| less severe in his comments upon the foreman.
would however, beg for few words of explanation
in Justice alone to TRUTH and to my friends 1t wal
cOnrteously granted, and continued.
said that the charge which had just been prefer
red against me in open Court, coming from tn'
| ment a late Judge upon the Supreme Bench OF tht
| State-a gentleman of learning and ability, and
| and one for whom had cultivated the hndest per
| sonal re0ard-had overwhelmed me with astOnish
| ment i then unqualidedly denied that had ever
even by implication, given Judge Andrews any mo
TICR'' that he should not come in the Grand Jur.
| room without my permission that Il question
| between us was really one of an ABSTRACT RICH
| Of the Jury, under POSSIBLE CONTINGENCIES, 8
| exclude for q time, any and everybody from thei
| ROOM if they deemed it best to do SO that, un
less misled by some strange passion OF pre- &c
il was impossible for the District Attorney to be
| lieve it was my intention to exclude him entirel
from the Jury room that whist DID deny nil
| co AT WILL, yet he knew that his Assistant, Majo
/ Pettibone, had been with us all the time, and ha
| personally examined and prosecuted with zeal an
| ability every case that had come before us. the
went on and stated to the Court the history Of Tia
whole matter, about as 1 hayo given 1t TO yor
with few additional remarks of personal nature
/ in replv TO what understood to be an intimatio
of His Honor that the Foreman had probably bee
Undated by a little brief authority. I begged 81
Honor to believe that my head had not been turne