The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1877-07-14
COURT AND GRAND JURY.
A Warrant for the Arrest of the Fore
man of the Late Grand Jury on
the Charge of Perjury"
He "Gives Himself Up and Is Released
on a Bond of $500 for his
Appearance.


As was briefly stated in these columns last week,
on the 9Th instant Judge Yelott swore out a war
rant before Esquire Miller, charging Gen. John S.
Berry, foreman of the late Grand Jury, with the
crime of perjury" The warrant was placed in
the hands of officer Brown, but Gen. Berry, hear
ing ofthe proceeding, came to Towsontown, waived
an examination and entered bail for his appear
anee in the sum of $500, to answer the charge at
the September term of Court, Mr.. Theodore Hoop
er, of Woodberry, becoming his security. Gen.
Berry was accompanied by his counsel, A. Ster-
ling, Jr., Esq.
After reciting the oath taken by Grand Jurors
Judge Yellotts affidavit proceeds as follows:
"And the said George Yellott saith that he saw
the said John S. Berry lay his hand on the Holy
Evangely of Almighty God, and with the usual
sOlemnity take said oath, thereby binding himself
to observe all its obligations, one of which was to
present all things truly and the said George ell
lott saith that afterwards, to wit, the Both day
of June, in the year aforesaid, he was in the per-
Torrance of his official duties in the court room OF
the Circuit Court for Baltimore county when the
Grand Jury for the May term entered the said
court room, said May term not yet being ended,
and that the said John S. Berry, together with
other papers, handed presentment to the clerk,
Mr.. William NJ. Isaac, by whom it was handed to
the said George Yellott, then the bench, and in
the performance of his official duties, and that the
said presentment was in the following words:
ain the Circuit Court for Baltimore county, May
term, 1877. The Grand Inquest of the State of
MARYLAND for the body of Baltimore county do on
their oath present the Hon. George Yellott Judge,
for mafeasance in Office and cutting short the in
vestigation of the Grand Inquest of the State of
Maryland for the body of Baltimore county, on or
about the 3Oth day of June, 1877.
Signed, JOHN S. BERRY, Foreman.
"And the said George YellOtt saith that when
the said John S. Berry handed the said present
ment to the clerk, he the said George Yelott was
in his scat and as Judge ready to receive and did
receive the said presentment and other papers
which must have been the result of the investiga
ton which said Grand Jury were or had just been
engaged in that he hath personal knowledge
therefore, that the said John s. Berry knew he was
making a false presentment when he charged him,
the said George Yeott, with cutting short the in
vestigatiOns of the Grand Inquest Of the State Of
Maryland for the body of Baltimore county, as no
such thing had then been done, and the said George
Yellott saith that if he, judicial officer were to
conceal crime of which he has personal knOwl-
edge he would himself be guilty of grave ofcnsc !;
he therefore charges the said John 5. Berry with
the crime of perjury and further saith that although
other members of said Grand Jury may be guilty
II
knowing who are guilty and who are innocent, and
therefore declines to make charge under oath
against any member of said Grand jury"
1t is understood that number of Judge Vel
lofts friends endeavored to dssuade him from his
determination to cause the arrest of General
Berry, but without avail. Judge Grason thinks
the arrest ill-advsed, and states that he was
unwilling to make serious a charge against any
member of the Grand Jury unless he had very
strong proof that they had acted from improper
motives.
Commenting on this action of Judge YellOtt the
Baltimore Bulletin says:
"Judge Yellott has made his affidavit and pro-
cured his warrant for the arrest of Mr.. John S.
Berry, foreman of the Baltimore county Grand
Jury. The charge is perjury, and the Honorable
Judges tender conscience will not permit him to
commit the grave offense of cOncealing crime of
which he has personal knowledge We suppose
that Gen. Berry can stand this arrest if Judge
YellOtt can. 1t would, perhaps, have been as well,
however, if Judge Yellott had reflected before act
ing, that there are graver Offenses than technical
Fictitious misprison of felony, and one of these is
the offense against decency. $ y
''The closer this Baltimore county business is
looked at the worse it seems to all right-minded
persons. For years charges of Encouragement
and fraud have been freely made against certain
officials of the county. County Auditors, set to
examine the books, after eighteen months labor,
admit the finding of many Irregularities. In one
case they admit the finding of false forged entries,
involving an amount of several thousand dollars,
upon the County Commissioners books. 1t is ru-
mored that they have prepared a report charging
specific fraud upon specific persons. Acting on
that rumor, which could not fail to come to their
knowledge, the Grand Jury demand the report,
call for persons and papers, examine witnesses,
and apparently in the midst of their investi-
CATION, on the eve, perhaps, of important detec-
tons and discoveries, when the Court suddenly
and almost without warning, cuts their abors short
by adjourning. As their only remedy, their only
of protest, the Jury present the Judges, and
in revenge, this ridiculous and child-lke charge
of perjury is trumped up. The plain, wayfaring
person cannot refrain from asking himself, what
does it all mean? Why all these extraordinary and
unprecedented proceedings unless there is some
thing wrong, something to cover up? And Judge
Yellott may rest assured that the people of Balti
more county will not be content until this matter
has been thoroughly and satisfactorily investiga-
ted All the afhdavits and adjournments of Court
in the world will not prevent the truth from COM
ing to light in the end"
Under the head of "Both Wrong" the Sunday
Ners of Sth instant says:
"The war at Towsontown has apparently settled
down to a siege to last until next September. The
struggle opened by the Grand Jury doing wrong
one way and has been followed up by a Judge do
ing wrong another way, and, both having done
wrong they will sit down and be criticised and
ridieuled until September when matters will either
be mended by reconciliation or made worse by
obstinate folly.
GAS the matter stands now, the Grand Jury is
placed in the position of presenting the Court for
what it had not done and the Court is in the posi-
ton of having arrested the foreman of the Jury
for what he did not do. 1t will be admitted that
this is a peculiar attitude for learned Judges and
Grand Jurors to be placed in, and we can hardly
see how either or both can get off their disagreed
BILE perches-where their unjudicial haste put them
without impairing their dignity a little in the
awkward descent. For the Grand Jury has pre-
scented the Judges for obsructing them in the dis
charge of their duties by adjourning the Court,
when the Court had not adjourned when the pre-
sentiment was made and handed in. Hence the
Court had not committed as yet the crime for
which it presented. Clearly the Grand Jury
was wrong in making solemn presentment where
it could only properly protest, and where alone the
General Assembly could impeach if the Court acted
according to its announcement and thereby de-
feated necessary investigation.
"This blunder on the part of the Grand Jury
was bad enough, but it appears the Court has
made it worse. Judge Yeott has sworn out
warrant for the foreman of the Grand Jury for
perjury, though the Judge must be aware that
Gen. Berry has not actually or constructvely COM
mitted such breach of his official oath as would
render him liable to tho penalty for such crime.
Now IL appears that whatever the motive for the
presentment of the Court, there can hardly be a
mistake as to the motive of the warrant for the
Juror.
1--WE hardly think the actors in this controversy
will venture upon any more blunders until Scptem-
Der, when both will, perhaps, succeed in demon
strating that they did wrong in June-until which
time and event we can only leave them to their
meditations trusting that time if not the weather,
will make them cooler and calmer men,"
The Baltimore Gazette says:
"Judge Yeott has instituted legal proceedings
against John S. Berry, foreman of the Grand Jury
that presented him for malfeasance in office. This
the Judge may feel bound in duty to do, but it is
much to be regretted 1t would have been more
dignified for the Court to have stood the defen
sive and met the unwise action of the Grand Jury
by purely legal replies. Whatever may be the
g fbo Ind in