The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-11-20
Bafitisb cIolp lp;RepoFl..1 able
Weather for Sowing Wheat
Market Declining Notwith-
standing Prospects for a.,
a'Hard Winter.
An indianapolis Real Estate Agent Fa
tally Shot in the Court House-He
Called Another Man a Liar.
sohurt- on General ~shtrldan's
Annual Report-The Gallant Cavalry.
man Advised to Look LeetIe Out.
The Earth Shakes Herself ut Cairo and
Little Roeic+ +Consternatiop and Ex.
element Among the Inhabitants.
Alleged Executive Interference :. Judge
Gresham's Chnrgc TO the Grand Jury.

Alleged Executive Interference =. Judge
Gresham's Charge TO the Grand Jury.
INDIANAPOLIS, November 10.-The Grand
Jury Of the United States Court came into
the open court this morning, and 'their
foreman, Gen. Hascall, reported that the
District Attorney had received instruc.
tions from the President OF the United
States against prosecuting certain party
for alleged empezzlement in the First Ma
tional Bank OF Indianapolis, meaning
Carey w. Miller, and that they had been
requested to investigate the matter, and
desire to know from the court whether il
was their duty to proceed with the case,
the instructions OF. the President to the
District Attorneyto the contrary notwith-
standing, wlereupOn Judge Gresham
charged them in substance, as follows:
3When you were empannelled at the
beginning OF the term you swore that you
would diligently inquire and make.a true
presentment Of such matters as should be
given you in charge, or might otherwise
come 10 your knowledge touching the vio-
lations OF the criminal statutes OF the
United States; that YOU would present no
one through envy, hatred or malice, and
that you would leave no one unpresented
through fear, affection, reward or the hope
thereof. You could not, il you would, es-
cape the obligation OF this oath by, heed
Ing the Instruction of the President
in this particular case. Tie Presi-
dent may, il lie feels so inclined,
interfere in advance OF the indict-
ment by exercising the pardoning
power. In no other way has lie the slight
est authority to control your action. He
has II in his power TO pardon the alleged
offender, and unless he il willing to take
this responsibility, he has no more right
to control your action than the Gar OF
Russia. II you believe that the Presidents
instructions to the District Attorney, were
intended to prevent You from making tho
fullest examination into the mat
ter before you, and from return
ing an indictment against the accused,
II the evidence should warrant it. you
should feel inspired with the additional
determination to do your duty. The MO:
ment the executive is allowed TO control
the action OF the courts in the administers
ton OF criminal justice, their, independ-
ence is gone. II Is due to the President TO
say that the court does not believe he has
any desire to cncroachupon the judiciary,
or that he contemplated any unwarranted
interference by Ills instructionst to the Dis
trict Attorney. The District Attorney
says in open court that he is ready and
willing TO aidyou in any examination Of
this case which you may feel called on to
make. He and his assistant are faithful
officers, and will render you all the nee
essnry aid in this as in other cases.