The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-03-25
THE pRIyAcY OF rELEaRAMs.
The aus..len i pslere .ne s.. Ieul. ora.


The Question Before the 81. Louis Grand
y Jury.
ST. LOUIS. March 24.-Mr. Brown, man
ager Of the Western Union Telegraph
office, instead Of appearing before the
grand Jury this morning with the dis.
patches called for by subpoena ducra tecum
served upon him Saturday, went directly
before the Criminal Court with his attor-
neys, Messrs. Allen and Lodge, the latter
Of whom stated at length the reasons why
Mr.. Brown could not produce the dis
patches demanded. The Court then asked
Mr.. Brown what he would do in case one
or more Of the parties concerned consented
10 have their telegrams produced, and
stated that he had received letter from
Gov. Phelps saying he was willing that
any telegraph olIice should present to the
grand jury any dispatches he had sent to
either Nidilet or Wakefield. -,
Mr.. Brown said that under the rule OF
the Telegraph Company Gov. Phelps or
any other sender OF ftelegrams could obtain
his dispatches on personal application or
by request written over his own signature.
Judge Laughlin then continued the case
till Friday, when he will hear argument
on both sides. In conversation the Judge
said he understood and appreciated the
Importance of the case, recognized the
wide attention it would attract, and II tho
Telegraph Company desired to make it o
test case he would not commit Mr.. Brown
to Jail, but II It became necessary in the
progress Of thecase TO .inAict punishment
on him 1t would be merely nominal.
The petition OF Mr.. Brown, manager OF
the Western Union Telegraph Office to
vacate the orderauthorizing the subpoena,
duces tecum and to recall the subpoena
presented in the criminal court to-day,
sets forth as tho reason why he should
not and cannot produce the kilograms de-
manded, that he is simply servant OF
the company and has no authority from the
company to deliver tho dispatches, but on
the contrary he has been instructed by his
superior officers not to produce or to
testify as to the possession by the company
OF such kilograms as are referred
to in the subpoena and that as it is
not certainly known that such kilograms as
are demanded are in the possession Of the
company: the subpoena israthera search
warrant and the process inquisitorial, not
judicial. That The telegraph company is.
protected from such Interference with its
messages by the public policy which lies ut
the bottom Of the 4th amendment to the
federal constitution and Of section II,
article lst, Of the bill Of rights Of the State
OF Missouri. It also claims that the petit
toner would render himself liable to Crimi-
nal and civil prosecution under the laws OF
this State should he obey the subpoena.
He refers to Judge Cooley's article in the
Law register Of February last in regard to
this subject, and disclaims any object
purpose or motive on the part Of the peti.
TONER in presenting the petition other
than 10 perform his duty to his em-
ployers,s his country and his State.
The Criminal Court this afternoon is
sued bench warrant for thea Of
A. B. Wakefield on a charge Of perjury.
He is the head OF the so.called gambling
ring here, which has been undergoingin-
yestigation by the Grand Jury. No arrest
was mado Ip to late this evening, and it is
said Wakefield is out CT town.