The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-07
NEWS or THE CITY.
CONSEQUENCES OF A MOL. PROS.
The Case Between District Attorney

The Case Between District Attorney
Finney and the Grand Jury
Some days ago the Grand Jury came Into the
Superior Criminal Court. and through their
foreman. Mr.. James q. Clarke. returned q true
bill against Mr. John Herbert. the clerk Of the
Second District COURT. for extorlon In office.
The district attorney. after Investigating the
case came to the conclusion that there was no
chance OF making n case before Jury. and not
wishing to nut the State to an unnecessary e.
pense. Immediately entered a pole proaeuul.
Yesterday morning when the grand Jury az
semhlad In court they sent q communication to
Judge Whitaker te1uesting to be discharged
Without day, and baaed the request upon the
ground that they had been Internationally
treated by District Attorney John J. Finney,
and then cited the enteriag of The nolle proseunt
by The district attorney in the case OF John Her
bert. agalnst whom that body had found true
bill Tor eStattion in office. And they further
alleged that II was the opinion nf their body
that the district attorneys action In the prem.
tees was simply to project brother official
from tho ennaanuaOaes If his own act.
The Judge Immediately gave the document to
the dist, lot attorney. who Instantly appearad
before the grand jnry aud informed the,n tl'at
communication TO Judge Whitaker; thai so far
~ hta action Ia the matter was TO shield q
brother officer. HAT was out Of the question
when he saw that man was guilty. but that
he never had aud newer wauld. an long ma he
was prosecuting officer, prosecute man OF
WhnHa innornnna he WIS satisfied;
Judge Whitaker addressed the grind jury es
follows:
ffeutlenen NJ the Grand .inu-When Mr..
Finnay told mo Of the intention vi Won gente-
men 10 present n bill against his advice I'm
maliHtelv suggested to him to do his duty. to
oil al at once u nnlla nrosHlui.
Il will now inform You, gentlemen of the
grand jury. that II is the district attorneys duty
to prosecute Ill criminal eaEes but that there
Was still higher duty he IL called upon to
perform, and that WINS to shield any one whom
only az a question OF n citizens right but at the
same time to aave the State from the ey penaes
Of frivolous prosecutions
The court selected you, gentlemen. from the
panel Of petit Jurors. as you were men OF Initial
|igenea and citizens of undouhtad integrity, but
you must bear In mind that the district aftor-
ney is supposed To anow more of the law than
yor in, aud ~ Mr.. Finney's integrity could not
he doubted. the court was bound to sustain
him when q grand lurs should disregard hls
advice. as ha 8 been dOuo ia the case OF John
Herbert"
The foreman then arose from hia sent and
stated that that body did not doubt the integrity
q the district attorney.
Judge Whitaker-Jf you did gentlemen. |
would instantly discharga you.
The foreman then requested the court to
permit the grand jury to retire to their rooms.
which was granted. They returned in q few
moments for the communication which they
had sent to the court
returned the original report To the clerk. with
the remark that they meant no refleeNtou on
the district attorney that he had any personal
interest In thu matter, But they were etill 81
the apin on that they had been aiseourteouEly
trested by the district attorney. aud asked to
BE- discharged as grand Jurors.
Judge Whitaker discharged them until Fri
day only.