The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-01-13
THE SLAYBACA CASE.
Governor Crlttonden Refuses the Appiica-
ton to Make the Attorney General Pros

Governor Crlttonden Refuses the Applica-
ton to Make the Attorney-General Pros
cutor.
The following is the answer of Governor
Crittenden to the application made in the
Slayback matter Friday, at Jefferson City;
State of Missouri. Executive Department, City
Of Jefferson, January G. lSs3.-Dr Y. II. Bond
and G. L. Slayback;
GENrLHMEN:-Upont the receipt of your
letter of the 9th OF January, referred II to
the Encouragement for consideration.
inCose you his letter to me of this date,
which fully expresses to you my views on
the law. | trust there is no truth in the re.
port that one or more of the law officers or
subaterns of the st. Louis criminal court
have engaged in an attempt to Obstruct n
full and complete investigation by
the grand Jury OF the killing
of A. W. Slaybaok, If snch delinquency
exists. the public sentiment OF the city
should condemn and repudiate the act to
such an extent that the court itself will inn
mediately investigate the charge. If Il c
charge be true, no honorable court can per-
init such double dealing and dishonesty
upon the part of even the humblest officer
or attache within its jurisdiction cod
slider the machinery of the law, article 10,
page 800 Revised Statutes, ample to compel
the attendance of witnesses and the produc.
ton of books or evidences of crime
of any and every character,
before the grand juries of the
state. AS an executive officer ! will give
to the courts and their officers my
cordial cooperation in the enforcement OF
the laws and the orders and DEGREES OF those
courts made under the law, but | am lin.
tied in my action TO statutory duties and
cannot exceed them upon one hand or the
other. an, gentlemen, yorr obedient ser
want, THoNAS I. CRrrENDEN.
The letter of the attorney general re.
terred to is as follows;
TO Thomas Y. Crittendcn, Governor;
DEAR SrR-l have the honor of acknowledge
ing the receipt Of tn letter of Messrs. G. H.
Slayback aud y. IL. Bond, addressed tC
your excellency, ard bearing date ST.
| Louis, January 4, 1883, with your re-
quest for an expression of my view
as TO my duties in the premises. Tn,
letter referred to requests that you direct
the at orney general OF the state, as pro
vided in section SOB article |, chapter .
! Revised Statutes of Missouri, to cause to b,
presented before the grand jury in the city
of st. Louis such evidence as it is ther
proper there to be presented, and to assis
in the prosecution OF such indictments u
may then he found against any persons
connected with the killing of a. W. Stay
back, or who may have testified falsely ii
relation thereto. ! desire to say in reply
that with respect to my appearing before
the grand jury in the case suggest
ed, or in any case, | do not thinl
1t comes within the purview of my
duties, aud certainly not undo
section 5O3, Revised Statutes of 1870. My
understanding OF that section is that thu
aid therein provided TO be given the prose
cutting attorney in the discharge of his du
ties, is to be rendered in u proper case anC
under proper circumstances and ia the tria
OF the case after the indictment is found
aud not before The only case where THU
section has been brought to the attention o
the supreme court Is the case of Hbte VS.
Hays, % Missouri, pages 2S7 203, which
think SO far as it decides the question, co
incides with the view above expressed. Ii
further support of the position taken il
reference to the question under consdera
ton, | beg to refer to sections lISl an
1882 Revised Statutes of 1879, as TO Caus
ing evidence to be presented to the gram
: jury. II is sufficient to say that they hay
for that purpose the process and powers c
the court to which they belong to comp,
the attendance of witnesses and the produl
ton OF testimony, and officers of the la
whose special duty IL is to wait upon ther
il they so desire and instruct and ASST
them in the discharge of their duties, A
to the prosecution of any particular case
deem it sufficient tor the present that no il
- dictmcnts are found us yet, and until tn,
+ occurs there is no occasion to consider ii
$ question of what my duty would be. u
[ der the circumstances am clearly of Il
. opinion that ii is not my duty to appear b
:, fore the grand jury, as above stated,
4 have the honor to be your obedent sc
l. want, DANIEL MCINTYRE,
Attorney General.