The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-11
RUNNING THE GRAND JURY
The QUESTION UP FOR ARGUMENT
IN THE CRIMINAL COURT.
Judge DuBose Raises the Issue Yester-
day in Reference to the Armstrong
Case. and Attorney General Peters
Asserts His Rights.

There have probably been more breezes
and sensations turned out by the present
Shelby county criminal court than any ono
Remembered by the ''oldcst inhabitant."
The seasons Of unruiilcd peace and har-
mony all around the circle have been few
and far between. The latest unpleasant
ness occurred yesterday and was based upon
his honor's absorbing interest in the grand
jury. II is a well known fact that Judge
DuBose considers the grand jury part
oil the machinery OF his court, and as such
under his supervision and control. Thus
far he has gone in his assertions, and
formed the inquisitorial body ''my grand
Jury" So long as the Encouragement
permitted this usurpation TO go unchal-
iengcd, the knowing public was satisfied to
smile and await developments. 1t was
Suspected that Gen. Peters would not al
ways rest content under a deprivation Of
one oil his official prerogatives, at least
without a protest, and probably open rup-
ture. That suspicion has been verified,
tand the end is more than likely to bring
about serious complication.
ri All was moving along smoothly yester-
. day, and sentences were falling right and
left upon violators Of the ten command
ments and the States written law. The
grand jury was also holding its regular
Friday session, but reached the last case
before il for consideration and filed before
his honor for report. Nothing OF start
Ling character was embodied in its report,
and the papers were passed from the Judge
O.. trt,O
hands they remain until the respective
cases are called for trial. This concluded
the regular order Of business, 80 far as that
body was interested, and the members
were In the act OF moving slowly and with
becoming decorum toward the door.
''Genilemen Of the grand jury" II was
tho unmistalSable voice Of The Judge that
called Did the august body come TO a
halt? Well they generally do under such
circumstances. Every one in the court
room looked for moment at the inter.
rnpted gentlemen, then ut his honor. Ii
required but glance 10 impress tie be-
holder that the Judge had something firmly
Fixed on his mind. ana that il had lodged
there for some timc. No one, however,
dreamed that IL would take the turn IL did.
'Gentlemcn Of the grand jury, one
moment. ] think you need some instruc-
tons about tho manner Of performing your
duties. A few DAYS ago you had q bill OF
indictment presented TO you aud returned
IL ignored. Later the same case came be-
fore you again, and have been informed
by the encouragement that nj Mr. ARM
sirong's request tho bill was returned a
true one"
Attorneys General PetcB-I suppose
you mean Mr.. Brooks. your honor, as you
have had no conversation with me on III,
subject.
Judge DuBosc-Ycs, II was Mr.. Brooks
the assistant attorney-g general, who in.
formed me. But, gentlemen Of the grand
Jury, you arc 10 act freely, OF your own
will and judgment, without dictation from
any one.
The Judge then proceeded to criticise
md question the proceeding, concluding
with the remark that he wished ''to elevate
lhe standard Of the grand jury" The
foreman Of the grand jury then attempted
b. speak an explanation, but Attorney
: General Peters relieved him OF the ne
|rponsibility by himself making warm
reioindcr 20 the court. lie was, he under
4 stood, attorney general Of Shelby county,
and rs such the recognized legal adviser
Of the grand Jury. He pointed out TINT
the practice had been, where bill OF In.
diciInent had been presented the Jury, and
been rejected on insufficient evidence, that
the discovery Of new and positive evidence
warranted the recommitment OF the bill,
and Il was the sworn duty OF the jury 10
indic,. In the case in question, II
was true that the defendant had
requested an indictment and trial,
confident Of aoquitial, but be had
the privilege Of 10 doing, because
OF the fact that the charge might be- raised
against him nj some period distant in the
future, when witnesses were scattered or
dead, and serious jeopardy 10 bis liberty
might ensue. II was n proceeding based
upon wisdom and justice. Tho general
did not consider his OF the grand juy's
action proper subject for Judicial criti-
cism. II he made mistakes In law, then
there wrs proper recourse for the party
suffering the wrong. and no one would
do NOR 20 right II than he. II Mr.. Arm.
strong, the defendant In the case under
Argument, felt himself prosecuted, then.
under the records, u would present diff
ferunt phase. This course the defendant
would not take, M he was not only anxious
for, but persisted In having, a
full and regular court hearing.
Tho general concluded his 10.
ioinder by insisting that until the point
came mp for judicial ruling in the regular
course vi the trial, the court had no juris-
dciion. II was evident from the Language
and tone of Gen. Peters that he felt his
pmrosniiycs as legal adviser, and therefore
ex-ofiicio member and head Of the grand
u1ury infrngsd upon, and had taken step
toward asserting and maintaining hia