The morning news., 1889-02-06
NOT INCLINED TO TALK.
THE GRAND JURY NOT FINDING
OUT ALL IT WANTS TO.

- y ALL IL " - ~.
-Four Witnesses Refuse to Tell What
They Know about Buying Votes and
Keeping Saloons Open on Election
Day-To Be Given an Opportunity to
Explain to Judge Adams Why They
Are Not IN Contempt-The Grand
Jury TO Continue Its Investigation
There will be added interest to the pro
ceedings in the superior court to-day At
$50 O'Clock this afternoon Messrs Charles
F. Prendergast, 5. L. Lazaron. D. Y.
| Dancy and Charles P. Rossignol will be
brought before Judge Adams by Solicitor
General Fraser to show cause why & rule
for contempt should not be issued against
them.
The ANTICIPATED proceedings grew ont of
the action Of Messrs. Prendergast, Lazaron,
Dancy and Rossignolin declining to answer
certain interrogatories propounded 70 them
before the grand Jury yesterday touching
| the charges Of bribery at the recent cleo
tons, and the opening Of saloons On election
days
! Ar. Prsndergast was the first recuSant
witness, and when interrogated declined to
ans er. Tne solicitor general was called
] AL GA1 A4S us24 u UlIQ bN
/ Foreman Iahaferro. The solicitor general,
! taking q copy Of the questions which NJ.
! Prencergast had declined 70 answer. had
private conferences with Judge Adams, at
| the close Of which Mr. Prendergast was re-
called TO the grand jury room, and the
solicitor general re-prOpounded the inter
| rogatories, aud having met with a refusal
/ to answer, was discharged until $3.50 O'Clock
| to-day, at which time he was notified that
| he would be required to answer to the court
| for his refusal
THE WITNESS MAY TALK.
Solicitor General Fraser said last night
that while that which transpires in the
grand jury room is held TO be a secret,
which no grand juror can diYulge, there is
| no restriction upon a witness
It is known that the recusant witnesses,
| taking the cue from Mr.. Prendergast, de-
clined TO answer any question not psrticu-
| larry directed 70 tle case pending. The
summons 70 all Of the witnesses was to ap-
pear and give testimony in a case Of the
state vs.. Percy Moulden, for misdeneanor,
and they refused to testify except in the
Percy AOulden case. AS none Of them
claim T. know Of any mlsdemeanor Percy
committed, they are unwilling to tell what
they know Of the misdemeanOrs of Others
The Percy MOulden is supposed to be
man Of straw from L der whose mantle
the stats seeks TO smoke out a number OF
saloon-keepers who sold liquor on election
day, and a number OF bribers and bribed
who did field business on the days Of the
city and county election.
Mayor Schwarz, his late opponent, ex-
Alderman D. R. Thomas, and a dozsn other
witnesses were in waiting, but they were
not ca.led before the grand ju.y after its
experience with the four recusant witnesses.
WHY HE REFUSED TO ANSWER
Mr.. Preadergast was seen last night, and
he sad he regretted that the matter had
been made public, and especially in the
manner with which his name mad been con
nected With the publicity. He detailed his
posi- ion as follows:
II was called before the grand jury at
about 1850 O'Clock, and certain questions
we're propounded to me by the foreman,
Mr.. Tslieferro, and others of the
grand jury, some Of which questions
| answered and some of which / de-
clined to answer. Among the grounds of
my declinarion was the deciSi of the
supreme court in re. Lester, mayor, II
Georgia Reports, p. 143, in which the prin-
ciple IS laid down that no witness before a
grand jury can be compelled to testify ex-
cept in a particular case then and there
pending, and then only with reference to
that particular case.
TO MAKE TEST CASE.
II expressly disclaim any intention of
: =
Mr.. Prendergast added, that my refusal
was based upon what / CO ceived to be just
grounds The solicitor general was called
IN and was requested to retire, and a little
later | was Informed that l might stav
about the building within call. About l2
o'clock | was recalled and some If the same
questions had decliued to answer were
again propounded to me, this time by ths
solicitor general himself, VIII CD ELECTED the
same answers l had previously given to the
grand juro 5, and based upon the same
grounds. My continued refusal to reply
drew from the solicitor general notifca-
ton to appear at the court house o. We'd |
nes lay al $3.50 o'clock p. m., before Judge
Adams.
Il also disclaimed, a second time any
thing in the nature Of a discOurtesy to the |
grand jury, and certainly intended none
to Solicitor General Fraser or Judge Adams,
for both Of whom | have the highest respect |
and regard. Ny conceptions Of pri.cip
alone guided my course
The grand jury will meet again at 80
o'clock this afternoon, and this clrcum-
stance has given rise tc the belief that
Judge Adams will require the witnesses to
answer the Objectionable questions, or
show cause why they should not be he'd for
contempt of court.