Arizona weekly citizen., 1889-10-05
savsra, otber sf,dav,ts of similar

1 WUe0 OOuTb iDeb JlliS ulOIuluS, euo Grand Jury came into Court and handed ! in report, and the Court then ordered that the jurymen be sworn to answer questions:
 The Court then asked each juror indi- vidually, if they had any knowledge of dispatch signed by the Grand Jury, or several of them, and sent to the Depart ment of Justice in Washington, criticis- ing the action of the Corrt. All but Mir. Upton stated that they signed dis patch, which is published elsewhere. i The Court then said:
 "I have no feeling in this matter to- ward the grand jury, or to the gent men who signed it, for some ct ti.on a,e friends of mine. The mistake lies in tois. ! Ire grand juc5 .s si0piy aA i'ivea5lSat- ing body. aUc 3s not rasDola,3.a Irr any thing occuE.iGs iA this Iour5. .ud any ! interference by 8 grand JUr. vitn taa : Court, by which the sraud juTN passed 1 2 resolution criticising the action uI iac 1 Court, would in any State Of the Union l be regarded as 9 most serious contempt. And ans grand jury that attempted to so 1 interfere, would be promptly and severe . " punished. ] aTa satisfied that you, gentlemen, did not stop to think about { it. There seems 10 be 9 doubt in the 1 minds of many persons here, whether they are trying those cases here or in Washington. As long as that doubt ex- ists. this Court can not try those cases with the independence which should al ways belong to the judiciary. If it be true that where mere question of bail comes up, immediately the matter must be taken to Washington, there can be DO free judicial acts. As far as I am con- cerned, it does not do me the least bit of harm. But to those persons in the Territory who are interested in main taining justice and order. it is plain that if there cannot be an independent judi ciary, no such object can be attained. If such an interference should have oc cured in a Federal court 1t would be made the subject of most serious action. The protection and preservation of pri- vate property and personal liberty rest on the independence of the courts, and until that independence can be main tained without doubt, you will fail to secure that innovation which you seek after, the influx of money from abroad. And you are paying too high a rate of interest now. If a man should come here and loan money on mortgage, and the action of the court should ..be made the subject of dispatch to Washington, we should have hard time foreclosing a mortgage. Until you have a court that is fearless and untrammeled, you cannot have order. Until it be true that even the meanest and poorest smuggler, punching his burros. bearing his paltry load of mescal, can have jus tice, we cannot have order. Who would send dispatch to Washington for the poor smuggler? Who would see that he obtained justice? So long as I remain on this bench, such things will not be considered. The grand jury has noth- ing to do with such matters.
 The order of the court will be, that the grand jury be discharged from fur ther services on this court.
 THE TELEGRAM.
 The following is a copy of the tele- gram sent to Washington on Saturday, and is published in full, as several mem bers of that body expressed desire to be put on record in the matter:
 TUcsoN, A. T. Sept. 2S. HoN. w. H. MILLER, ATTORNEY -GENER- AL OF THE UNITED STATES, Wash ington, D. c.
 SIR-The members of the United States grand Jury, now Investigating the Paymaster Wham robbery cases, have indicted seven of the alleged rob bers.
 We have evidence that other persons took part in the robbery, but not yet sufficient to indict.
 While in the midst of our investiga- tions, and while the suspected robbers, and their relatives and friends are en deavoring to corruptly influence the governments witnesses to withhold their testimony from this grand jury, one of them having already been indict- ed for that offence, the judge of this district, from the bench this morning on motion to perfect the bail of the principal defendant. in the presence of the Governments witnesses, and a crowded court room made some remarks evincing strong feeling between the court and the officers, and witnesses. The result of the Judges remarks and manner will be the demoralization of government witnesses soon to appear before the Grand Jury, the suppression OI UebJlIUODy luNdlldDle to the lQlUeQ States, and great damage to the interests of good government in this Territory. To avert this calamity and to serve the ends of justice, we most respectfully ask that one of the other judges be forth with directed by telegraph to proceed to Tucson to preside over this Court during the deliberations of this Grand Jury and the trial of this case.
 c. M. BRUCE (Foreman)
 BREWSTER CAMERON,
 SAMUEL HUGHES,
 r. H. GOODWIN,
 w. I. PERRY,
 CHAs. H. WARREN,
 w. H. BLoxToN,
 R. B. CLARK,
 A. l.. GROVE,
 B. DUNLAP,
 w. s. STURGEs,
 A. OLSEN,
 CHAs. H. ROCHE, (Sec.)
 Members of the Grand Jury