The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-16
rupted.
Judge DuBose-ralk to the Grand Jury

Attorney-General Peters = And your
honor has given no instructions?
Judge DuBose-I have given no instruc-
lions; do not work secretly. My in
structions will be given in open court
when choose TO give them
Auorney-General Peters-I understand
Your Honor has given no instructions TO
thereof.
Judge DuBose-As Grand Jury have
not at all.
Acknowledgement Peters--Not as Grand
jury nor to any members Of it?
Judge DuBose-What right have you to
question me? / don't want you TO cate
chise me at all! You shan't catechise me
in my own court. don't want to hear
another word, sir. Don't know this
thing has been on hand several days and
is cut and dried tor the occasion?
Attorney-General Peters-Now, Your
Honor, understand-[Interr
| Judge DuBose-Now, Gen. Peters, you
understand this matter MS well as do; il
| you want 10 carry on the business do it
properly.
Acknowledgement Peters Well, then, l
'accept your statement when you say you
have not given any instructions to the
Grand Jury to- interrupted. .
Judge DuBose-I don't make any state
ment.
| Attorney-General Peters-Well, have
given you the statementof the Grand Jury
10 mo.
Judge DuBose--I have not instructed
the Grand Jury publicly, but have d.
rected the foreman that they should not
| act In the matter Tor the present
Attorney-General Peters-That is what
| understood, that your honor had in
structed the members OF the Grand Jury
privately not TO act in the matter for the
present. Now, it Is upon that point that
wish to address the court. The law makes
ii the plain duty OF the Attorney-G General
to prepare bills OF indictment, aud to send
evidence before the Grand Jury, and IL
is tine duty OF the Grand Jury to act
upon those bills thus presented. Now,
then, in this case, where the bills OF in
dictment have been presented containing
these charges against Saltmarsh, and
where the evidence, as stated, is ALSO
lutely clear, respectfully submit to the
court that 1t is the plain duty of the
Grand Jury to act at once upon the bills
Of indictment thus presented by the At
torney-General without regard TO any 9TH
er considerations, and that II the evidence
| ~ bulHNltul W hdllolO luclI nllnurt IL -
their plain and imperative duty to act in
the matter without delay, and without re-
gard TO any instructions for delay from the
court to any members Of the Grand Jury.
Your Honor, respectfully submit that II
jury under these facts, or any members
thereof, are instructed not TO find an in
dictment, that they are then instructed.
in effect. TO violate the law and TO prove
or become recreant TO their oaths OF office.
| respectfully further submit, that there
can be no authority for Your Honor, as
Judge, to- Interrupted.
Judge DuBose-Will you tell mo tho
object OF your discussion this morning2
Attorney-G General Peters-My object and
, purpose, Your Honor, is this That
: have been, in the discharge OF my duty as
Attorney General, prevented-llnter'
ruptedl
Judge DuBose-That you have been
prevented from having an indictment
ioundl
Attorney General Peters--Yes, sir.
:. Judge Dul3ose-And you know, Gen
Peters, as well rs | do, what the reason,
7 are. Then / will ask you another ques
! ton. You know. Gen. Peters, since you
have brought up this thing this morning
d, that have instructed YOU several times tC
: prepare bills OF indictment in cases where
= the evidence was point blank and plain
and that you did not dot.
Acknowledgement Peters without goin,
: into discussion OF n collateral issue | vii
! answer Your Honor in this way: Tha
where | think there are grounds for indict
ments have always presented them, anC
in cases where Your Honor has directed mi
. 10 present bills after carefully examining
= the law and evidence | have reached tn
= conclusion upon my official oath and con
science that no oiiense had been commit
.. ted, | did not present indictments; anC
, this brings us simply TO the very question
=, that am discussing that the Attorney
General Is the sworn law officer Of th
State, and that IL IL his sole province {
" present bills Of indictment to the Gran,
a. Jury [lntenupted.l
I, Judge DuBoso-What docs all lhi
!. mean, any way7 Why all this scene2 Ie
!, US stop this discussion, there is no sense I
# IL. Don't let's discuss II here In ope
court. | have heard enough OF H. 70
know ~ well NJ you are a living man "
:, are carrying on this investigation with
determination OF finding out what are IN
- true facts Of the whole case, as tho publ
seems 10 demand II. There has bee
a wrong done In that station-house whic
y will open the ewes OF some people. hav
" been with the committee OF experts In u
ing through those books, and your wi
nesses, OlIayer and Davis. You can
@ believe this police evidence. Davis ha
" marks all over those books; We find HI
u marks all along, and some fearful mark
I you will find, too. We intend 10 go dow
ic 10 tho bottom Of this matter before "
III bring forward any report, and II you don
y want 10 take any hand In this investigator
:, we will get along without YOU aud appoiI
~ an Attornoy-Goncral pro tenn.
= Acknowledgement Pcicn-Wc win di
cuss that matter when II comes mp. tn
point make IL this: Your Honor say
'c YOU are making other investigations, whc
~ the proof In this ease has been offered a
-. ready. And meanwhile there can be n
~ requisition for Salimarh.
Judge Dullosc-C Can't YOU get n rcquis
20 ton for Salimarsh under n warrant
Atiorncy.G General Peters Possibly n
nc but why would Your Honor assume TO a,
Law the Indictment Where Is the auiho
y, ity TOT Your Honor 10 delay or or diciaI
oil indictments? Or 10 interfere with 4,
thwart tho Grand Jury or Attorney. Gel
w cral while acting within the scopc Of the
legitimate duties. | respectfully submit
us that TO delay them Is diciatioh to- In
tcrrup,cd by gayel.
M Judge Dnljosc-I would Just have "
ID. 10 rccolecl that this Is my court, sir, an
IT. that propose 10 run Il myself from top
OF bottom.
ig Acknowledgement Pcters-And | agai
/ q 4. Ia. A..