The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-02-07

/ of right and justice. A witness, said Mr..
Medrim, is not to De used as an instrument
70 fish out There are some facts in life
tina no gentleman would bring out. We
must. however, resort TO our rights and be
furnished with the questions it Is desired 10
be answered and we Will answer these
which we think should be answered and
give our reasons for not answering that
which we may decline to answer.
+. J. O'ConnOr, Esq, representing Mr.
Ros ignol, said that he occupied the same
position that Mr. Meldrim had outlined,
and be was ready to argue it.
WRITTEN RULE NOT REQUIRED.
Solicitor General Fraser held that the
case did not require "a written rule. He
had not had the time 10 put one in writing.
The witnesses, he aid, had shown them
selves perfectly willing TO appear without
the State making out written rule, to show
cause.
Mr.. Meldrim asked what questions had
not been answered, aud M. Fraser stated
them 10 be as follows, TO all the witnesses;
Do you. or do you not know Of any one who.
at the election hell for mayor and al derm en-
Jan H. Of this year, received any money or
ticket for day labor, or any other considera-
ton for bis vote?
Do you. or do you not know who bought
With money any votes on the 18th?
Mr.. Fraser said that in addition the fol-
lowing question was propouuded to Meosrs.
Prenderrast and Lazaron, which was not
answered:
Do yol. or do you not know Of any one who
sold intoxicating liquor on the day OF the cleo
ton. jan. l5l
Mr.. Lazaro1 said that he had answered as
far as Percy Moulden was concerned.
JUDGE ADAMS RULING.
Judge Adams ruled that witness is re-
n nH ba ma as
II lnterrOgAted by the court. a former
rule for bringing the matter of refusal to
the court is not necessary. He had con-
sidered carefully the decision of the SUI
prsme court, cited by counsel, and the only
point decided is that the mayor could not
be required to produce dockeCs and records
Of the MAYORS court While be had great
respect for Justice Hall, who presided
in the case cited, certain observations are
Justice Halls opinion and not the
courts, Judge Adams said: Il cannot con
cur in his personal views. The grand jury
has the right to investigate violations of
law, whether it is a case pending before it
or not. Their duties are inquisitorial
They have the right to inquire where they
have reason to believe there has been a VIC
lation of law. solemn Obligation is rest
ing upon them on all occasions. The
county government, the county officials are
subjects Of their supervisory jurisdiction.
The grand jurors represent the people, and
it is their duty to inquire into any violation
of the criminal law. If they have any
reason 10 think any penal laws have been
violated they have the right to inquire into
the facts without regard to the particular
case before them"
THE GRAND JURY'S RIGHTS
He further said that il was perfectly
clear TO the court that where a witness is
brought before the grand jury, the grand
jury had the right to inquire into any
violation Of law, and the witness has no
right TO refuse to answer and decide for
himself if the questions are relevant or not.
OF course a witness cannot be compelled to
criminate himself, bat 1t is the duty OF the
wi ness as a good citizen to testify to any
fact that involves a violation of the Law
aad TO conceal the crime is to make one &C
cessory it. In conclusion, the court said
al is the duty Of the witnesses to answer
all questions fully except they NAV not
criminats themselves. They are under
obligation to answer"
The grand jury retired, aud it is under
stood that the witnesses re used to answer
the questions pertaining t. bribery at the
elections, and, as a result. many other
witnesses, who were outside N waiting,
were notified that they might &. This is
interpreted to mean that II further inquiry
will be made in the bribery m alter.