The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-12-20
NOT TO BE SCARED.
Grand Jurors Resent a "Bluff"
From Bruner.

Foreman Barclay Henley of the Grand
Jury called upon Judge Wallace yesterday
and asked why the Supreme Court officials
had served him with copy of the writ Of
prohibition issued in the Ewood Bruner
case. 1t appears that a.messenger from the
Office Of j. c. Campbell, attorney for Bru-
ner, called on Henley and Irvine Graham,
Secretary of the jury. and left copy of the
writ, although it was not directed to either.
Judge Wallace informed the nettled
county inquisitor that Bailiff Washburn OF
the Supreme Court served a copy of the
writ during the week, but Mr.. Washburn
remarked that ii is usual to delay the serv-
ing of such papers for few days to enable
the party affected TO apply for a rehearing,
and that he had been directed by the Chief
Justice to say that if Judge Wallace de-
sired more time he could have it. 1t seems
that the rule of the court Is to allow twenty
days in ordinary cases for an application for
a rehearing. but that rule does not apply to
the writs issued by the court
Washburn then asked where he could find
Foreman Henley.
what do you want with him? He NOT
3 party to this NATTER
Washburn stated that he had q copy OF
the writ, which he wanted to serve on Hen
ley.
Judge Wallace laughed, and told the
balliff that Henley was probably at his of
fee.
Washburn again spoke about the offer of
the court to grant Wallace time for a re-
hearing, but the latter said: you have
served the writ on me now and l have no
time. This is like appealing after man is
hanged. can now only obey the conf
mand."
Washburn departed and Judge Wallace
walked into his Office and dismissed all the .
proceedings against Bruner. He did not
wish to be caught in contempt OF the Su-
preme Court.
What Judge Wallace said to Washburn
probably bore fruit, for on that officials re-
turn to the chambers of the Justices they
consulted and sent word to Campbell that IL
he wanted to serve writs on Henley and the
other jurors he would have to serve them
himself. Mr.. Campbell accordingly did so.
The gist of the whole matter is probably
that the justices were hasty in granting the
request to issue the writ against Wallace. as
by doing so they have cut off the privilege
granted In all other cases, namely. the priv
llege Of applying for rehearing.
Mr.. Henley visited the Supreme Court yes
terday and was told that no officer of the
court had been authorized to serve the writ
on him. That was private enterprise Of
Campbell, Burners attorney.
Foreman Henley, speaking of this matter,
says: "If anybody thinks the Grand Jury
Is going to be 6luffed or scared by threats Of
damage suits or the service of unauthorized
wrltS on the MEMBERS they are mistaken.
We will proceed just as we have planned,
and such threats are waste of powder"
Juror Jere Lynch, who was at the City
Hall, said: The object of all this is un-
doubtedly to scare us; but it will not affect
the jury. We shall report next week on
Tuesday or Wednesday, just as though We
had not been served with the writ of pro-
hibition."
The invalid Grand Jury will probably
hold meeting on Tuesday to listen TO the
report OF the. committee appointed to draft
a report for Judge Wallace.
The Methodist Church in this country has