The record-union., 1891-10-01
CHUTE CONTEMPT CASE.
JUDGE MURPHY DISCHARGES THE
DEFENDANT.
He Holds That the Manner in Which
the Grand Jury Was Drawn
Was Not Regular.
Special 10 the REcoRD-USIoN.

special 10 the RECORD-USION.
SAN Francisco, Sept. 30.-Judge Muir
ply, Of the Superior Court, in passing
upon the writ Of habeas corpus sued out
by Richard Chute, discharged the latter
from custody.
The court recited the facts which led up
to Richard Chute being cited for con
tempt, and stated that the following four
determination
l. Have 1, as Judge of this court the
legal right to hear, determine and decide
the legality of the action and proceeding
taken by the presiding Judge of this court
IN the impanelment Of the alleged Grand
Jury?
,. Was the mode and manner pursued
by the presiding Judge of this court in
obtaining and ascertaining the names of
the persons 10 constitute the Grand Jury
legal and proper?
3. I,nder the facts in this case, had the
presiding Judge the legal power to appoint
an elisor?
I. Can the question here involved be
determined under writ of habeas cor
pus, and what is the proper order to be
made hereunder?
The court deyotes many pages of his
decision to showing that any person un-
liberty under any pretense whatever
may prosecute writ of habeas corpus to
inquire into the cause of such imprison-
ment or restraint.
In discussing the second point the
court holds that the manner in which
Judge Wallace drew the Grand Jury was
not regular.
The third point he dismisses after quot
ing from various authorities, showing
that an eiisor could not be appointed
until after all other means provided for
by law had failed.
In dealing with the fourth proposition
the court says:
If am correct in the three PROPOSE
tions here discussed, and more particu-
larly the last, there can be no doubt or
question as 10 my right and duty to order
the discharge of the prisoner
The decision was very lengthy, and oc-
cupied fully an hour in reading
In the concluding sentence Judge Muir
ply said:
"It only remains for me, therefore. to
order and adiudge that the prisoner be
discharged from the custody and re-
straint he is now held under bv virtue
Of said commitment for the alleged con-
tempt as herein set out, and that his bail
be eXonerated. And it is so ordered.v
AS soon as Chute was discharged he
was served with subpoena from the
Grand jury commanding him to appear
before that body at 3 p. NJ on Friday
Barclay Henley, foreman of the Grand
jury, said to-day: II regard Judge
Murphy's decision as a judicial outrage.
and as an unlawful attempt to set aside a
lawful Judgment of Presiding Judge
Wallace. The Grand Jury has not vet
met to discuss the matter, but we will fg-
more the decision as if 1t had not been
made"
Other Grand Jurors expressed similar
opinions, and said no attention would be
paid by the jury TO the decision.
Attorney-General Hart said: 1.-THE
Grand Jury is legal body and was le-
gally impaneled in accordance with the
laws of the State. AS to Judge Murphy,s
decision, | cannot express an opinion un-
til | have read it."
On being asked if he would take steps
to have the Supreme Court rule on the
validity of the Grand Jury's proceedings.
the Attorney-Generals said:
YES; / have considered such course.
and may act with that end in view at
once. The only way to get the matter be-
fore the Supreme Court is on a writ of
prohibition or review"
A mass meeting has been called, to
take place next Friday night at Metro
politan Temple, to protest against Judge
Murphy's decision in declaring the
Grand Jury an illegal body.