San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-11-19
THE GRAND JURY
APPLY TO JUDGE NoooAN
For HIS Advice as to Their Manner
of Procedure In the Con
tempt case.

The grand jury, the city administration
and Judge Kings court are becoming
standard topics of conversation in all
parts of the city and every day something
or other comes up to keep the interest
awake.
Yesterday Judge Kings action in finng
the grand jurors for contempt because
they sent baiiff to summon him caused
much comment for and against the mat
ter. Judge King says he did not refuse to
go to the grand jury but went after he
adjourned court.
This morning the grand jury
pearPd about eleven o'clock be-
lore Judge NOOnan and stated they
had a communication to submit to the
court. The rge courtroom Immediately
began to fill up with citizens, and was
soon crowded as the jury was poled Pro-
I ceedingS in the case of Ed. johnson, on
trial for theft, were stayed and District
Attorney PaSchal read in a clear voice
| the memorial
The document was very lengthy and
| first cited that the jury was duly en-
pannellrd by the Judge of the 37th dis
| tricJ and had entered upon the perform
| ance oftheir duties. Thai OnSaturday Nov.
| l4th they issued an attachment for Judge
-.
| and placed it in the hands of bailiff.
The bailitf did not serve the writ until
| Monday about 1920 a m. lie served it
| in due form on Judge King, in the most
polite manner possible, stating to the
Judge that any time before . o'clock
would do for his appearance,
After that no other process was issued
| for the witness, and he appeared on the
| 18th the day after service was had on him
and testified.
| About 1":3O o'clock a. m. on the 18th
Of Nov, while the jury was in the active
performance of their duties in the grand
| jury room, Sheriff Mccall intrudpd him
self, without call or summons, into the
grand jury room ard served pcremptOry
summons for them to appear before Judge
| King, and show cause why they should
| not be fined for contempt in SummOnng
| the said Judge King TO appear before
| then, as cited above. Stress was laid on
| the fact that the Sheriff'S papers were
dated on the afternoon of the 10th. anu
were served nearly IS hours after,
That although IS hours had interviewed,
the papers were not served until they, the
Jury, had assembled and were interrupted
while I'm the active discharge of their
duties. The document further recapitu-
lated that they were taken by surprise at
the summons and asked for and received
one-h half hour to prepare their answer.
Their answer, as published yesterday,
was submitted and read. also the decree Of
of Judge King that they be fined for
contempt, the fine to be collected
only after adjournment OF the jury.
They begged 10 show that since the 5th
of October last, when they were sworn In
as Jurors, they had been acting to the
best of their ability and knowledge
Their work is not yet completed, as mat
tiers of serious import, that, II delayed
until another term, would be barred by
the statute OF limitation, would come be-
fore them. 1t was their desire to present
all things truly, but spirit OF obStruc-
tion had manifested itself in certain
quarter, to the grand jury in the per
Torrance of their duty, the members had
been msligned and their work, as in
Stanced by their three days detention
in the last week in the court lin the Pref
2 r contempt caSe) had seriously been i'm
peded.
In regard to the bailiff serving the writ
on Judge King while he was on the bench
they stated that they did not instruct
him when or how to serve it, and were
entirely innocent OF any contempt, and
asked the advice of the court as to the
construction they should put upon article
lO4 criminal code. and also if it applies t.
all, or il any persons are exempted from
urand jury summons, and If so, who?
They refused to apologize for the acts of
bailif. and felt deIicacy
10 proceed with their work as grand
Jurors until they had his advice on the
matter, or if they should be discharged or
remain at work.
SuhiOinpd to the document was the af
fidavit of BaiifT w. p. Bitter,
stating that he had served the
writ on judge King quietly and cour-
teOuslv, and told him ANY time before ?
O'Clock would do for him TO come" Judge
King asked: "Who is your foreman?'
and when told Fl l.. Degner was. said To
tell him he wanted to see him. He might
get In jail for contempt.
After the reading Of these lengthy
papers. the SynOpseS of which have only
been given here, Judge NoOnan spoke to
the grand jury and said he would like to
accommodate the in their request to be
discharged, but the best interests of this
community won d not be SubServed there
by. Do your sworn duty as jurors and
do not swerve ~ the right or left
The courtroom, as these MOrdS of the
judge sent the grand jury back to their
labOrs, rang with an Outburst OF APP
plauSe from every part OF the
room, and the deputies sheriff only sue
ceedpd in gaining quiet by loud calls OF
"Order in court! gentlemen! Order in
court"
Judge Noonan says the matter 10 hand
will have no bearing on the acts of the
grand jury, from LEGAL point. How
could it, being in another district"
-