San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-11-13
PREFER PARALYZED.
BUMPED AGAINST THE GRAND
JURY.
Judge Noonan Says He Must Give
His Books Up and Run
When They Whistle.

Another chapter in the attempt OF the
city authorities 10 defy the power of the
present grand jury 10 investigate the
city'S affairs, according to the charge Of
Judge Noonan, occurred yesterday after
noon. On the previous day Mayor Cal
laghan had denied the right of the jury to
investigate the city'S affairs, and Judge
NoOnan had ruled against him, ordering
Sheriff Mccall TO deliver certain Of City
Engineer Prefers books TO the grand
Jury, which had been called for. Ycster-
day the grand jury called for
certain other books. which Mr..
Prefer refused, and he was arrested
and information was lodged against
him in the district court for contempt. 1t
| was argued at 3 o'clock p. M, and the
court room was crowded with citizens
and attorneys. Col. Walthall and City
Attorney BergStrom were defendants for
Mr.. Prefer and Mr.. PaSChal the prose-
\ cutOr
Col. WaltAall denied the right of the
| grand jury to attach the books OF the en-
| gineer or other city official. Thew could
| odgeinformation before the judges, who
| could appoint a committe TO investigate
| said books. or city affairs.
Mr. Paschal, in contradiction argued
| that suspected city government was as
| liable to investigation by grand jury as
| an individual. The grand jury protected
| the community. An investigation might
| be needed to ward off a malicious at
| tempt at Indictment.
! City Attorney BergStrom followed and
made hot speech. The grand jury had
| begun with power to be compared only
| to the Spanish inQuiSition Its bOundleSs
| powers had made 1t dangerous and its
| powers had from time to time necessarily
| been curtailGd. 1t was and is a stencil in
| the nOStrilS OF men, The legislature,
| the sole creator of county and city COM
| mOnwealths. alone had the avthOrity to
| order Investigations or to call for books
| and papers. A man could not determine
| il his testimony before the grand jury
| would Grim nate him or not. Therefore
| his client had the right to know for what
| purpose his books were to be used His
! client was willing, also, TO submit the
| books daily. for any term of days to the
| grand jury, but wanted possession OF
| them.
Judge Noonan said the present was the
| first case Of the kind on record in Texas
| history.
The question of the right of the grand
| jury to, investigate anything criminal is
| an anomaly, Incaled for aspersiOns had
| been cast and an effort made
to beittle the grand jury'S powers.
| Every citizen is answerable and amen,
| able to the laws Of the state. The grand
] jury was one of its institutions. Since
| these books could throw light on the &C
tionS of any suspected individual he could
| not see that any interference could legally
! prevent the grand jury from having ac-
cess to them. This officer has the timerity
to deny the grand jury this right and the
| question naturally arlSeS-Why Should ne
| wish to withhold them? Is there some
| thing in them which he does not wish the
| grand jury to know? One position of his
| attorney is well taken: II he wishes TO
make a IO'nt of the illegality of forcing
| man to give evidence to criminate him
| self, he would take the matter under ad
| vSement and suspend operations of the
| grand jury n the matter until that point
| can be settled.
| Mr.. Bergstrom protested to this. He
| did not wish to make point of this. He
| presented it only to show there We're
| limits to the grand jury',S power. His
| client was willing to go before the grand
| jury any and ! times, for any number of
| DAYS, but it was his desire to retain pos
| session of the books.
| Judge NOOnan decided the question
| very tcrSely on this. after more argument
| end objections pro and con. lie ruled
| that the grand jury should have full and
| free access to the books, and the court
| and grand Jury were responsible for their
| safety and and Mr.. Prefers bOndSmen
| could feel assured on that point.
| Mr.. Prefer. later, was released under
| his attachment from arrest, and gave
| bond in the sum Of 500 for his own recog-
niZance TO appear before the grand jury.
! The case of contempt was dismissed, the
costs taxed against the city engineer.
! Thus the case rested until 10 o'clock
this morning, the hour set when Mr.
Prefer was to bring up the books. These
came not, and at IL o'clock the grand jury
! came dOwn,a Mr.. Prefer with Attorney
| S. q. Newton appeared, after having pre-
scented what they termed an answer in the
| district clerks Office. This District
Attorney Paschal proceeded to read to
| Judge NOonan and the court. 1t was his
answer for contempt, and denied al con-
| tempt, and stated in substance as he an
Swered yesterday, that he was ready ana
! willing to take the books up TO
f 5Ds grand as he Jury wa a the the f Iegsi
custodian of the books, he wanted to re,
| tain them in his possession. He denied
| the right OF the grand jury to hold MS
| books or investigate unless some person
is accused Of an offense and the records
| are needed, etc.
Attorney PaSchal. for the state, presented
| q cross motion to dismiss the answer be-
cause the order was given by the court
Yesterday, which had not been reversed.
| He also cited the order of the court to
| have the books there by 10 o'clock today,
and said that contempt had again been
| committed, the books not being brought
| until II, and asked that defendant be
| held for contempt. w
| Judge Noonan ordered that the latter
| part of his motion, to hold for contempt;
| be dismissed. but dismissed and
| struck out defendants answer and
! ordered the defendant to be committed TO
| the custody of the sheriff until he had
| purged himself of contempt by producing
| the books before the grand jury.
| Defendants attorney said they had the
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