The morning call., 1891-10-01
GRAND JURORS TALK.
A Plan to Summon Judge Murphy
Before the Tribunal.
The Jury Will Go on With the Business Until
the Supreme Court Passes on the Cues
tion Of Its Validity.

The news of the decision of Judge Muir
ply releasing Chute was soon known to the
Grand jury, many of whom were present
when the Courts opinion was delivered.
None of them expressed surprise, as the re-
suit was generally looked for.
From talks had with a number of the jur-
ors subsequent to the decision one fact was
apparent. and that was that the Grand Jury
would ignore the judicial attack on its le-
gaity and act as if Judge NJ urphy had made
no attempt whatsoever to overrule the law
as set forth and enunciated by Judge Wal
lace in his formation of the inQuisit orial
body.
Further Investigation also revealed the
fact that the leading members of the Grand
Jury a re at present busily engaged in form
ulating plan by which Judge Murphy's de-
cision will be practically nullified. Each
proposed plan has for its object the taking
Of The question of the Grand Jury's legality
before the Supreme Court, where. in the
opinion Of the members of the jury, it should
have been originally tried, and not In
court of coordinate jurisdiction with the
one which brought the jury into existence.
PLANS OF PROCEDURE.
Two plans have tLus far been proposed to
secure the end The first Of these is said to
be no more startling a proposition than the
summoning of Judge Murphy himself be-
fore the Grand Jury as an individual.
Judge Murphy, of course, would not obey
the subpoena, for he has just decided the
Grand Jury to be an illegal body. On his
refusal to obey the summons the same
course will be taken as in the Chute case,
and Judge Murphy as a citizen, If the
scheme is carried out, will be sentenced for
contempt.
In getting out a writ of habeas corpus
Judge Murphy could not sit on his own
case and would be compelled to sue out his
writ in one Of the other departments Of the
Superior Court in the Supreme Court,
which is the very thing desired by the jury
A man close to the jury offered to wager
yesterday that Judge Murphy would be
subpenaed within f0rty-eight hours.
A FRIENDLY TEST.
The second plan proposed is to select
some friend Of the Grand Jury who will re-
fuse to appear when summoned, and who
will be sentenced for contempt in the same
way as was Dick Chute. The idea is then
to have this friend sue out his writ in the
Supreme Court, whose judgment the jurors
think will be in their favor, according 20 the
verdict of the best practitioners at the bar.
Whatever plan is determined on. one
thing is certain, and that is that the Grand
Jury will continue to meet and carry on its
business until a court of competent juris-
diction passes upon the question of its legal
ty. This may be seen from the following
interviews had with grand jurors yesterday:
GRAND JURORS OPINIONS.
Barclay Henley, foreman of the Grand
Jury-I regard The decision of Judge
Murphy rs judicial outrage. and as an un-
lawful attempt to set aside The lawful judg-
ment of Presiding Judge Wallace. The
opinion of Judge Murphy don't even raise
doubt in my mind as 10 the validity of the
Grand Jury. l believe, and the legal pro-
fession believes, that there is not debata-
ble question involved in the case. The
Grand Jury has not vet met to discuss the
matter, but you may rest assured we will
ignore the decision as if it had not been
made. We will 90 on.
Jeremiah Lynch think Judge Murphy
employed two hours this morning very sue
cessfuly in running his character as man
and his capacity as Judge. The Grand
Jury will 20 on.
WILL GO ON.
William Cluff-We will act rs If the de-
cisiOp had not been rendered. We do not
think that Judge Murphy had any right to
interfere with the Grand Jury, and the
question ought to have been decided by the
Supreme Court. | think the legality of the
Grand Jury will be tested there eventually
The Grand Jury will go on.
LipIman Sachs I think the proper
body to have passed Judgment on the jury's
legality was the Supreme Court, and not
Judge having the same jurisdiction as the
one which called the jury into being. We
will ignore the decision and continue to
meet until the proper tribunal acts in the
matter. The Grand Jury viii go on.
Mark Sheldon - We won't back down,
and will do our duty. I'm not lawyer, but
l don't think Judge Murphy ought to have
interfered in the matter. l think he made
a mistake. The Grand Jury will 60 on.
Other members of the jury expressed
similar opinions