The record-union., 1891-10-07
SAN FRANCISC0'S GRAND JURY.
NO DECISION YET REACHED AS
TO ITS LEGALITY.
The Supreme Court Dismisses the
Agreed Case-A Test Case
Before the Court.
Special TO the RECoRD-UNIoN.

SAN FRANCISCO, Oct. 6.-Attorney-
General Hart fled a lengthy petition for
writ of review in the Supreme Court
to-day, touching upon the impeachment
of the present Grand Jury, and together
with Creed Raymond, counsel for
stephen L. Gage, under attachment for
contempt for failing to comply with a
summons of the Grand Jury, presented
an agreed case covering the points passed
upon by Judge Murphy in dismissing
Richard Chute.
Presiding Judge Beatty, however,
stated that the case as agreed upon by the
counsel presented no controversy which
the supreme Court could be called upon
to decide.
Replying to Attorney-G General Hart's
statement. that the State would be at an
expense for the trials arising from the in
dIcCments that might be found by an
illegal Grand Jury, Justice Beatty stated
that he understood there was a series Of
questions involved that the public might
be interested in, but that a person under
Indictment could apply to the Supreme
Court for writ OF prohibition.
1he court IN bank, Justice Mcfarland
being the only one absent, decided that
the case presented no points in the con-
troversy that could be taken up by the
oupIGLuG OOuGG anu dismissed ILlG wit.
Attorney-GeneralH Hart, in an interview
later, claimed that this course virtually
established the legality of the jury's acts
TEST CASE.
SAN Francisco, Oct. 6.-To-day judge
Wallace issued an attachment for Edgar
B. Raymond to appear before him to
show cause why he should not be fined
for contempt IN falling to appear before
the Grand jury as ordered.
Shortly after 2 o'clock Raymond ap-
peared in court to answer for the alleged
contempt.
District Attorney Barnes read the atfi-
davit of Foreman Henley by which Hay
mond was charged with having refused 10
answer subpoena, after which Raymond
stated that he had good reason for refus-
ing TO obey the orders OF the Grand Jury.
Prior to being served with a subpoena De-
partment Twelve OF the Superior Court
had decided that the Grand Jury was an
illegal body. Under the circumstan-
ces," said Raymond, Il do not feel like
wasting nay time in attendance on o body
which has 30 legal right to sit as Grand
Jury
Judge Wallace smiled and asked the
District Attorney il he had anything
further to say.
Mr.. Barnes merely said that he would
submit the case on the facts.
Mr.. Raymond asked leave to file a COPY
OF Judge Murphy's opinion III the Chute
contempt case, which Judge Wallace
granted.
The court then added: ST held in the
case of Richard Chute that il was con-
tempt to resist the process of this Grand
Jury. ! have since had no reason to
change my opinion. The defendant is
fined $500 and committed to Jail five DAYS.
The Sheriff will execute the order of the
COURT
Raymond left the courtroom with I'm
der Sheriff Deveny, and proceeded to the
Supreme Court for a writ of habeas corpus.
On being requested to issue a writ of
habcas corpus, Chief Justice Beatty de-
clined to Go SO on his sole responsibility.
He called in the other Supreme Court
Justices, and after half an hours consul
tation a writ was issued. returnable ut .
T. NJ. Thursday. Five hundred dollars
cash bail was required and immediately
/ deposited.
Raymond is acting in the case as a
/ friend of the Grand Jury, having refused
! TO appear before them solely for the pur-
pose of getting the Supreme Court to de-
eide the question as TO whether witness
can question the legality Of the present
Grand Jury.