The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-07
A TEST CASE.
That Will Settle the Status of the
Grand Jury.

The test case of E. B. Raymond was
brought before Judge Wallace yesterday
afternoon. 1t lacked the seriousness of a
genuine case, although it will doubtless
serve to settle the contested points. When
Judge Wallace stepped into tIsiudicial
chair his face wore half-suppressed smile
that was more or less apparent during the
proceeding.
Barclay Henley. foreman Of the Grand
Jury, was an interested spectator, so was
Jere Lynch, Chairman Of the Committee on
Legislative Investigations, and several
others. In close consultation with them
from time to time was eX-Supreme Justice
A. L. Rhodes and Attorney Ben Morgan,
who assisted the people In Chute's case be-
fore Judge Murphy.
Attorney General Hart lodged neryously
around the COURTROOM, first in consultation
with the grand jurymen, then with District
Attorney Barnes, and apparently very
much Interested in all that was going on.
The District Attorney was on hand, accom-
panied by Foreman Henley's affidavits, and
waiting for the Judge to call the case.
CALLS THE CASE.
'In the matter of E. B. Raymond for con-
tempt" said Judge Wallace, still smiling.
Mr.. Raymond had not yet appeared. The
District Attorney read the SheIiff's return
in tile attachment, certifying that he had
been unable to find Mr.. Raymond. Mr..
Barnes explained, however that he had but
a few moments before seen the gentleman.
ana had been assured that he would answer
in person right away.
1t so proved Mr.. Raymond appeared in
court few minutes later, and signifed his
readiness to proceed.
us Mr.. Raymond represented by coun-
sel?" inquired the Judge.
81 appear in my own behalf, if your
Honor please" replied the contemptuous
defendant.
VERY well, then; proceed, gentlemen" !"
the Judga added.
The remainder If the proceedings, so far
as the people were concerned, was exactly
tile same as in the Chute case. District At
tOrney Barnes read Foreman Henley 5
affi1avit that Raymond had been sum-
moned before the Grand Jury and refused
to appear, the court was accordingly asked
to take the usual course.
RELIES ON JUDGE MURPHY.
Mr.. Raymond, in his own behalf, said
that he relied upon the rulings of Judge
Murphy in he Chute case, which declared
the Grand Jury an illegal body. He there
fore did not leel called 10 obey its summons
or recognize its existence. In addition to
his remarks, he filed with the court a
printed copy Of Judge Murphy's verbose
decision.
Judge Wallace's smile broadened per-
ceptibly as he noticed the young attorney.
with all seriousness, draw a supplement Of
an afternoon DOODLE publication from his
pocket and hand it to the clerk.
well, Mr.. District Attorney" said he.
"what do you wish to suggest in this case?"
Your Honor has all the facts" replied
Mr.. Barnes. "and. of course, it is purely
within the discretion Of the court what shall
be DONE"
Judge Wallace referred to the case of
Chute. and said he had seen no reason thus
far to change his mind. He believed he was
right in prOnouncing the judgment he did on
Chute, and as this appeared to be an exactly
similar case he would treat 1t in the same
manner. He accordingly adjuiged that the
defiant witness be fined $500 and imprisoned
five days in jail.
ARRESTED AND RELEASED.
Mr.. Raymond was taken into the Sheriff s
custody, and proceedings at once put on
foot to obtain his release on a writ of habeas
corpus issued out of the Supreme Court.
Following is his petition:
Your petitioner believed in good faith that said
so-cAlled Grand Jury was not legal Grand
Jury, nor even de faclO Grand Jury, and that
II was altogether without jurisdiction TO legally
command bis attendance before IL TO be ques-
Toned on 0ath about any matter. This was not
only tile belief Of the petitioner, but had been
declared 10 be true by a Judge OF the Superior
tI Tonrt oL san Francisco. Wherefore your peti-
said socalled Grand Jury.
among others are the grounds on which peti
tioner AYERS That the said alleged Grand Jury
was not ana is moi legal Grand jury and is
wholly without jurisdiction 10 command peli-
tloner TO come before IL TO be questioned as
witness In the matter. The members comprIs-
Ing II were not designated, selected. drawn oil
summoned according 10 law.
Nine OF said jurors, namely, James M. Me-
Donald, DIR. q. ID. Cleveland, Barclay Henley w.
NJ. Cubeiy Jeremiah Lynch. w. S. Zeiier, James
Denman, Z. j. Kenzsdy, Reuben Tucker, were