The morning call., 1891-12-14
THEY WILL DlSBAND.
The Grand Jury to Make Its
Final Report On Tuesday.
a Difference as to Whether Certain Evidence
Should Be Made Public-The Grand
Jurors Disappointed.

The decision OF the Supreme Court de-
claring the Grand Jury impaneled by Judge
Wallace an illegal body and invalidating all
indictments made by that body against
Buckley, Kelly, Bruner and others, and
nullifying the proceedings begun for the
removal Of City and County Attorney
burst, formed the chief topic of conversa-
ton in all circles yesterday.
The decision makes the situation very
strange one. The Grand Jury impaneled
by Judge Wallace has been declared to have
been invaidly selected. Still, Judge Wal
lace remains Presiding Judge of the Su-
perior Court, and will so remain until Janu-
ary 1st. What Judge Wallace will do is not
known as he has declined to express him.
self on the situation on account of the deli
cate position he occupies, the Supreme
Court being his superior officer as ii we're,
and the lower court being compelled to
follow its decisions. On January 1st the
twelve Judges of the Superior Court will
meet and elect new Presiding Judge.
wALLACE's SUCCESSOR.
1t is now generally known that Judge
Wallace will not be selected to succeed him.
self, but that the usual rule of rotation will
be followed and the honor given to another
Judge, Judge Slack being believed to have
the greatest claim for the place. After the
selection of a new Presiding Judge. it is
odiu CdCu Will dsdlu pldCO LWelN6
names in the jury-boX and the usual mode
OF selection without the aid of an elisor will
be followed, and thus all taint of illegaiity
will be removed.
The members of the Grand Jury from the
foreman, Barclay Henley, to the guardian
of the inner door and main inquisitor DIR.
Cleveland, are much disappointed at the in
terruption in their work.
From a number of interviews held yester-
day with members of the invalidated Grand
4
appointment is the general feeling, yet
majority of them think that they have not
worked in vain.
HEALTHY SENTIMENT.
They expressed the belief that the jury
had worked up q strong, healthy sentiment
against Doodle and political criminals. and
that this sentiment would not die with'the
invalidating of the Grand July. The jurors
stated that after being impaneled they had
been much haml cred by legal difficulties,
first by the Chute case and Judge Murphy's
decision, and secondly by the Bruner
!ap application Tor a writ Of prohibition.
They had but six weeks work to
themselves. and during this time they
had to do without considerable prom
lsed evidence, which would have been given
had tile jury been sustained. 1t is said
that over twenty prominent witnesses had
agreed to testify providing the Grand Jury
was sustained, and that the members of the
Grand Jury had to accede to that condi-
tion.
The Grand Jury will meet on Tuesday as
usual at o'clock. The course to be pur-
sued will not be known until the body gets
together. From canvass made of the
jury II was learned that all are in favor of
at once dsbaBding and bowling to the de-
cree of the Supreme Court. They see no
other course open.
ACCUMULATED EVIDENCE.
The only difference will be in the nature
ttA Id, WI
jury disbands. 1t is known that some sort
of report will be filed, but it is not known
whether 1t will include some of the work of
the jury not yet made public.
The jury during its existence accumu-
lated quite a mass of testimony which
would not be used without further corrobO-
ration and investigation. There is prOpo-
stion to incorporate this evidence in the
final report of the defunct jury. This
proposition is liable to meet with some op-
position on the ground that the evidence
should be turned over to the succeeding
Grand Jury.
The general belief was expressed that the
Grand Jury had found number OF indict-
ments which were locked up in the pandora
box and heTmetically sealed, but it was DOS.
itiyely stated by one in position to know
yesterday that every indictment that had
been found had been filed, the box only COR
tanning collected evidence which had not
been formulated into distinct charges.
SAM RAINEY.
A rumor was in circulation yesterday that
Sam Rainey, Buckley's chief assistant, was
in town, and some politicians stated that
they had seen him. An investi-
CATION showed that there was no
foundation for the report. although it was
learned that the statements made about
Rainey being in Chicago Ireland and in the
South have all been false. The fact is,
Rainey has been in the State for over three
weeks, and this was known by several of
his friends.
A prominent member OF the Fire Depart
ment stated last night that Mrs. Rainey
came TO him three weeks ago and informed
him that her husband was on his ranch at
Livermore looking out for fine new build
ing which he is having erected. The same
official stated that Rainey has been there
ever since.