The herald., 1894-07-17
THE GRAND JURY ALL RIGHT.
Decision of Judge Ross as to
Indictments.
The Competency of the Federal Jury
Fully Established.
The Opinion ;n Full as Handed Down
in tho United States Court.
Other Casos in
Court.

Yesterday morning the attendance Of
spectators at the session of the federal
court was quite large. The crowd had
the pleasure of listening to decision
by Judge Ross, pronouncing the grand
jury all right, but Conductor Charles
Heart awaited in vain decision in the
contempt proceedings against him. Day
after day ne has appeared in court for
over week and still the judge gives no
sign OF having come to determination.
Immediately after the converting oil
the district court Judge Ross referred TO
the cases against w. H. Clune, ct al
and @. I. Buchanan, OF AL, in which
bias by the grand jury was commended
for by their counsel and read his decis-
ion denying the motion to quash the
indictment.
THE grand jury which returned the
indictments in these caees," said the
court, was impaneled prior to the COM
mission of the offensea which consti-
tute the subject OF the indictments, SO
that the defendants could not have been
prior to the impaneling of the Jury.
The questions which they seek to raise
by the motions to quash the indict-
ments is a challenge to the personnel OF
the grand jury. There are no pro-
visions OF the United States statutes
regulating challenges to such Jurors un-
der ouch circumstances. and IL ia there
fore proper ior the federal court to fol-
low the practice OF the courts of the
state in which it is held with reference
to such objections"
Speaking with reference to the testi-
mony Judge Ross says: "a careful
consideration OF the evidence satisfies
me that none OF the grand jurors were
in state of mind in reference to the
charges against the defendants in these
cases which prevented them from act
ing impartially and without prejudice
to the substantial rights of the parties
challenging. The various opinions and
Impressions OF the grand Jurors were not
OF such q character as to prevent per-
fectly impartial and fair consideration of
the charges against the defendants, and
each of them testified that his mind was
in such condition that he could, and
that he in fact did, act impsrtislly and
fairly upon the matters submitted to
him in respect to the charges. nolwith-
standing such opinions or impressions ae
he may have had. The remark made by
Juror Sweet day or two alter the find
ing and presentation OF the indictments.
in the course Of q discussion with some
third parties, that 1.-THE strikers should
be filled full of Lead" specially relied
upon by the counsel for the defendants.
as showing q state of mind on the part
OF that juror which rendered him pre-
j bfddBsf al And snJ p pas. while highly i@
any time or under any circumstances,
was made subsequent to the finding and
presentation OF the indictments in Ques-
ton, and after some of the men en-
gagged in the strike had wantonly de.
stroyed private property; and the tes-
timony of the juror Sweet, in which he
is corroborated by the witness Jeffreys,
is that what he said was, in substance,
that the strikers who engaged in the
destruction of private property ought to
be filed full OF lead. 1t is true that two
witnesses, Perkins and Hollen beck, in
effect denied that Sweet made that
qualification. But think it very inn
probable thatNSny reasonable person
would say the man should be
shot for exercising his right
to strike or stop work. The probabili-
ties are all in favor of the truth of
Sweets testimony that he made the re-
mark with reference only to those strik-
ers who should engage in the destruc-
ton of private property. This conolu-
sion finds strong support in the fact that
pending the investigation by the grand
jury of the charges which eliminated,
in part, in the indictments in question,
the Juror Sweet propounded questions
in writing to the court asking its in
structions in respect to the law, which
questions indicated to the court de-
cided sympathy ON the part Of the juror
with the strikers. This was prior to the
occurrence which forms the principal
ground of the motions, and is corrobor-
alive of the testimony of the juror
Sweet given on the hearing of the mo.
tions, which, for the reason sitated, /
find to be true"
" For the reasons stated, the court ia
of the opinion that none OF the grand
Jurors in question in these cases were in
such a state of mind that prevented
them from acting impartially and fairly
in respect to the charges against the de.
PENDANTS. The motion to quash is,
therefore, denied"
District Attorney Denis asked for q
writ of attachment against J. S. Black
man OF San Diego, citing him to show
cause why he should not be punished
for contempt in not obeying summons
as a witness in the United States
court.
The district attorney was granted
two days. further time to file a brief in
the Ravlin case.
The trials OF Harris and Plat, which
had been set for July Oath and 25th,
were continued until August End, by
consent.
At the afternoon session OF the court
the contempt cases OF John Reyburn,
Charles Pickett and Heitchue were con-
tinued until tomorrow morning at 10 80
o'clock.
The cases OF John Howorth and Mar
tin Kelly were continued until 1890
O'Clock this morning.
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The Republican Club.
The Los Angeles Republican club held