Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-04-30
THE RULE IS DISCHARGED
d.. REYNOLDS NOT IN CON
TEMPT OF COURT.
Judge Jones, However, Dire cts
THAT a Bill he sent TO The
Next Grand Jur,-TwO True
Bi'ls For Embszzlt Ment.

The hearing in the matter OF d. l..
Reynolds, under rule for contempt of
court, came on before Judge Jones in the
Criminal court at 1850 this morning
Mr.. Reynolds was represented by W. II.
]. M, Gudscr, J. II. Mcrrimon
and Locke Craig. Maj, Malone read the
respondent S answer to the rule, as fol
lows:
1.-THE State of North Carolina, Bun
combc county; State VS.. ID. l.. Reynolds.
The respondent y. l.. Reynolds answer
ing the rule to show cause why he shall
not be attached for contempt OF this
honorable court inimproperly approach
ing a member OF the grand jury to in
tlucncc said grand juror, towi!, ]. n
Bell in his, respondents favor, in thc
of bill of indictment
against respondent then pending before
said grand Jury, tor answer thereto
says:
THAT on Wednesday or Thursday last
J. \. Bell, a member of the grand jury,
and atliant met on the street in the city
OF Ashcville. The meeting was acciden.
tai and unexpected. Said grand Juror
bcckoncd respondent aside and asked re
spondent the folio wing question: Dan,
what has your uncle Jim got against
YOU Respondent replied. Nothing,
or at least he ought not to have" Said
Juror then said to respondent: Is there
going to be bill Of indictment sent
against you this court Respondent
replied i have heard it intimatcd
there would be, but how true it is do
not know The Juror then said: AS
your Uncle Jim and | were going home
he told me there would be a bill sent
against you and asked me Bell how
would stand on it it sent. replied that
would stand to Dan as long as could
under my oath, stating at the same time
had always been friend to Dan and
his father. Then DR.. Baird said to me
81 don't know but what it is right to
prosecute him. He has not treated me
nor any OF his securities right, and for
myself expect to do my duty Said
Juror further said Il Inferred from
what Dr. Baird said he would do all he
could against YOU and that is why
asked tl.is question Respondent then
said to the juror: All have to
say to you, Uncle Jasper, is this; Ii
there is bill sent before your body
want the witnesses asked ii they knew
how much is due me as tax collector on
my books.
Respondent is informed and believes
that at {, he time the above detailed con
versation occurred there was no bill
against respondent before the grand
ury, and that no bill was sent before
the grand jury against respondent until
Saturday evening after SAID convcrsa-
ton, and at said time neither the grand
Jury nor the court were in session, and
what respondent said to the said Juror
was said in the haste oi a conversation,
had upon purely accidental meeting
and without time for dclibtration.
"Respondcut says hat while he is ig-
norant of the offence he has committed
il he has committed any oiicnsc what
ever, he here AYERS that lie intended no
disre.pact to the court bv anything he
did or said or has at any time done or
said.
"R, spondcnt is advised that the act
charged against him is not a contempt
of court and is not one of which this
honorable court can take cosnizancc or
jurisdiction in the form OF procedure
| adopted herein
At the conclusion OF The reading OF the
| answer Judge Jones asked the opinion
of the counsel at the bar as to whether
it would be proper to bring Mr.. Bell into
court while the grand jury was IN ses
sion Solicitor Carter inclined to tn,
opinion that it would be better to wai
until the adjournment Of the grand jury
MIR. Mcrrimon asked that the matter gt
on or the rule be discharged
AMI argued that the offence
liz there had been any whatever
did not come under the "cliaptcr o,
contempt" but an offence against th
criminal law, under which indictmen
could be secured.
Continuing, Mr.. Mcrrmon sprau,
something OF sensation when he SAT-
that a witness who had been before tn
grand Jury had given testimony of YER
grave character regarding grand lur
affairs in this particular case. Their
was, he said, according to this witues.
story, man on the grand Jury VIII
stands in close relationship to Mr.. Rey
nolds, who is one OF the surctics on hi
bond, and who has converted himse
Into a prosecuting officer. This ma
supposed to be DR.. j. S. 7. Baird ha
gone to the foreman and charged hr
with trying to prevent bill being sen
against Mr.. Reynolds. These facts NJ,
Merrimon said they were prepared t
prove, and the case he thought was on
the court should consider.
Judge Jones decided that he would no
hear the testimony OF grand jurors Will
the body was at work. As to the hea
ing of Juror Bells testimony and the r,
quest for the discharge of the rule, /
would take it under consideration an
decide upon the rcassemblng of coui
after noon recess. He said the case W.
very unusual and very unfortunat
one and he proposed to sift it to IL
bottom after the conclusion of this cas-
lie charged the grand jury, which ha
been called in, that they must not col
slider statements from any member I
inc DOuy uulCSS lS ndu pSSh o"oih, 6
any witness would be.
Foreman Chas. W. Malone inquire,
after hearing this charge, il the bod
could reconsider bill already made i
but not transmitted from the jury roor
This was answered in the ailirmativ
and Mr.. Malone was sworn by Jud,
Jones.
Grand Juror J. Will Jones asked Il
court il he could be excused, coupling ii
request with the statement that. sin
! the confusion had arisen over this cas-
he was fully satisfied that the jury cou
not arrive at satisfactory conclusio
Judge Jones would not grant the
quest, stating that the jurors had be-
sworn to do their duty and must pa
upon the bills upon the evidence su
) mitted.
Juror Jones d,sclaimed any desire
shirk his duty. The jury retired a,
court adjourned for dinner.