Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-13
NO INDICTMENT FOUND
The Grand Jury Ignores the Charges
Against Officer Green.
The Members Think Foster Was
Killed Accfdentally-The Case to BE
Taken to the Next Grand Jury.

While the grand jury has not officially
reported to the court it's conclusion in the
case Of Policeman Green, charged with the
killing of Reuben Foster the young colored
man whom he had arrested near Hillsdaie
on the 4th instant, District Attorney Bir-
ney would not deny this morning the re-
port that the case had been ignored by the
grand jury. Tie grand jury was engaged
in examining the witnesses summoned be-
fore 1t by Mr.. Birney most of Monday
and up to the time it adjourned yester-
day. Neither Mr.. Birney nor his assistants
would give out any information in the case
yesterday, except the fact that witnesses
had been examined, and the now undoubted
belief that the body decided to ignore the
charge against Policeman Green was, it is
said today, authorized by information given
out last night by some member or MEM
bers of the grand jury.
What MIR. Birncy Says.
Mr.. Birney stated to a Star reporter to-
day that, while he had not yet been off,
cially informed, he had reason to believe
that the grand jury had ignored the case
he had presented against the officer. He
expected the grand jury to make report
in court at IL o'clock tomorrow morning
to this effect. Mr.. Birney explained that
the action of the grand jury in ignoring
the charge of manslaughter made against
the officer was a matter of not a little sur
prise to him, although it was not his prov
irce to criticise their conclusion. He had
summoned before the grand jury every per-
son who had knowledge of the killing Of
Foster, and had in every way performed
the duties incumbent upon him in the case
Therefore he was in no way responsible
for the failure to return an indictment
against the officer. The grand jury, ex-
planned Mr.. Birney, was the sole Judge of
the testimony, and its action, of course.
finally determined the matter far as he
was concerned, and prevented any further
action certainly before the present grand
jury.
While 1t is generally admitted that the
action OF the grand jury precludes any
further effort to secure an indictment
against the officer during its term of serv-
ice, it was stated by the officials of the
district attorneys office that the conciu-
sion or finding of the present grand jury
being submitted to the next grand jury
for its action. The term of the present
grand jury terminates on the first Mon
day of next month. when 1t will be sue
tinue in Office until october. When Mr..
Birney was asked if he would present the
case before the next grand jury, he de-
it is generally believed that he will do SO.
Will Try the Next Grand Jury.
The action of the grand jury occasioned
not little surprise about the city hall,
but Messrs. E. NJ. Hewlett and NJ. NJ. Hol-
land, two colored attorneys, who have in
terested themselves in laying the case be-
fore Mr.. Birney. stated that they were
not nearly so much surprised as were the
attorneys of the police officer. They said
that they deeply regretted the refusal Of
the grand jury to return an indictment,
but explained that instead of abiding by
the conclusions of the present grand jury,
they " ould most respectfully insist upon
Mr.. Birney laying the matter before the
succeeding grand jury next month. They
had no complaints to make being conf
dent that Mr.. Birney had done all he could,
but believed that the officer would surely
be indicted by the coming grand jury.
Some Witnesses Examined.
Some ten or more witnesses were exam
ined by the grand jury. but Clerk Downs Of
Criminal Court No. /, who has charge Of
the list of witnesses refused today to make
known their names. 1t is known, however.
that Lieut.. McCathran of the police force.
who is said to be a relative of Foreman
Donald McCathran of the grand jury, was
one of the witnesses examined yesterday.
1t is understood that the grand jury justi-
fies it's reported refusal to indict the officer
on the ground that the killing Of Foster
was the result of an accident. 1t is also
understood that so fearful was Policeman
Green of being indicted that he had already
made every arrangement to give bail, and
is said to have been in the neighborhood Of
the city hall practically all day yesterday.