The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-10

understand that there are any rules oil
evidence by which court was bound in
matters of this nature, but stated that there
was very serious question in his mind
as to whether or not the details of an ex-
animation before a Grand Jury could be
gone into.
81 do not understand" he said, ''that
the rule of secrecy applies to any person
but Grand Jury and grand jurors are not
obliged 10 talk of the matters before them,
except in case of perjury committed be-
fore them. There is one other case where
this principle is applied, and that is that a
trial Juror is: not allowed to impeach his
own verdict. Now, as to the minute de-
tails of this examination, | think there
might be very serious objection"
well. if your Honor please" said Mr..
Barnes. perhaps [ framed my question
incorrectly"
II will permit the District Attorney"
said his Honor, ''to ask this question,
Whether or not the gentleman's action
and conduct as one of the jurors was the
subiect-matter of investigation before the
United States Grand Jury:
II submit, your Honor, that that would
be worse still"
"Well, sir, shall allow that question: -
replied the court
''Was not your vote and conduct while
member of the Howell jury the subject
of investigation by that Grand Jury?"
Mr.. Deuprey again objected on the
ground that the record was the best evil
dence, following this with the objections
made previously. He waxed very indig-
nant and stated that any dirty scrub"
could file complaint before secret body
against any gentleman and he would be
compelled to submit.
Now we submit" he continued, THAT
unless the record shows what the result
was, that it is prejudicial to this present
investigation, this question should not be
asked"
Judge Murphy stated that he was not
aware that there was any record kept of
the proceedings of Grand Jury, and, he
concluded, Il presume that have had as
much experience as some other people,
and | have never known that anything
except the filing and presentment OF in
dictments was record of the Grand
Jury"
Mr.. Deuprey insisted that the report of
the Grand Jury was a record, but Judge
Murphy overruled the objection, stating
that he did not know of any such record.
''As that question is framed" said Mr..
Brown, my answer would be no."
while you were before the United
States Grand Jury were you questioned as
to the reasons which induced you to give
your vote in the trial jury in the particu-
lar manner in which you did?
II was not, ;" answered Mr.. Brown, after
the objection OF Mr.. Deuprey had been
overruled.
.'You said that as my question was
framed, Mr.. Brown-my question before
the last one" said the District Attorney,
"that you would answer it 'no?'
Il might state"
"We object to his statement" exclaimed
Mr.. Deuprey.
'sThe objection is overruled," said his
Honor, 81 will allow him to make any
statement or explanation
81 will state" said Mr.. Brown. "that
when was before the Grand Jury that
body considered no question relating in
any way, shape or manner as to the reason
why any juror had reached his verdict IN
that case"
Didn't they question your conduct as
juror in the counterfeiting case,'' asked