Evening star., 1897-06-11
Reported Disagreement Of Jurors
Over Jail Investigation.
MINORITY DEMANDS FURTHER INQUIRY
The Matter Brought to the Atten-
ton Of Court Today
DISTRICT ATTORNEYS VIEWS

The grand jury, if reports be true, are
sadly divided over the matter of their re-
cent visit to and investigation of the Dis
trfct Jail majority Of them are said to
feel that the prison is in good condition,
and that 1t is being properly conducted.
On the other hand, it is reported that
small minority are of the opposite opinion,
and this minority, 1t Is claimed, are insist
ing that the investigation be continued and
that a number of witnesses be summoned
to appear before the body and testify as
to what they know of the Jail and its Off
GERS.
A number of indictments were returned
by the grand jury this afternoon, and
when Chief Justice Bingham made the
usual formal inquiry as to whether they
bad anything further TO report. Foreman
ChaS. ii. Raub stated that they had hoped
and expected to be able to report as to
something else but the district attorney
had neglected them in the matter and for
that reason they were unable to develop
the matter.
Made II Careful Statement.
While Mr. Raub carefully refrained from
stating the subject matter of the proposed
investigation, there was no doubt that he
referred to the District jail, and to the
charges recently filed against Warden
Leonard by the self-accused housebreaker,
Lawrence Ball, who charged that the war
den had unjustly Disseminated in his treat
ment of him and Sugar Trust Witness
Chapman.
Foreman Raub said that the district at
torney had been requested by him to advise
the members of the grand jury as to Ger
tain questions of law and procedure, AMI
mad also been requested TO summon GER
tain witnesses before them, but the re-
quests had not been acted upon.
This grand jury Mr.
lis a hard-wcrking one. anxious to earn
our money. and we only want to do what
is right. We think that the finale of this
matter would be beneficial, but we can 60
othing unless We know the law and have
the means to make the investigation.
Il think if the district attorney this
honorable court would come up in
room and explain matters to us we could
settle the whole thing in a very little time
ard TO the entire satisfaction of the court
ard the community"
Chief. Justice Comments.
Chief Justice Bingham remarked to Mr.
Raub that unless an Indictment were pos
siole as result of the proposed investiga-
ton, the grand jurors should not concern
themselves about the matter
The, chief justice carefully refrained from
directly asking to be informed as to the
subject matter, evidently being aware that
1t referred to the Jail, but said that while
the grand jury. or some of it's members,
might not always be able to approve Of
the conduot of public institutions or indi-
vldua!s, 1t was not a part Of their duty to
Investigate them
In other words said the court, "they
are called upon to proceed only in those
instances where they have reason to be-
lleve. that some crime has been COM
mitted." i
The chief Justice remarked further that
he feit sure the district attorney would
wit fhn
neglect to advise them whenever it was
proper for hin, to so do.
Assistant District ATTORNEY Shill;ngton
in the absence of District Attorney Davis
assured the court that the district attorney
and his office would, as it invariably had
dcne, do everything needful and proper,
saying that the grand jury would merely
have to state its wishes to insure prompt
attention.
The chief justice said he was sure of that.
and directed the grand jury to retire
Mr.. Davis Discussed 1t.
Speaking t. a Star reporter about the mat
ter, District Attorney Davis said that a few
DAYS ago he was requested by the grand
jury to advise and assist them in the mat
ter of their investigation of the iatl and of
Balls charges.
He informed the body that he would
communicate with them at the earliest
opportunity, and supposed the matter
would be allowed to rest until he did so.
ban charges being under consideration
by the Court in General Term" explained
Mr.. Davis, lit would have been manifest1v
improper for me or for the grand Jury to
proceed In the matter until at least the
court had disposed of the matter
Il so merely intimated to the grand iurv
saying that l intended meantime to con-
fer with the court that might be able to
more fully inform them. 1 have not neg
lected the grand jury in this or in any
other matter. and and my office are at
their service on every proper occasion. but
do not propose to lend my office or self to
anything with which the grand jury has