The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-12

TIE Superior court grand jury brought
in a report yesterday. II finds that Pros
ecuting Attorney McE,roy meant well.
but used bad Judgment when ne coun-
seled the dismissal of the charge OF forg-
mends that special counsel be employ Il
10 thoroughly investigate and prosecute
the Smith and other cases Of a similar
character. Mr.. MeElroy is exonerated
from all charges Of corruption
The grand jury thinks, however. that
Mr. McElroy, by reason OF mis- previous
action in the case. IS not a proper person
10 conduct the prosecution OF Smith. AMI
this explains the recommendation that
special counsel be employed MIR. Nc
Elroy regards this recommendation as
an unwarranted and Illegal interference
with him in the performance of the duties
OF his office. and will appeal to the court
not 10 allow such interference. Smiths
lawyers are surprised that his case is
to be reopened after his chortage has
been fully settled. and think the county
will show bad faith IL 1t continues the
prosecution and does not return the
money. Altogether the grand jury's re-
port viii cause a deal OF trouble for many
people before the end comes.
AS VIII be remembered, Smith was ac-
cused of forging warrants on King county
While an employe In The county auditors
office. His populations amounted to about
81, ah. which amount he repaid to the
county several weeks ago. whereupon the
Charges OF forgery then pending against
him We're dismissed on recommends ton
OF the prosecuting attorney. Many peo-
pie thought that Smith should have been
prosecuted to the full extent of the law
while MIR. McElroy insisted that a eonvic-
ton could not have been obtained and
that he acted for the best interests of the
county in asking the dismissal. The dis
euasion over the matter finally led to he
calling Of the grand jury to investigate
What the Jury Says.
The grand jury's report. which was read
10 Judge Benson yesterday morning At
1870 o'clock, in full is as follows
ITO the Honorable Superior Court.
your grand jury. duly impaneled sworn
ana charged 10 inquire into public orrenses
committed and triable within King county
time as follows:
nder the instructions of the court. We
entered primarily upon an inquiry into the
a .d Of the office OF he prosecuting at
torney OF King county. We made our in
curry full and exhaustive. and as an ex-
preston OF our views We unanimously
adopted the following resolution:
resolved That the grand jury hereby
exonerate the prosecuting attorney. James
T. MeElroy. from any corrupt or Illegal
act In the discharge of the duties OF his
once. and fully believe that he acted as
hss bt4lf AN+ aI hsa be-.
demanded, but. in our opinion he sr-res,
IN N Judgment in moving the dism!s Il ~ the
Smith suit.
Resolved That this grand iuf, ,.on,-
mends 10 the court that the criminal
charges against Smith. Heaton Ro. ana
oth.ts De investigated and pr0seeuted
10 the full extent of the law.
Resolved That this grand Jury reeon,-
mends 10 the court that one or more special
counsel he appointed to investigate and
smith, fieaton. Boyce and others
We also recommend the appointmep, -
SPECIAL counsel for the following reasons:
mat IN our opinion. by the dismissal so
moved. the judgment of the rrosecu,iny a,
tofney as 10 the law and facts In the case
Is 50 compromised that any stems taken
by him. necessary 10 the end indicated
would, he so embarrassed that the aid OF
special counsel is rendered necessary.
Respectfully submitted
j. 5. Rankin. Clerk"
''"s lie Found.
me grand jury. after reporting. ad-
Journed until Monday morning when ~
other country ossoara ,,.,,
~. ~, "''' W investigated
'''s MORNING regular business will
again he attended 10. and II Is tb., .,..,,,,.,,
belief that several inalctn,a,,.., ..,,
found. II is considered certain ~. =. os
ana ex-Counfv commteein,.r u, r, ',,I's''
ton viii be indicted A. "a ~, -.
mentioned in the renor, thera - -,
doubt. hut before the grand t,r,. ''' o,,
slders these Indictments an ,a,a -
contest viii be made h,- NJ ,,a, s,.'1s
for his right TO r,4presen, ~. -, ...' ~
the grand fury room Tha 49,. -, ~
heard by Judge Benson IN -r,,ss'ta, y" -, - se
ing The special counsel nov a,,, L.. =,
are Attorney : u King anJ .slir,'. =.
Attorney General r NJ w. - 60, 49,
pia. "a
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Yesterday - M. -. 'e'
has ,f.sr ,.,....,:s.a.,o., S"i'
ero-, a,,. ,.o-r,.,.. -, N, mn
smith case ~ s,a,,,t 50 ,. ''.''o'' N s'e