The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-05
RAPPLEYE'S SILENCE.
Grand Jury Addresses the Court
Regarding the Carpet Bag
Editors Demeanor.

The Grand Jury made this presentment
in reference to Justice Lippincott's charge
to investigate certain charges made by
the Evening Journal
1.-THE Grand Jury respectfully presents
that on the opening day of the present
term. this Honorable Court directed us
to investigate certain charges made in
the Evening Journal, a newspaper pub
lished in Jersey City; that we were
charged that our duty was tospresent in
dictment either against those charged
with conspiracy to obstruct the admin
istration of justice. or against the pub
fishers of the newspaper for libel.
Immediately after receiving the charge
of this court the Grand Jury commenced
its Investigations, s,ld after deliberation
decided to refuse the lawyers charged in
the articles hearing Upon their COM
plaint of libel against The publishers of
the Journal and presented to this court
au Indictment against the persons accused
in the columns CT that paper; that while
the investigation was ii progress both
before and after the finding of said indict-
ment. the Grand Jury requested from Mr.
Itappleye, the editor of the Journal the
written statements made to him ny LOUIS
J. Beck and Edward E. Pidgeon, and
upon his refusal to produce such papers
admittedly in mis- possession, application
was made to this honorable court for pro-
lection; that Mr.. Rappieye testified that
tie writings made by said Beck and Pid-
geon were the basis of the articles, the
statements which this court directed
this jury to irvestigate; that, as we un-
derstand the decision .of this court, it is
that the prctestation asked is unnecessary
upon the facts rresentet5 ard that the
Grand Jury must. to have the request in
force, display the purpose for. which the
Documents are required.
This being so, we respectfully suggest
that it is the duty of the, Prosecutor of
the Pleas to present that information to
the Court. AS we understand the oath
taken by US, we cannot and should not
state without the jury room the objects of
our investigation. If witness is safe in
Withholding discriminating evidence until
public disclosure is made of the object for
which that evidence is sought, the ends Of
Justice may be defeated at every turn.
1t may be that this jury desires the writ
ings to test the truth Of the evidence Civ
en- by witnesses or to ascertain whether
the writer's are guilty of libel. Unless Gi-
rected by the court we do not feel at lib
erty to volunteer a statement of the scope
of our investigation.
THE Grand Jurors do not, individually
or collectively feel affronted at the re-
fusal of the witness to. produce the writ
ings Our presentment was to~obtain in
QUESTION as to whether the witness was
guilty of contempt of this court, and we
most respectfully request that, the pro-
ceedings being determined to be insuffi-
cient to fully present the issue desired,
this Honorab1 Court inspect the writings
called for an determine whether they
should be submitted to the Grand Jury.
'sThe Grand Jury further present that
the Evening Journal of February 49,,
1898, contained statement that the
Grand Jury had indicted Edward E.
Pidgeon for perjury. Responding to a
subpoena, Mr.. Rappleye, on Tuesday,
March /, was asked where he obtained
his information Of the proceedings of the
Grand Jury He declined to give the
name of his informant, but said the lat
ter was not member of the sury 1t
is evident that if such an Indictment
must have started from an illegal source,
and as this Honorable Court charged us
with secrecy, we respectfully ask such
protection as Nwill insure that secrecy.
Personally we have not the slightest OBJ
lection to the publication of the pro-
ceedings of the Grand jury, and we
make this presentment because we be-
lieve that its utterance is demanded in
the interests of the proper administra-
tion of justice.
sWe are informed that at previous
terms of this court writer's of newspaper
articles to which the attention of the jury
was called by the court refused to testify
concerning assertions contained in their
writings 1t is evident that one or two
lines must be drawn Either those who
print or write for publication must be
compelled to, disclose their knowledge, or
grand juries should not be told to irves-
tigate charges merely because they have
appeared in that aggregation of truth and
libel, fairness and falsehood known as
the public press"