Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-28
PORTO RICO AROUSED
Angry at the Washington
Government.
THE SMUGGLING CASES
ADMINISTRATION OF JUSTICE
DECLARED TO BE A FARCE.
Newspapers and the People Wrought
Up Over Refusal Of the Admin
istration to Prosecute.
THE SMUGGLING CASES
Special Dispatch to The Evening Star.


arguments of Americans are now necessary
to prevent a most serious schism between
the natives and the Americans. and already
a wide breach has been created by the ac-
ton Of the United States government in
the smuggling cases.
For nearly four months 1t had been gen.
orally understood that the United States
government would accept no compromise
in the cases of the army and navy officers
and prominent citizens accused of SNUG
Cling wines. liquors and other goods into
Porto Rico from St. Thomas on govern
ment vessels. Secretary Shaw had so ad-
vised Collector Cruzen, and United States
District Attorney Pettingill had collected
a mass of evidence to submit to the United
States grand jury
Judge Holt fairly and earnestly charged
the grand jury and then something drop
ped like a bomb. 1t was a cablegram
from Attorney General Knox to United
States District Attorney Pettingill, which
ordered:
Dismiss pending proceedings In smug-
Cling cases and present no new cases to
grand jury unless otherwise directed here
after. Report fully by mail the nature and
status of all said cases."
The People Angry.
No message ever sent to Porto Rico
caused a greater stir. The native popula-
tion was at once loud in it's denunciations
of the Washington administration and de-
clared that justice farce. Fuel was
added to the flame by the local press call
ing for Justice One paper, edited by an
American. said, among other things, IN
long TRADE:
II these men are not indicted by the grand Jury
it will be ones fault but that of a grand jury
composed Of a majority of Porto Ricans.
sttf ING fO vhatba
we are to be governed by law which says one
thing for the rich, another for the poor one thing
for Americans with influence and another for Porto
Ricans without that influence.
The grand jury is impaneed. Its duty is a most
sacred one. No one has right to interfere with
or dictate to that jury whom it shall indict and
whom it shall not indict. 1t is supreme in its
respect. Even the President Of the United States
and the Attorney General of the United States
have no power or right to demand any certain ac-
fion of 1t in any certain investigation
The grand jury has the right and it Is its duty
sons although the district attorney has furnished
the jury with no Information upon the subject 1t
is not necessary for any to lay before the Jury
the facts which constitute the crime.
The United States grand jury next
Kicked over the traces" in Difference to
local sentiment and sent the following mes
sage to Judge Holt:
May II please the court: There has come
to the knowledge Of the grand jury a certain
case of smuggling, and about which we have
asked the district attorney. The district
before us, alleging certain instructions.
We now ask the judge if the grand Jury
has the right to know of that case in
spite of the refusal of the district attorney
to bring 1T before US; or, if we have not
that right"
Instructions to Grand Jury.
Judge Hollis reply took San Juan by
storm. 1t was:
Gentlemen Of the grand jury: When you
were impaneled at the beginning of this
term you swore that you would diligently
inquire and true presentment make of such
matters as might be given you in charge,
or might otherwise come to your knowledge
touching violations of the criminal laws of
the United States; that you would present
no one through envy, hatred or malice, and
that you would leave no one unpresented
through fear, favor, affection reward or
the hope thereof. You would not, II you
desired, escape the obligations OF this oath
by needing the instructions of any one.
The honored President of the United States
might If he felt SO inclined, interfere, even
in advance of indictment, by exercising
pardoning power; but even he. In no other
way has the slightest authority to con-
troll your action. If you believe that any
one has given any instructions which tend
to prevent you from making the fullest in
yestigation as to the commission of crimes
against the laws of the United States, and
from returning an Indictment against the
accused If the evidence warrants 1t, then
Won should be inspired with additional de-
Termination to do your duty. The moment
the courts are deprived OF the control or
criminal jurisdiction their independence Is
gone. .
tions to which the district attorney al
ludes 1t is proper to say that in my opin-
ion there was no intention to encroach upon
your sworn duty. or the judiciary.
1T is for you to determine from all the
knowledge you have or can obtain II the
matter ought to be investigated by you
Nfa ha n
wade YOUR province and determine In any
particular instance whether there Is evil
dence enough or not to indict. but no pow
er whether through the district attorney
or otherwise. can interfere with your ac-
ton. and say that you shall or shall not
find an indictment.
The court has no doubt the district at
torney will aid you in any examination of
any violation of any United States law
which you may feel called upon upon your
oaths to make.
The grand jury thereupon proceeded to
summon witnesses and investigate the
smuggling Just as If Attorney General
Knox had never been heard of.
This was to the evident discontinue of
District Attorney Pettngill. who has most
conscientiously performed his duty and who
was not perpared for such a turn of affairs
Meantime the natives continued to rail
at the Washington authorities and sneer
at American Justice Ridiculous rumors
were afoat and the spirit of unrest pre-
vailed. 1t said that all the native
members of the executive council, appoint
ed by President Mckinley. would resign
The press teemed with ugly comments and
as the result of one publication Editor
Hobart s. Bird and Internal Revenue Agent
George Gibbs were arrested for contempt
Of court. Judge Holt had to threaten dire
punishment because of leaks from the iury
room and every hour seemed to make the
mess worse.
There has been much speculation as to
the exact meaning of Attorney General
Knoxs second cablegram to United States
District Attorney Pettingill. 1t said that
Considerations of moment. not confined to
Porto Rico or to the individuals involved.
have caused the administration, after full
deliberation. investigation and thought, to
pursue the course already outlined"
Indictments Returned,
Nevertheless the grand jury handed down
five indictments. The findings were