The Nome nugget., 1903-05-13

NulCu WAS puDllSneu m the last issue or this paper:
 Mir. Orton-We have been engaged in investigating the Jolley case before the grand jury. We had witness on the stand, which we called at the re- quest of the grand jury. I was re- queStcd to withdraw from the room, the acting district attorney being pres ent at the time. protested against it, because l think 1 have right to be present while they are examining wit | neSScS. and the foreman directed me, notwithstanding that they had a wit ness on the stand, that 1 must retire | from the room, which thereupon did. Now. it seems almost impossible for the l prosecuting officers to get along with the present grand jury, particularly with it's foreman. It seems to be they are suspicious of Us and that why we should be excluded from the room dur 1 ing the examination of witnesses is something that can't understand and l tllbNb IT bAN7b [. S iili'b lt' tihNt Ol SONi 7N if this conduct cant be remedied, in some way, why l would respectfully move that the grand jury be discharged.
 Mr. Grigsby - If the court please
 NJ. Orton I insist, as one of the as- sistant district attorneys, that we have a right to be present while witnesses are being examined, particularly in a case of that importance. as well as in all other cases, and 1 must protest against being excluded from the grand jury room while the witnesses are be- ing examined.
 The Court know as d rule that you have right to be present, but al any time that they see fit to exclude you, they have that right.
 Mr. Grgsby When this took place, ! Mr. OrtOn Wa- pre>enl in the grand jury room al my request. Nas also asked to retire from the room, and a witness being on the stand that l had SubpOc- naed in the case, l refused to do so except on an order of this court; where upon the grand jury excused he witness, and then rcQuestrd me to leave the room while they should deliberate; which of course | had to do. But a. this disposition on the part of the grand 1 jury ha, been continual in all my deal- ings with them and since l think at thIS time and believe that while there are several of the best men in the city and district on he grand jury, l don t believe there are twelve. and l wish to go on record at this time aS saying that l believe and think l can prove at the proper time that this grand jury was Illegally drawn; lbat it was jobbed and iolhcd for a special purpose and that at the proper time, before the proper tribunal, think can prove it.
 The Court--And you, as an officer of the United States, allege that?
 Mir. Grigsby--I do: and wish
 The Court-And you represent the United states at this time, Mir. Grigs- by?
 Mir. Grigsby-l am representing the United States as the acting district at torney: and wish to go on record as declining to present any further mat ters to this grand jury anG will refuse to go before them any further, and move their discharge.
 The Court--We very pcremptorily and very positively refuse to discharge the grand jury.
 Mr. Orton--If the court pleaSe-
 The Court-And if you decline to do your duty. why you will take the result Mr. Ortoa-I wish to state that at have ever been so treated by the grand jury, requested to withdraw | while the case was being examined, and that 1 represented the matter to the court because thought it was my duty; that had right to be present. | These other statements, of course, made by the acting district attorney are a matter which I don't know anything about.
 Mr. Gri.s shy--I also vii state further, and should have stated, the only circum- stances under which l will go before the grand jury is on an order of this court don't desire to be in contempt of this court. and 1 don't want to be understood as making any charges against this court at all.
 The Court-You are certainly direct ed to proceed to your duties as usual. You don't and oughtn't to ak any di- recton of that kind.
 Mir. Ort0n--Is it the ruling of the court that the district attorneys have no right to be present while witness IS l being examined before the grand jury. The Court-Oruinary the grand jury should let you be present, but the grand jury has the power to exclude you though, whenever they wish to.
 Mr. Orton-That is, during the eX- |