Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-02
Charges Against Machen to
Be Heard Tomorrow.
ORIGINAL PROCEEDING
WILL NOT REQUIRE GOVERN
MENT TO DISCLOSE ITS CASE.
What the Accused's Attorneys Say on
the Subject-Coal Contract Not
Precedent.

TT was definitely learned that a number
of witnesses were summoned today to ap-
pear before the grand jury tom brow in
connection with the charge made against
A. w. Machen. All proceedings before the
grand jury are secret, and an attempt mace
today to secure a list of the witnesses sum-
moned. as stated. proved futile. for the rea-
son that all concerned from the officials OF
the United States attorneys office to the
officer who served the "summonses, were
evidently on their guard. and exercised
every precaution to prevent the names
from being made public.
There seems to be no doubt that the re-
porting of an indictment by the grand jury
against Mr. Machen prior to next Saturday
would result in doing away with the pre-
liminary hearing set for that day before
United States Commissioner Taylor. Thus
in the event the indictment should be re-
ported the government would be the gamer
to the extent of not being required to dis
close it's evidence until the trial of the
cause in court. If such should be the out
come of the proceedings.
An Original Proceeding.
The calling of the matter to the attention
of the grand jury is regarded as an original
and Independent proceeding. separate and
the United States commissioner. If an in
dictment should be reported bench war
rant would issue out of the District SUI
preme Court, and Mr.. Machen. technically,
at least taken into custody under IT, he
would then have the privilege OF giving Dali
to answer the indictment, which BOND Wouio
have no connection whatever with the BOND
furnished before the United States commits
sioner. There would be no hearing of The
cause proper that would result in The gov
eminent disclosing its testimony prior TO
the trial.
In calling the matter to the attention OF
the grand jury the government could pre-
fer charges different from those that figure
before the United States commissioner, and
could call additional witnesses. In fact. as
explained the proceeding would be in the
nature of original action, and would not
be regarded as having any direct connec-
ton with the case before the United States
commissioner.
CART, who has the matter in charge. has
been in constant and close consultation
with representatives of the Post Office De-
partments since the time the warrant TO.
the arrest of Mr.. Machen was issued sew
eral days ago. Mr.. Taggart is now fully
acquainted with the evidence. and will d.
rect the presentation of the same to the
grand jury.
An Unusual Proceeding.
The accepted fact that the Machen case
is to be placed before the grand jury while
1t Is pending before United States COM
missioner Is said to be most unusual II
not altogether unprecedented proceeding In
this jurisdiction. A prominent member 81
the bar today declared that the course
about to be pursued savors Of star cham
Der procedure. The rule has been, 1t Is
stated. to allow all persons arrested in this
jurisdiction the benefit of preliminary
hearing prior to sending the cases In which
they figure to the grand jury. Original
causes, as rule. have only been instituted
it is pointed out, when the persons against
whom the charges have been made were al
the time without the Jurisdiction. and I,
was necessary to take them into custody
and bring them here by requisition proceed
ings. in which Indictment and bench
warrant were essential.