The Savannah morning news., 1904-12-01
SOUGHT To LEARN
ABOUT INFORMANT
THE FEDERAL GRAND JURY
HEARD MEAGRE EVIDENCE FROM
NEWSPAPER MEN.

Questions Were Asked by Special
Assistant Attorney General Leak
en-One Witness Declined to An
swer Any Questions-others Evad-
ed and Parried Answers-Grand
Jurors Asked no QuestiOns-MOrn-
ing News story Completely Veri-
fed.
The grand jury of the United States
courts yesterday called several news
paper men and began an investigation
seeking to discover who it was that
furnished the information regarding
the issuing of subpoenas in the States
boro lynching cases.
The grand jurors themselves ap-
peared to take little interest in the
matter, though they scrutinized the
witnesses closely during the time they
were answering questions. The ques-
tions were asked by Special Assistant
Attorney General William r. Leaken,
and though they We're searching in
their character, they failed to secure
any satisfactory information.
One. witness declined absolutely to
answer any questions. He stated that
under the law he was not compelled
to answer questions in any case in
which he did not know who was be-
ing indicted, or against whom he was
testifying. Mr.. Leaken then informed
him that no one was being indicted,
and the witness Immediately declined
to answer any questions.
AS far as the giving of information
was concerned, the other witnesses
were no more satisfactory. Just be-
fore each witness was dismissed Mr..
Leaken inquired if any of the grand
Jurors had any questions to ask but
in no case did any of them ask a
question. No action was taken in
the matter. and it is not known and
probably never will be how the infor-
nation leaked out"
The Indicting Section.
The developments of the day proved
conclusively the truth of the facts
published exclusively in the Morning
News yesterday and Monday. 1t is
now admitted that the subpoenas
were issued. The only new point
That has developed is as to the sec
ton of the statutes under which an
indictment was hoped for,
This section is No. $50 of the Revised
Federal Statutes, and is a part of the
acts of 1870. When passed the act was
aimed directly at the Ku Klux Khan
movement and 1t was at first thought
that the Statesboro lynchers could be
held under it's provisions. The section
reads:
IF two or more persons conspire to
inJure, Cypress, threaten, or intimi-
date any citizen in the free exercise
or enjoyment of any right or privilege
secured to him by the constitution or
laws of, the United States, or because
OF his having exercised the same; or II
two or more persons go in disguise on
the highways, or on the premises of
another, with intent to prevent or
hinder his free exercise or enjoyment
of any right or privilege so secured,
they shall be fined not more than S.
600 and imprisoned not more than ten
years; and shall, moreover, be there
after ineligible to hold any office, or
place of honor, profit, or trust, created
Ny NlAC CONSTITUTION VI Lie united
States"
Similar to Huntsville.
Under this section of the statutes
an official of the courts hoped to Sc
cure an indictment of the Statesboro
lynchers, and it is under Section 550s
that Judge Jones of Alabama charged
that indictment could be brought
against the Huntsville lynchers.
When the matter had progressed so
far that the subpoenas which had been
issued were about to be served, a tele-
gram was received from the Attorney
General in Washington holding UP any
further procedure. Yesterday after
noon, after the grand jury had been
discharged for the term, a telegram
was received recalling the former tele-
gram of the Attorney General author
izing the prosecuting attorney to pro-
coed in his discretion, as in the Hunts
vile cases. Unless a special grand Jury
is summoned, however, the case cannot
now come up until the next term Of
court.