The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-18
GRAND JURY TALK
State House Disclosures Start
Rum0rs of This Move.
Natural Method to Bring Before
Court.
HUNGATE IS SILENT.
Refuses to Discuss the State
House Charges.
Grand Jury May Be by Petition
Signed by 400.

County Attorney Otis Hungate, who
with Attorney General Coleman would
be prosecutor of the persons RESPONSE
BILE for the shortages in the state treas
ury, was asked today what he intended
to do in regard to the recent exposures.
Nothing is before me- said Mr.. Hun
gate, land 1 have nothing to say
The natural and usual way to bring
the matter into the courts would be for
a grand jury to be called in Shawnee
county. This would bring the expos
ures directly before the county attorney.
The prosecutions of offenders under
similar conditions are always carried to
a successful end through a grand jury.
The boodIing in St. Louis, Minneapolis
and Grand Rapids has been developed
by grand juries and the guilty parties
prosecuted.
In federal prosecutions the procedure
IS always through a grand jury as the
evidence secured and the examination
of witnesses assures more thorough
prosecution.
The last grand jury in Shawnee coun-
~ was in session in 1895 and was a re-
suit of the exposure of the grave rob
berries.
When a grand jury is in session the
county attorney is required to attend
all deliberations of the jury and this
brings all facts discovered by the jury
directly before the prosecuting attor-
ney.
strong last spring when the fraud in
connection with the legislature pay
rolls was uncovered but no effort was
made to secure grand jury and again
when the police scandals were unearth-
ed.
The proceedings necessary to call a
grand jury in Shawnee county is SIM
pie as the law provides that when, 400
taxpayers sign a petition asking Tor a
grand jury that the judge of the dis
trict court shall summon the grand
Jury The petition must be filed 40 days
before the commencement of the term
of court at which term the session of
the grand jury is desired
The next term of the district court
will begin January 9. The petition for
a grand Jury would have to be filed
with the judge of the district court on
or before November 80 to be filed the
required time before the term of court
A grand jury is drawn the same as
petit jury, the names of 10 eligible tax
payers being drawn from the jury box
places shall be filled by talesmen. A
foreman shall be appointed who, with
the jurors, shall take the following
oath:
You. as foreman of the grand jury, |
shall diligently inquire, and true pre-
sentiment make, of all public o1enceS
against the laws of this state cogniza- /
bic of this court, committed or triable
within this county, of which you nave
or can obtain legal evidence. You shall
present no person through malice, ha- |
tired or ill will, nor leave any Nnpre- |
scented through fear, favor or affection,
or for any reward or promise or hope |
thereof but in all your preSentmentS !
YOU shall present the truth, the whole |
truth and nothing but the truth, ac- 1
cording to your skill and understand |
ing"
Another provision of the grand jury
law is:
ssErIyar1y grand i,1rv NAV appoint one
of their number to be a clerk thereof,
TO preserve minutes of their proceed
ings. and of the evidence given be
fore them, which minutes shall be
given to the attorney porsecut- |
ing in the county. when so directed
by the grand jury"
The aid of the prosecuting attorney |
an the deliberations of the grand jury
is provided for as follows:
whenever required by any grand |
Jury it shall be the duty of the at
tend them for the purpose of examin-
ing witnesses in their presence, or Civ |
ing them advice upon any legal mat |
ter
The power of the grand jury to
compel witnesses to appear and to |
testify is provided for as follows:
eff any witness duly summoned to |
appear and testify before a grand jury |
shall fail or refuse to obey, the court |
shall cause compulsory process to be |
issued to enforce his attendance, and |
may PUNISH Ille QSlIQuSIlI III IflG same |
manner and upon like proceedings as |
provided by law for the disobe dience |
of a subpoena issued out of such court |
In other cases.
eff any witness appearing before a |
grand jury shall refuse to testify or to /
answer any interrogatories in the |
course of his examination, the fact |
shall be communicated to the court in |
writing. on which the question refused |
10 be answered shall be stated, and /
The court shall thereupon determine |
swer not, and the grand jury shall |
be Immediately informed of the deci-
sion"
The calling of one grand jury 40 |
days before a term of court allows |
another grand jury to be drawn inn
3 mediately during the term of court at |
which the jury sits if another grand |
jury is found to be necessary after the |
original grand jury adjourns.
Open Season for Cattle.