The evening world., 1904-02-25
MORSE NEED
O p
TO QUESTIONS,
CONTINUED from First Psgs.)

There must be reason TO believe that a
crime OF n specific character has been
committed by a particular person whose
name may be known or unknown TO the
Grand Jury.
"seeond-That they have reason to be-
liere that the crime has been commit
ted. to compel W
"Thoy have. power to summon and
compel to appear n witness. They have
no power 10 summon IA witness to tes-
tify oil matters totally u%nconnected with
tho case. And 1t is not TO be used for
the purpose of oppression.
Third In the Investigation of n
criminal charge the Grand Jury Is not
bound to hear evidence for the accused,
but II they have evidence already before
them they may order that evidence to
be produced.
: The person accused may be sum
moned or his evidence must DC volun-
tnry. II must not be forced. He must
he Informed by the foreman of the ma
ture OF the charge against him. and
that II he wishes 90 be questioned he IL at
liberty 20 do so: but II he does do so,
answer may he used as evidence against
him upon his trial. The privilege of an
accused person before the Grand Jury
should he used very sparlngly and with
care and caution.
Must Answer Rclevcnt Questions.
"Fourth-A witness is
bound To appear and answer all ques-
lions material and relevant to the sub
lvct III question. lie il lab to be ad-
Judged guilty of criminal contempt.
'"!horc may he circumstances In which
II witness may refuse to answer certain
questions.
"rhut no person shall be compelled In
any criminal case to be a witness
against himself: or he may claim 1t, II
II affords him complete protection.
Where a.question is asked the wit
ness, the answer to which may subject
him to suspicion OF n crime, II the wit
ness bases his refusal upon one OF all
of those three causes he cannot be fur
ther questioned as to how such may
affect the matter"
The Recorder then cited instances.
If the question be OF such n doscrlp-
ton thu the answer may incrlminato,
It must rest with himself and with him
self alone.
He may say upon oath that he would
incriminnte himself; then tho Grand
Jury cannot force him to answer. He
continued:
n guilty man. But this claim must be
made In good faith and In the honest
belief. that the answer would tend TO
incriIhinate MIN. 1t cannot bo used Tor
the purpose OF obstructing the due pro-
cess of the criminal law or free opera
tion of law. II can be used as a SAFE
guard and for 10 other purpose,
''Thereforc care should be taken tnal
the question asked be free from am
blguity and so framed as 10 can LOT =
direct answer or refusal. ana IL snoulu
be made to appea from the examination
that the question was relevant to the
sgaSftEesGth OF of the i1 a arSnd Jury nnds a bill,
OF indictment, and 1t Is presented 20 the
Court, they have no further jurisdiction
over 1t, except by way OF a supersedinG
Indictment for the purpose OF supplying
some omission; they cannot institute, q
new and Independent inquiry. for the
purpose OF exciting further evidence oil
to aid the prosecutor In the trial OF the
The Recorder, continuing. read what
had transpired between him and the
Was Morse John Doet
at Is n matter of common law tina
the name of John Doe, "A fictitious name
is used to indicate a name of q person
simply "A witness. or was he to sup
pose he was under suspicion? II he APP
peared as an accused person he had thu
absolute right TO refuse 20 answer. any
and all questions. Il he were Il witness
he could refuse to answer anything tina
might be used against him.
There are three heads to be consld
cred. Questions relating to transaction
between him and the Dlstrict-httornc'
conducting the case against him and II!
to the whereabouts OF others.
Toward the close OF the examination
this question was putt:
Now. Mr.. Morse, the Grand Jury hav,
, indicted Dodge OF the crime of perjury
y His wife having married you tho jury
seek further tight and evidence that h,
might be duly convicted of that crlm'
against the State. DO you decline tn,
Grand Jury any information that t. OF
your knowledge?' Mr.. Morse replied
I decline on the ground that II ma.
tend to incriminate me-"
"It is manifest that the purpose o
this question was to obtain from tn
witness anything that would aid In tn
conviction OF Dodge. That Is. a laudabl
; purpose. But 1t must be by fair and lie
gal methods 1t Il, better that Dodg
} should 20 unpublished than that tn
Grand Jury SHOULD be invoked for a
I unlawful purpose.
, "It rests with his own perceptions @
/ what IL right. but he cannot be take
. before the Grand Jury ms n witness an
answer questions which may aid tn
District Attorney against himself.
: II advise YOU that YOU cannot lawful
: continue the examination OF the witnes
Morse under existing conditions. n h