Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-22

dependent body, In no way subject to the
control or influence OF the Attorney General.
hence for the Attorney General to seek In
any way to influence its deliberations upon
the evidence presented.
Performed His Full Duty.
The Attorney General had performed his
full duty by causing to be submitted to
that body every scrap Of available evil
dence. This was done. Tho power and ra-
sponsfbility of indicting or refusing to In
dict then rested upon the grand jury. It
Is the duty of the district attorney to at
tend the sessions Of the grand jury. aid 1t
TN every way in the investigation and to
advise II upon any questions OF law ma
terfal to the inquiry.
At the end OF the conference at Washing
ton the district attorney returned to Chi
cago under instructions which were sub
stantially as follows:
That the evidence raises issues ut for the
consideration Of grand Jury: that that body
could not be advised as matter Of law that
there was no legal evidence before It;
that the weight and suf1ciency Of the evil
dence was solely for the consideration Of
the grand jury; that In giving to that body
the advice which 1t required and which the
district attorney had the right to give. he
should refrain from expressing any 0pin-
lon upon the facts or seek to influence the
Judgment OF the jurors one way or the
other: that he should advise them to dis
regard all public clamor. rumor or precon-
cefved opinion and to base their action or
failure to act solely upon the evidence be-
fore them. including not only the evidence
which might be discriminatory, but that
which might have opposite tendency,
that he should advise the grand jury to in
dict only where the evidence before 1t
proved, In its opinion. beyond reasonable
doubt some offense against the law. and
that that body ought to be convinced before
indicting any corporation or Individual OF
n intH
lead 1t, in case they were on trial before 1t
on the same evidence, to verdict Of con-
viction.
District Attorneys Instructions.
The district attorney was further instruct
ed that If any indictments were voted by
the grand jury he, with the assistant of
Mr. Pagfn. with the utmost care and dill
gence, should draw in proper form the In
dictments, and that if any indictments were
returned into court they should be brought
to trial at as early a day as the business of
the court would permit and as was consist
ent with the due regard for the rights OF
the accused.
1 have no doubt that these instructions
were carefully observed by Mr.. Morrison.
On the LIST day of July last the grand jury
returned an indictment with ten counts
against various individuals and corpora
lions, charging various violations Of the So
called antitrust act, and another indict-
ment against the managers and employees Of
one of the packing houses for conspiracy
to obtain rebates from the railroads being
common interstate carriers in the transpor-
tation of their products.
1t is my hope and belief that these in
dictments may be brought to trial during
the current year. In the meantime both the
principles of law and the sense of fair play
require us all to hold our judgments in sus-
pense. The action of the grand jury was
the result Of an ex parte investigation. The
accused have not been heard. They are
each and all to be presumed innocent That
presumption for their protection follows
them until the case has been passed upon
by the trial jury. Let us hope that its YER
dict will be declaration of truth, in fact
as it Is in name.