Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-09
Cited to Show Cause in Con-
tempt Charge.
AN OLD PRACTITIONER
CLAIMED He INSTRUCTED CLIENT
AS TO HIS TESTIMONY.
Before Grand Jury Investigating Dis
appearance of $55, 900 From Ger
man National Bank Vaults.

CINCINNATI, April San unusual case
developed in the United States district
court here today when Thomas +. Shay,
who yesterday observed the thirty-second
anniversary of his admission to practice In
the federal courts, and who is we'll known
all over the country as an attorney, was
cited to show cause why he should not be
attached for contempt of court in advising
and directing the testimony before the
grand jury of Broker John w. Ballman.
Mr.. Ballman was at the same time formally
charged with contempt of court.
In hearing testimony in the matter which
was presented to the court by the grand
jury, several jurors testified in public re-
garding matters which had come before
that secret body, which is a rare pro-
cedure. After hearing arguments on GER
tain phases of the case court adjourned I'M
til Monday without announcing decision.
Bank Funds Inquiry.
BalIman had been called as a witness
before the grand jury which was investi-
eating the mysterious disappearance of
$4,000 from the vaults of the German Ma
tional Bank. possible speculation by GER
tain bank clerks being under scrutiny in
that connection. Mr. Shay was attorney
for Ballman, and was charged with having
instructed his client as to his testimony
before the grand jury. An immediate trial
was ordered by Judge Thompson.
The charge against Mr.. Ballman Is that,
although under subpoena, date of April z,
he was cited to bring his cash book, he on
that date and on the Sth, under summons.
willfully failed, his purpose being to inter-
fere with the investigation being made by
the grand jury; also that on the Sth while
under due process from the grand jury, he
villfully and knowingly failed to answer
questions which are pertinent to the IN
quiry. Hence the grand jury concludes that
Mr.. Ballman is guilty of contempt of court
and should be subjected to the process re-
quired by law
The motion on file against Attorney Shay
reads follows:
Charged With Interference.
you are required to show cause, If you
have any, why you should not be attached
for contempt of court for interfering with
certain witnesses subpoenaed to appear be-
fore the grand jury during the April term
1905, and advising them the testimony they
should give, as is more fully specified in the
specifications filed in court"
The foreman of the grand jury and sever
al others had appeared as witnesses in sup
port of the grand jury's charge of contempt
against Broker Ballman, when Attorney
Shay interposed a motion to dismiss Mr..
BalIman, alleging lack of evidence and alb
sence of any legal charge.
Mr.. Shay also said refusal to answer
questions was based on Mr.. Ballman's con-
stitutional privilege.
The court remarked that Mr.. Ballman
was not before the grand jury charged
with crime and said that no reason why
Mr.. Ballman should refuse to answer could
be apparent until Ballman- had showed why
he would be incriminated by his answers
Judge Thompson said he would hear ar
guments before deciding the motion to
dismiss. At the conclusion of the argu-
ment court was adjourned until Monday
Pallman and two of his clerks, who were
witnesses were held by the court until
the announcement of the decision on va
rious pending motions.