The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-07-29
PECKHAM AND HAAS
WILL NOT ANSWER
Refuse to Tell Connection With
Cotton Scandal
IS UP TO JUSTICE WRIGHT
Haas Must Appear Monday and Show
Cause Why He Should Not Answer
Questions Before the
Grand Jury.
Is UP TO JUSTICE WRIGHT

Washington, July 2S-The refusal yes
terday of F.. A. Peckham, a New York
broker, to answer questions before the
grand jury engaged in the investigation
of Irregularities connected with the cot
ton report of the department of ag-ieul-
ture. was today brought to the attention
of Judge Wright of the criminal court,
but the hearing in the case was postponed
until next Monday.
Similar action was taken in the case
of Moses Haas. who was also before the
jury yesterday as witness and refused
to testify. The presentation made by the
grand jury evidently at the instance of
District Attorney Beach. and which was
in the shape of a written charge, in which
were detailed the proceedings before the
jury in which Mr.. Haas made his re-
fusal, was handed to the court by Fore
man Smoot. The Haas case was chosen
for detailed presentation because of an
irregularity in the subpoena to Mr.. Pack
man, but the same charge is made AGAINST
both.
The original presentation was made to
the court at y o'clock and thereuran an
pear at 80 p. M. ito show cause if
any, why he should not answer thu ques-
tions certified by the grand jury. as being
propounded to him, and as to why he
refused to make answer
Proceedings Were Brief.
The proceedings at 1880 were very brief.
Messrs. Peckman and Haas were repre-
1.
A. A. Birney of the local bar. They made
a plea for time to make preparation, and
were given until Monday next at 10 o'clock
when each side will be given an hour.
Both the defendants were allowed to de-
part on their own recognizance on the
assurance of their counsel that they would
be in court when wanted.
Mr.. Peckman and Mr.. Haas were in the
court house during the entire day, but
they did not enter Judge Wrights court
room. Much OF the forenoon was spent
by them with Mr.. Beach and the grand
jury. They we're given an opportunity to
reconsider their refusal of yesterday but
declined to do so. Haas was employed in
the department of agriculture from 1898
to 1901. and was permitted to resign. He
is alleged to have been the intermediary
between Holmes and the New York
brokers.
Threw Light on Several Points.
The proceedings in the grand jury room
throw light upon several points concern
ing which but little has so far been au-
thoritatively stated. Mr. Beach is shown
to have said that so far as the proceedings
are directed only against Former Assoc
ciate Statistician f. S. Holmes and that
he is relying upon section 5451 of the re-
vised statutes as to the law under which
he is conducting the case. That statute
prohibits the bribery of government EN-
ployes and imposes as penalty impris-
onment for not more than tN-ee years,
and a fine not exceeding three times the
amount of the bride.
The record also indicates that Haas de-
clined at first even to he sworn. saying
that before he would consent he must
know the purpose of the proceeding and
the meaning of parties against which
whom it is directed in order that he might
consult counsel as to whether the jury
has a right to proceed in the matter.
For all know" said Mr.. Haas, II may
be the person or one of the persons
against whom this inquiry is directed. If
it is. my council advises me that | can
not lawfully be compelled to answer be-
fore this body. or compelled to be sworn,
much less to testify.
Replying to Mr.. Haas the district at
torney said that while 1t was not neces-
sary II was not deemed improper to adj
wise the witness that there was pending
before the grand jury an inquiry as to
the alleged criminal conduct of Holmes.
without conceding any right of the wit
ness to inquire into the deliberations of
the grand jury. the district attorney told
Mr.. Haas that the information was given
for whatever he sought to make of 1t.
At the same time advising him that any