Omaha daily bee., 1905-07-23

the important indictments throughout the
country and who is a recognized expert in
that branch of the law, was directed to re-
port at Chicago to assist the district at
torney in this investigation and he has
been engaged in the performance OF this
duty up to the time of the finding OF the
After the investigation had been begun
Mr.. Bethea was appointed judge OF the
MIR. Morrison, the assistant district attor-
ney, after consideration, was appointed by
the president district attorney and contin-
ued the investigation which Mr.. Bethea
had begun. During the investigation per-
sons whose testimony was believed to be of
Importance fled to Canada and Europe
some of them under assumed names. The
grand jury returned two indictments
against persons charging them with se-
After the investigation had progressed
somewhat longer than two months the
grand jury took a recess and the district
attorney reported to me the condition of
the investigation. A heated and protracted
conference upon the subject followed.
Grand Jury Independent.
. It should be understood that the grand
jury is an independent body, not subject
to the control of the attorney general.
the attorney general to seek in any way
to influence its deliberations upon the evil
delce presented. The attorney general had
performed his full duty by causing to be
submitted to that body every scrap of
available evidence. This was done. The
refusing to indict then rested upon the
grand Jury. 1t is the duty of the district
attorney, to attend the sessions of the grand
tion and to advise it upon any questions
of law material to the inquiry.
At the end of the conference Washing
ton district attorney returned to Chicago
under instructions which were substantially
as follows;
Advice 10 Attorney.
That the evidence raised issues At for the
consideration of the grand jury; that that
body could not be advised as matter of law
that there was no legal evidence before II;
that the weight and sutficiency OF the evil
dence was solely for the consideration OF
the grand jury; that in giving to that body
the advice which IL requested and which
the district attorney had the right to give
he should refrain from expressing any opin-
ion upon the facts or seek to influence the
judgment of the jurors one way or the
other; that he should advise them to disre-
gard all public clamor, rumor or precon-
ceiVed 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 incriminatory, but also that
which might have an opposite tendency;
that he should advise the grand jury to in
dict only where the evidence before II
proved in its opinion beyond reasonable
doubt some offence against the law; and
that body ought to be convinced before in
dieting any corporation or individual Of its
or his guilt with such certainty as would
lead IL In case they We're on trial before II
on the same evidence TO a verdict OF con-
Viction.
The district attorney was further in
structed that II any indictments were voted
by the grand jury he, with the assistance
of Mr.. Pagin, with the utmost care and dill
igence 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 date as the business
OF the court would permit and as was con-
sistent with the due regard for the rights
OF the accused.
1 have no doubt that these Instructions
We're carefully observed by Mr.. Morrison.
On the first day of July last the grand
| Jury returned an indictment with ten counts
| against various individuals and corpora
! tions covering recommendations for so
! called antitrust act, and another indict-
ment against the manager and employees of
one of the packing houses for conspiracy
! to obtain rebates from the railroads, being
common interstate carriers, In the trans
portation Of their products. IL Is my hope
and belief that these indictments may be
brought 10 trial during the current year.
/ In the meantime. both the principles OF law
and a sense OF fair play require us all to
| hold our judgments In suspense. The ac-
! tiOn OF the grand Jury was the result OF
/ an eX parte investigation. The accused
| have not been heard They are each and
| all 10 be presumed innocent That pre-
! sumption for their protection follows them
| until the case has been passed upon by the
/ trial Jury. Let US hope that its verdict will
/ be a declaration OF truth In fact as II is in
1 name.