The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-24
An Expert on Indictments.

All EABCEb OlA
MIR. Pagin, a special employe of the
department of justice, who had drawn
many of the important indictments
throughout the country and VINO is
recognized expert in that branch or the
law was directed to report at Chicago
to assist the district attorney in this
investigation, and he has been engaged
in the performance of this duty up TO
the time of the finding of the indict-
ments.
After the investigation had been be-
gun. Mr.. Bethea was appointed judge
of the United States district court at
Chicago, and Mr.. Morrison, the assist
ant district attorney, after grave con-
sideration was appointed, by the pres
ent district attorney, and continued the
investigation which Mr.. Bethea had be-
gun.
sFDurinc the investigation, persons
whose testimony was believed TO be OF
Importance fed to Canada and Europe,
some of them under assumed names
THE grand Jury returned two indict-
,nents against persons charging them
with corruptly influencing witnesses.
Grand Jury a Law Unto Itself
after the investigation had been IN
progress somewhat longer than two
months the grand jury took a recess
and the district attorney reported to me
the condition of the investigation.
repeated and protracted con-
ferences upon the subject foloWeo.
grand Jury is an independent body, In
no wav subject to the control or IN
! huence of the attorney general II
would have been unwarrantable I'M
pertinence for the attorney general To
seek in any way to influence Its de-
| alterations upon the evidence pre-
sented The attorney general mad per-
formed his full duty by causing TO De
submitted to that body every scrap OF
| available evidence. This was done.
The power and responsibility of in
dieting or refusing to indict then rest
ed upon the grand jury. 1t is the
duty of the district attorney to attend
the sessions of the grand jury, aid II
in every way in the investigation, and
| to advise it upon any questions of law
material to the inquiry
The Governments Policy.
/ "At the end of the conference at
Washington. the district attorney re-
turned to Chicago under instructions
| which were substantially as follows:
| "That the evidence raised issues III
for the consideration of the grand
jury; that that body could not be
| advised as a matter of law that there
was no legal evidence before it; that
| the weight and suffieiency of the evil
1 dence was solely for the consideration
of the grand jury; that, in giving to
| that body the advice which it required
and which the district attorney haC
the right to give, he should refrain
from expressing any opinion on the
facts or seek to influence the judg-
ment of the jurors one way or the
other; that he should advise them tc
disregard all public c1amor, rumor OIL
! preconceived opinion, and to bass
their action or failure to act solely
upon the evidence before them. in
| GLIDING not only the evidence which
might be discriminatory. but also tina
which might have an opposite tend
lency: that he should advise the CRANE
jury to indict only where the evidence
before it proved. in its opinion, beyonc
reasonable doubt some offense agafns
the law. and that body ought to bs
convinced before indicting any corpo
ration or individual of its or his gull
with such certainty as would lead it
in case. they were on trial before it OF
the same evidence, to a verdict of con
viction.
\ "The district attorney was furthe