Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-28
PRESENTED To COURT
Two Recalcitrant Witnesses,
Haas and Peckham.
GRAND JURY'S REPORT
JUDGE WRIGHT GIVES THEM
UNTIL TOMORROW.
Haas Refused on Ground That Grand
Jury Could Not Force Him
to Testify.
GRAND JURY'S REPORT

culture, with a view to the criminal prose-
cution of former Assistant Statistician Ed
win S Holmes and his associates today
took steps to compel Moses Haas and Fred
erick A. Peckham the two recalcitrant New
York witnesses, to testify
AS stated in The Star yesterday afternoon,
Messrs. Haas and Peckham were given I'M
til this morning to make up their minds as
to what course they would follow. In the
meantime they were at liberty to consult
with counsel and obtain all the legal advice
they desired. This morning Mr. Haas APP
peared before the grand jury and reiterated
his refusal to answer any and all questions,
on the ground that the body had no right
to force him to testify, and also on the
ground that his answers might incriminate
him.
Presented to Judge Wright.
The grand jury at noon, through District
Attorney Beach. presented to Judge Wright,
sitting in Equity Court No. . a report
containing an abstract of the questions of
the district attorney and the replies of
Haas, and requested that the court deter
mine whether or not the witness might be
compelled to answer
Judge Wright Immediately issued rule.
returnable at half-past l O'Clock, calling
upon the witness, Moses Haas, to show
tons submitted by the grand jury. At the
hour mentioned former District Attorney
Birney, appearing, with Mark Alter of New
York. as counsel for Haas and Peckham.
asked that the matter be allowed to so
over until Monday.
This request Judge Wright refused TO
grant, but gave counsel for the recalci-
trant witnesses their choice between con-
tinuing the case then and there or resum-
ing at 10 o'clock tomorrow morning. which,
according to Judge Wright. was the great
est latitude the court could allow Mr..
Birney said he preferred to continue TO-
morrow morning instead of this afternoon,
and 1t was so ordered.
Applies to Both Witnesses.
Although the witness Haas Is individ-
ually mentioned in the report Of the grand
jury upon which the rule of the court was
based, the same course will be taken with
Witness Peckham in case the grand jury
should succeed in sustaining its conten-
ton that Haas and Peckham must answer
the questions put to them. Peckham and
Haas both refused to answer any and all
questions, including the most trivial and
unimportant ones, first demanding to know
whether they would later be subjected to
investigation by the same grand jury with
a view toward indictment and prosecution.
This information was refused.
The report of the grand jury upon which
the rule to show cause was based follows:
The report of the grand jury, upon which
the rule to show cause was issued, is as
follows:
On Thursday, July q, 1905. in the District
aforesaid, the grand jury were considering
among other things an ofrense alleged to
have been committed In the District, and
duly and regularly laid before them for in
vestigation. by one Edwin S. Holmes. jr
for violation of section 5441, Revised Stat
utes of the United States. One
Moses Haas . on the 9th day of
July, 1905, appeared before the grand jury
and thereupon, in substance, the
following proceedings were had:
Mr.. Beach-'Mr. Foreman, will you swear
the witneSS?'
WitnesS-"Pardon me for moment
please. Before proceeding in this matter l
would like to read the following for your
records: tReading paper.l
Mr.. Foreman and Gentlemen: Before be-
ing sworn l respectfully ask to be advised
of the nature and purpose of the investiga-
ton in which L have been summoned here.
the names of the parties against whom it is
directed and the specific charge against
them, in order that l may consult counsel
and obtain their opinion as to whether or
not this grand jury has any lawful right or
power to proceed in this matter; that Is,
whether there is anything lawfully pending
here upon which witnesses may be sworn
and examined.
My subpoena requires me to attend this
court TO testify and not depart the court
without leave of the court or district attor-
ney l does not inform me that this court
or any inquiry before this grand jury has
any specific charge before il against any
particular Individual and I desire to know
II so charged who and what it H. For all
l know, l may be the person. or one of the
persons against whom this inquiry is di-
rected. If 1t Is. my counsel advises me
that cannot lawfully be compelled to ap-
pear before this body or compelled TO be
much 7 l.
TO hand this to the foreman and make it a
matter of record.
The District Attorneys Statement.
The United States attorney stated as fol-
lows:
While it is not necessary, it is deemed
not improper TO advise the witness in an
swer to his statement which he has just
read, that there is pending before the grand
jury an inquiry as 10 the alleged criminal
conduct of one Edwin S. Holmes jr some
time assistant and acting statistician of the
Department of Agriculture. Not conced-
ing any right of the witness to inquire into
the deliberations of this body. this infor-
nation is given for whatever you seek to
make of 1t. and 1t Is further proper to adj
wise you that any collateral inquiry this
body may make arising out of this investi-
CATION will also be made by this grand jury
This inquiry Is not like a trial before a
court or petit jury, and they have the
right to inquire into collateral matters
growing out of this investigation. OF
course the witness mas the right to refuse
to answer any question that may tend to
incrimnate him. Mr.. Foreman, will you
please swear the witness.
WitneSs-"l protest against being sworn
as a witness on the ground that there is
no matter proceeding pending before
this grand jury which my attendance
or testimony can be lawfully required
Mr.. Beach-"Swear the witness. Mr.. Fore
man cat this point the witness was duly
Sworn.)
Mr. Beach-"Have you any further state
ment to make. Mr.. Haas?"
WttneSS-'1 have refusal to testify
after being sworn (reading paper) After
giving name. residence and business, etc.
respectfully decline to answer any ques-
lions upon the ground, first. that there Is
no legal warrant for or authority for my
examination as witness and. second that
my answers may tend TO incrimnate me-"
Mr.. Beach-"Swear the witness Mr. Fore
man"
Witness--'I would also like to state here.
before / proceed to answer any question.
that | would like to know IL l am a de-
PENDANT in this action In any manner or IL
l am implicated in any manner whatso-
ever
Mr. Beach-It is proper to say to the
witness that upon the inquiry as directed
"a