The Birmingham age-herald., 1907-09-25
Letter of Bonaparte.

The letter of Attorney General Bon aparte which gas read is eo1sft WAS 2ss -teuaws:e
 Edwin w. Sims. United States Attor
 ney. Chicago, H.:
 ''Sir-Wnen the special grand jury summoned to investigate charges against the Chicago and Alton Rail- road company shall again attend, in accordance with the courts order Of the Sd instant you are instructed to very respectfully inform the court that this department has most carefully con- sidered and again reconsidered all as- poets of the case and is unable to find any sufficient reason for other action on its part than was indicated in the letter bearing date August 10 last from the attorney general to Hon. K. NJ. Landis, and to which Judge Landis re- ferred to in his rema rks to the grand jury on August IA. You will assure the court that this department thor oughly appreciates the force and CO., gency of the reasons which caused it's request that the record of testimony in the case against the Standard Oil com pany of Indiana be scrutinized by this depa rtment. and 1t fully recognizes the highly appropriate character of the said request under the peculiar circum- stances of this unusual case.
 Tn this case the department has duly considered as you are aware, the inter esting and pertinent facts which lead you to ask the postponement. and in it's de- sire to carry out thoroughly the wishes of the court, has gone over aganla the testimony of all the witnesses then in the employ of the Chicago and Alton road who testified at the trial of the Standard Oil company of Indiana and having so done it respectfully reports to the court, through you, that although the facts render such scrutiny clearly appropriate and, although some parts of the evidence are undeniable open to adverse criticism, the most perfect good faith requires the government of the United States to ac- cord to the Chicago and Alton Railroad company the privileges granted an ac- complice, who becomes a witness for the prosecution. The extent of these privi- leges are discussed at great length in the whisky cases and may be regarded as well settled. In the language of Mir. Justice Clifford in the above mentioned case: The accomplice acquires only an equitable right to the clemency of the executive which as Lord Mansfield said rests on usage, and the good behavior of the accomplce. who in a proper case will be bailed by the court in order that he may apply for the pardon to which he is equitably entitled.
 "Should it be objected that the appica- ton may not be successful, the answer of the court must be In substance that given by Lord Denman on a similar occa- sion, that we are not to presume that the equitable title to mercy which the humblest and most criminal accomplice may thus acquire by testifying to truth in a federal court will not be sacredly ac- corded to him by the President in whom the pardoning power iss vested by the federal constitution"
 The department has felt that its high regard for the court and it's sense of inn portance and delleacy of the inquiry re- auested of it by the order of August II forbade that this inquiry should be com mltted by any subordinate, however com petent or trusted The subject has. there fore. received throughout, the personal at- tention of the attorney general Having submitted the foregoing report. explana- tion and statements of the department to the court, you will thereupon respect fully move the court that the special grand jury be discharged from further consideration of the above mentioned sub ject matter and you will immediately re- port to the department your action in the premises and any which may be taken thereon by court Yours respectfully, "CHARLES J. BONAPARTE, \ Attorney General"