Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-09-24
THE ALTON IMMUNE
Continued from First Page.)

casion. that we are not to presume that
the equitable title to mercy which the
humblest and most criminal accomplish
may thus acquire by testifying to the
truth in federal court will not be
sacredly accorded to him by the Presi-
dent, In whom the pardoning power Is
vested by the fedaral Constitution
The same justice says further, refer
ring to the case of the United States agt.
Lee, Mclean, 1903:
Public Policy aud Justice.
Public policy and the great ends of JUS
tce, it was said in the second case CU. s..
VS.. Leo, require that the arrangement be-
tween the public prosecutor and the ac-
complete should be carried out; and the
court proceeded to remark that If the dis
trict attorney failed to enter a nolle
prosequi to the Indictment the court will
continue the cause until an application can
De made for a pardon. which, of itself, Is a
complete recognition of the usage and prac-
tice established in the place of the ancient
proceeding of Improvement.
The department has felt that it's high
regard for the court, and Its sense of the
Importance and delicacy of the inquiry re-
quested of it by the order of August IA,
forbade that this inquiry should be COM
mltted to any subordinate, however compe-
tent or trusted. The subject has. therefore,
received throughout the personal attention
of the Attorney General. Having submit
ted the foregoing report. explanation and
statements of the department to the court,
you will thereupon respectfully move the
court that the special grand jury be dis
charged from further consideration of the
above mentioned subject matter, and you
will Immediately report to the department
your action in the premises and any which
may be taken thereon by the court.
Yours respectfully,
CHARLES J. BONAPARTE,
Attorney General"
Jury Given History Of the Case.
Judge Lands. after the reading of the
letter Of Attorney General Bonaparte re-
counted to the members of the grand Jury
the history of the CASE citing what he said
were evidences of criminality on the part
OF the railroad company In connection with
the granting of the rebates. and saying
that the promise Of immunity must. how
ever. be kept, directed that the jury should
take no further action against the railroad
company in the matter.
There Is. however, said Judge Lands,
another matter which it becomes my duty
to submit to you. A document purporting
to have been issued by the directors of the
Standard Oil Company to its employees and
stockholders, and which counsel tor the
Standard Oil Company assure me they
have never seen and know nothing Of its
contents, has come into my hands. 1t ap-
pears to have been freely circulated and 1
have received many copies of it.
This document purports to deal with
facts concerning the tranSporta ton OF prop
erty In interstate commerce in the neigh
borhood of Whiting Ind In the document
is a statement from James A. Mofrett
president of the Standard Oil Company of
Indiana. and quote from it as follows:
" Thousands of tons Of freight have been
shipped from these points during the last
fifteen years under the same circumstances
as the Standard shipments and, If the
Standard is guilty in this case. 50 Is prac-
tically every other shipper In this great
manufacturing territory. Is there a pur-
pose In selecting the Standard as d victims?
Il hope l need not say to you that 1t is
my highest ambition to so administer the
affairs % this court that one can truth
fully allege such things as this.
Therefore / direct that subpoena be
issued for Mr.. James A. Moffett directing
him to attend your next session. l charge
you to give diligent attention to his testi-
mony. Mr.. Moffett will be summoned to
appear before you next Tuesday morning
at 10 o'clock