Los Angeles herald., 1908-03-14
REPORT OF
GRAND JURY
GIVEN OUT
COUNTY INVESTIGATING BODY
is CRITICAL
DISTRICT ATTORNEYS OFFICE
AND COUNCIL HIT
Judge conrey Comments in Lengthy
Statement on Report of County
Body, Which Is Dis
charged

The final report of the grand jury
giving in detail the results of its work
since April 30. 1907. was made public
yesterday, and, following statement
to the jurors by Judge Conrey, the body
was discharged.
Perhaps the most sensational feat
ures of the report are the reflections
upon wha- the jurors believe to be u
lack of care exercised by the district
attorney in the appointment of depu-
ties and a recommendation that all the
remaining cases in connection with al
legged illegal registrations at Ocean
Park be dismissed the reason given
for this request being that no conVlc-
tions have so far resulted and that
some cases dismissed were among those
which, from the evidence before the
grand jury, seemed the ones most cer-
tain of conviction.
This statement is accompanied by a
criticism of the district attorneys ac-
ton in dismissing the indictments
against Nagle and Lattimer and his
statement at that ime that he had ad-
vised the jurors not to indict these men,
as he woul,- not try them
This statement to the court by the
district attorney, they say, is not in
accordance with his words when he
appeared before the jurors. After the
indictments had been returned, they
say, the district attorney personally
appeared and requested their with
drawal, remarking, however, that if the
action was not rescinded it was his
business to prosecute, and he would
Go so.
Judge conrey Makes Statement
Judge onrey, before discharging the
do CT and
referring to that part of the report
which appears to reflect upon the dis
trict attorney, said
Your criticism of the district at
torney, whether just or not, must nee
essarily tend to lower public confidence
in the efficiency oe his office. Therefore
/ think you will agree with me that
could not rightfully Cor with fair con-
sideration for Mr.. Fredericks) permit
your report to become accessible to the
Iublic without filing with it state
n.ent of those facts which occurred in
the presence of the court and were not
set forth in your report"
A transcript of the reporters notes
taken at the time the district attorney
requested the dismissal of the charges
against Lattimer .Nagle and Brown
was then read. The reasons for the
district attorneys request were set
says:
''Without taking sides in any con-
troversy between the grand jury and
the district attorney it is my duty to
say TO you, after observing the con
duct of the prosecution in several trials
which have been held under these in
dictments, that the court finds in that
conduct an ample reason to retain its
confidence in the ability and the integ-
Of "a district ATTORNEY
and of his assistants who have been
trying these cases"
Ocean Park Cases
Referring to the recommendation of
the grand jury that the remaining in
dictments in the Ocean Park cases be
dismissed, Judge Conrey said:
This recommendation | might very
well pass by in silence, because it
would be gross impropriety for me TO
give out at this time any opinion OF
mine as to the guilt or innocence OF
those defendants. But there are some
few things which ought to be consid-
cred by all of you in making up your
cpinions individually concerning these
affairs. My confidence in your intelli-
gent Judgment and in your love of JUS
tice impels me to carry this discussion
: little further, notwithstanding the
fact that the cases referred to by you
are now beyond the jurisdiction of the
grand jury as an official body.
1.-THE processes of the law concerning
prosecutions instituted by means of in
dictment do not present the cases in
the same light at every stage. For
example let it be supposed that the
grand Jury is informed by some one
that a large number of strangers have
registered as voters in a certain pre-
cinct An investigation follows, dur
ing which the jurors become satisfied
that illegal registrations have occurred.
TWENTY-FIVE indictments, more or less,
are presented.
Do Not Mean Guilt
"These indictments do not mean that
the grand jury has found and adjudged
that the defendants are guilty, and
they do not raise a presumption of guilt
that can be recognized for one moment
in the trial of any defendant.
"As the case progresses the state may
obtain stronger evidence, and increa sc
its power to secure conviction; or the
evidence may prove to be such that it
would be a waste of time and money to
go on with the trial
"Gentlemen. it would be an evil thing
for the community to have you go out
thinking and saying that you have
wasted your time in this business of
the court because. perhaps, men IN
dicted by you have not been convicted
and punished No matter what may
be the result in those cases, it will still
be true that you have made an i'm
portant contribution 10 the cause of
good government, in which we all be-
lieve, and in which every good mar
wants to be enlisted.
"Regardless of the question whether
the men indicted by you were guilt3
or innocent of illegal registration (con-
cerning which | do not intimate any
opinion), your action has made mer
remember that there is a danger in
volved in trifling with laws made fol
the protection of the ballot Prose
cutions for felony are not attractive
even if one expects to be acquitted.
TechnicaIities Criticised
I'VE are hearing some serious criti-
cisms at the present time directed
against so-called technicalities of the
law and against the courts which en-
force them These criticisms show
that a time is coming when there must
be a thoroughgoing effort to deal witt
questions of reform by amendment oi
the laws. l do not doubt that we shall
vet improve the means of administer
ing Justice in the state. But we shal
always have rules of procedure and es.
tablished practice for courts to follow
SO long as liberty remains to US anC
our children. For, if 1 close my eyes
and imagine that / see in the distance
n society without these institutions
then also seem to see social disorder
x-,,Ja Of cryor6. b1t tnis