New-York tribune., 1908-03-12
CAN'T STOP ICE INQUIRY
RLOU TO MR. JACKSON.
Conrf Holds Grand Jury Has
Po.cer to Continue Probe.

,ftc- being charged by Justice Downing. OF
.,e s-,1prerle Court, that it had the power TO
,rttuue or begin an investigation on IT'S own
.-i-ia-ive regardless of any attitude any Ia"
e=,er OF the state might take. the speclal sfaiu
- -.,cb has been investigating the affairs
- the American Ice Company voted unAlli-
-,,,,zlr Yesterday afternoon TO continue the
- ND n DENY the request OF James w
so-,a special deputy attorney general 10
7.- Il go over 70 another grand jury
,.e-ice Downing delivered charge TO 'he
IA ,,s-v which in itself was CONSIDERED d
-s-4,;ne criticism OF the Attorney General pu'
=. asneciallv OF Mr- Osborne He told lhe
.-o-s that he accepted their statement rIiade
- .rair presentrnent that there was ai"aSS
-.o--7r7 present when the Ice Trust case va
an and characterized assertions to the contrary
-. ono uncertain In ending his charge
--.;oa novling said: IF you have sunlclenl
.os.,,,onx TO Justify you in finding an indic'-
- md the sr1ecial deputy attorney seiie- a.
s.~li,es 70 draw the Indictment the couI' WIZ
Cornish YOU with some one To draw IL
TIC court thought the Attorney eTeneIs :
action in making public the corresi'ollue 1
,v-ae, the latter and Mr. OSBORNE
withdrawing the case before aca"sli',ll =, a.
with its contents disrespecuul- Inns i7'
anclogy from Mr- Jackson
APOLOGY FROM JACKSON
.-rsd in giving out this correspondence puI L
,r-o ron no disrespect 10 yourself was In
,-,5ed If I have unwittingly been disrespect-
[,,l "a either you or l - grand jury desire 10
apologize.
7 accent vour statement" said Justice Dow
ling
Immediately after the hearing the sraHo
5srors retired and within fifteen minutes ha"
voted 10 continue the investigation and re-
CDTlrjl
dy-t it. Neither Mr.. Osborne nor the At
,o-r.ey General had reached a decision last night
They may decide 10 continue the inquiry before
the present grand jury to try to get it before
subsequent grand jury Regardless of their de-
cisfon the present jury viii exa~+ne other wit
r7esses and end the inquiry. employing other
counsel II necessary
y should like TO ask why said Mr. Jackson
last night. when / desire for obvious reasons
10 prevent this case falling through upon a tech
1icaIiIy. others are so anxious that It should
proceed"
TIE Court repeatedly interrupted Mr.. Osborne
when the latter was arguing. and there were
several sharp exchanges once Justice 'DoWling
asked Nr. Osborne why ne had not presented
jhe matter in dignified way. And once the
special deputy told the Court in reply 10 a ques-
ton that he respectfully submitted the Court
had nothing TO 90 with his reasons for with
GfoNiii- tAlt S(SS. bul Gt was WILING 10 give
1heun y the Court 50 desired. The Court did SO
desire
GOOD CASE. OSBORNE SAYS.
Il making his argument. Mr.. Osborne said
-hsJ he had overwhelming case"
against the American Ice Company He charged
fhat while the nominal stock OF the company
was SGo0o10o0. the paid UP capital was only
seset1 His desire 10 withdraw the case from
the present grand jury. Mr.. Osborne said. was
cue 70 several reasons: First. the validity Of
sTy Indictments II might return, due TO the fact
testimony second, the necessity Of getting more
Witnesses from Maine and other places; and
1hird- that il his belief that all the evidence
would have 10 be resubmitted.
Mr. Jackson began his argument by saying:
These proceedings. think. are unique"
Justice bowling said Yes, entirely so"
NJ Osborne interrupted: They are not
unique. unique all
M. Jackson. 90 you believe that all the
evidence should be re-submitted?' asked Jus
Toe DowIing
After eyadIng the question severa! times. Nj
jackson hesitated 10 answer II. but the Court
Insisted upon . direct reply
Say YES. say yes" whispered Mr. Osborne.
Say yes. oh say yes pleaded Nj Battle |
another Deputy Attorney General
That Is nay opinion said the Attorney |
General.