New-York tribune., 1908-03-11
ICE TRUSTCASE HALTED
GRAND JURY REBELS.
Osborne Says There Has Been No
Quorum at Inquiry.

Recause no quorum of the special grand jury in
vestigatng the American Ice Company had heard
all the evidence transmitted to 1t. Attorney Cen
eral Jackson. acting the advice of James w Os-
borne, who is conducting the inquiry. suddenly
withdrew the case from that grand jury yesterday.
Mr. Jackson and Mr.. Osborne of the opinion
that any indictments the jury might hand DOWN
would be open serious question. The case VIII oe
presented another grand jury soon as possible
This action surprise to the jurors, who
took it is a reflection upon them, and are deter
mined to oppose 1t. Mr. Osborne said that it was
not until Monday evening that he discovered the
lack of quorum The special grand jury is COM
posed of twenty-three jurors, and sixteen constl-
tute quorum Mr.. Osborne said that while six
teen might have been present each day. yet they
not the sixteen.
When Mr.. Osborne informed the jury that he had
Withdrawn the case they appointed committee
headed by Edward J. Cuddihy. the foreman which
called on Justice Bowling for instructions. Mr.. Os
borne and William A. De Ford. deputy attorney
general. went along. and both sides briefly pre-
sented their cases. Justice Dowling said he would
hear both sides in full this afternoon. when he will
probably hand down decision Mr. Jerome one
of the grand jury said, will represent them
to-day.
For three weeks the investigation of the socalled
ice trust has been going on. 1t now seems certain
that this work will be lost. and the inquiry will
have to be started all again. As the present
jury will be in session at least two weeks longer II
may mean actual delay of nearly five weeks
Some persons were of the opinion that Mr.. Osborne
felt Convinced that the present grand jury would
not hand down any indictments as result Of the
inquiry. This opinion seemed to be prevalent around
the Criminal Courts Building
When Mr. Jerome asked what he thought OF
Mr.. Osborne's action he remarked: whenever l
have case before the grand jury always see to
it that quorum is present.
Mr. Osborne sent a letter to the Attorney Cen
eral in which he said: The importance of this
case is great that deem if inadvisable to pro-
ceed further. and think the case should be
withdrawn from considerable Of this grand jury.
Mr. Jackson promptly replied that District At
torney Jerome through his assistant, Mr.. Smyth.
strongly recommended the present grand jury to
having peculiar qualifications for making
the investigation which you have been conduct
ing" He then told Mr. Osborne to withdraw the
On receipt of Mr. Jackson's reply Mr.. Osborne
told President Oer of the American Ice Company.
who then waiting to testify. that he would not
be needed for some days. Mr.. Oer became ndig
nant. It's an outrage, that's just what it is,
outrage!" he exclaimed. Here they have already
held up books for weeks, taken UP my time
and that of my men, and now they are going to
do it all again. This is costing lot of
money and interfering with business. It's out
rageousr'
The grand jurors also Disconnected When
their foreman and committee saw Justice Dowlns
they told him that sixteen men had always been
present every day and sometimes more
Yes" interjected Mr. Osborne that is true, but
they were not the same sixteen. Furthermore, the
jurors have the habit of leaving the jury and
staying out three four minutes, but hours
No sixteen on that jury has ever heard all the
evidence submitted, and how an indictment
handed down under such circumstances stand?
There considerable discussion yesterday as
to the jurisdiction Justice Bowling would have. 1t
said that neither the present grand jury nor
urt he O
tnue his presentation of evidence. nor could either
prevent him from carving out his present course