New-York tribune., 1908-03-31
MOVE AGAINST JACKSON
PRESENTMENT BY JURY.
Attorney General Calls 1t Lying,
Corardly, Contem ptible Trick.

THE March grand Jury for New York County
,a,ded VI TO Judge Foster. of the Court of Gen
oral Sessions. late yesterday afternoon, pre-
sentiment against Attorney General Jackson In
a. .ha ,ury stated that evidence had been given
before il rejecting upon the integrity OF the
.r-o,-1ev General and that there was an apparent
,,,Aict of evidence and for this reason and be
c.,,se Of the -'transcendent importance OF the
Attorney Generals Office. the jury requested that
comics Of the presentment and the evidence be
sent II Governor Hughes. the President OF the
senate and the Speaker of the Assembly
News of the grand jury's action enrased MI
Jackson Il call it a lying, dirty, cowardly, con-
.e-,ptible trick he Indignantly asserted. and
7 think the grand jurors ought to be punishea
for contempt of court 1t looks to me like a
contemplate attempt to defame and oiscre III
me before the people Of this state. They say
there has been conflicting testimony From my
information that statement is lie
The Attorney General said he would go before
Judge Foster this morning and move that the
,,-esentn1ent be expunged from the records on
,be grounds that it is totally Illegal, unWar-
-snred and scandalous.' 1t is believed that MI
jackson will attempt also TO prevent the sendlns
os comics 10 the Governor and the presiding OIL
GERS Of the Legislature. Mr. Jackson may try TO
have the jurors punished for contempt
In accepting the presentment Judge Foster
communication stating that he desired me TO
give him an opportunity to make a motion IN
court TO expunge the presentment from the rec
ord before it was made public. on the ground
-f,a1 II contained Illegal and scandalous MAJ
ter.
~Of course. this presentment viii be received
and placed on file and later il will be Determined
as 10 what course it shall take don't kho"
myself wheth this instrument should pe caieu
& presentment or a communication IL repre-
sents presenIment in your judgment ana IL -
entitled 10 consideration FOR lhat purpose -
will ta Ike its usual course
The presentment signed by MllIlafh -
Muschenheim. foreman OF the grand jury. and
George : Terry. secretary. Il follows:
Testimony has been given before the grand
fury affecting integrity of the Attorney zen
eraI of the state, and an opportunity mas oS.H t II
extended him 10 appear before this body The
ATTORNEY General testified and there now ap-
pears d conflict of testimony in respect TO the
matter brought before US
The Office OF Attorney General is one of such
transcendant Importance IN the auhlliitSei stioiI
of the business of the state, and the confidence
Of the people Of the state in the integrity Oh 'iie
Attorney General is so essential TO puphc WEI
fare that We deem il duty TO Respectfully
call the situation your honors attention ana
reo,es- Won Ia direct the clerk of the court TO
transmit this presentuent and "A copy OF the teS-
tirlonv and proceedings before this grand jury
20 his excelency the Governor OF TINS state lhe
President OF the senate lile Spedhcl VI 'll0
Assembly for action
Nj Jackson. in explaining his statement that
the grand jury had legal right TO hand UP j
presentment against him. said:
The powers Of the grand jury are defined
both by statute and the constitution grand jury
can hand Up presentment only after it has ex-
ercised its inquisitorfal powers 1t may exercise
these powers by investigating a public Official
fo- vilful misconduct or corruption in Office 1t
cannot legally hard up a presenfment in this
czse because Il has not made and il does not
claim TO have made an investigation Of me or
my official conduct Its sole duty in this in
stance was 10 vote upon whether or not true
bill or an indictment be found against me-
IF it. did not have sufficient evidence upon
vh:ch ro base an indictment that should. under
the Law. have ended the matter There Is no
legal justification for grand jury after ii has
failed TO find an indictment against man 10
hand 1,r q presentlnent which reflects upon him.
and which reflection he is of necessity po~erle5s
70 remove That is just what a grand jury is
supposed 10 prevent. injustice Of that sort.
Nr Jackson quoted from an opinion of Justice
Woodward Of The Appellate Division, 2d De
par1r7ent in which the Justice said 1t seems
10 ne clear that there is constitutional right
80 make presentment against an individual IN
E case where an Indictment would not lie If
there has been no crime offence the grand
jury designed for the protection OF citizen has
TO right 70 create an offence unknown to the law
for purposes OF punishing by censure, for this
IS government OF laws and not Of men