The sun., 1908-05-12
APOLOGY TO GRAND JURY
Demanded by Justice GRrretsOn Of q Man
Mentioned In KlsSena Park Scandal.

Demanded by Justice GarTetsOn Of . Man
Mentioned In klsSena Park Scandal.
There was an echo Of the Kissena Park
case In the Flushing Supreme Court yes
terdAy when Justice GarTetson handed down
a decision denying the application OF John
R. Paris and Edward A. MaoDougal TO eX-
punge from the Grand Jury minutes the
presentment in which their names were
coupled with the scandal.
In the petition Of John r. Paris IL was
declared IN effect that the presentment in
which his name was made 10 appear In an
uniavorAble light was unauthorized by law
unwarsnted by the evidence and scandal
Gus in its origin and character, and that
the accusations, obviously were false and
unfounded, beihg merely a reiteration Of
the lbelous charges which emenated from
a disgruntled political element.
Justice Garretson in his decision pointedy
condemned these statements and declared
that before further proceedings could be
entertained by the Court complete apology
must be forthcoming from the petitioner to
both the Court and the Grand Jury. He
said:
II Ia clearly manifest that these attacks
Upon the motives and integrity OF the Grand
Jury we're not necessary or material upon an
application for an inspection Of the minutes.
Due allowance should OF course be made for
the natural and spontaneous Indignation OF
an individual who deems himself to have been
wronged by uniounded accusations affecting
his standing and reputation. but he should
not be permitted to transcend the propretv
Of judicial procedure. nor should intemperate
and accusing language. imputius II not d-
reotly charging improper and unworthy
motives to the Court and Grand Jury be. per-
mitted TO pass unnoticed and unrebuked.
The scandalons and impertinent matter
quoted above prevents the Court from retain.
ing the papers cad taking Judicial action
thereon and the papers will be returned TO the
applicant because II is not proper that they
should be upon the hles Of the court.
Upon the absolute withdrawal Of the matter
referred to and the disavowal OF any intended
dsrespect TO the Court or the Grand Jury
the motion may be renewed upon proper
papers
Commenting upon the charge contained
in the petitioners papers that the investi-
cation and subsequent presentment were
the outcome OF political clamor Justice
Garretson says ....
The Grand Jury empaneled In this case was
charged by the Court To investigate the al
legged mibcopduct In connection with the Kis-
sena Park purchase and was told that the
subject had become Of public interest and
criticism which IL was their duty to dispose
Of. So It Is ROt,a fact, a. iuferentially set
forth In the afidavit OF John W. Paris. sub.
mittsd herewith, that the investigation was
Inspired BY ths chmof OF one Watrlng faction
Of political party.
Paris and MacDougal we're the real estate
agents through whom the sale was made 10
the city, aided by Lawyer George h. Chaser,
who acted a. their attorney and received
Nt,0o0in commissions for his services. Mr..
Glager Was indicted by the Grand Jury on
q charge Of perjury and bis Application for
permission 10 inspect the Grand Jury min
uteg was also decided adversely yesterday
hy Justice Garretson.