The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-04-18
r1r. RuiCk Sustained Again.

attorneys of the department of justice sent from
Washington to Boise completed its work on Tuesday
of the current week
1t returned indictments against James T. Barber
Sumner c. Moon, Frank Martin and Albert E. Pal
mer. They charged with conspiring with Frank
Steuenberg, William Sweet, John Kinkaid, Louis M
Pritchard John l. Wells Patrick Downs and others
unknown to defraud the United States out of large
tracts of timber land in the County of Boise Idaho
Four counts returned against the four parties
first named. Mr. Martin admitted to bail in the
sum of So 500 and the others in the of 5000
each.
These parties had previously been indicted and the
indictments against them were dismissed and Federal
Attorney Ruick was charged by the court with hav-
ing influenced the Grand Jury against them.
Judge Whtson, of the Federal Court of the District
of Washington, sitting in the case, delivered the
opinion that quashed the first indictments against
Barber Moon, Martin, Palmer and others, sustain
ing the demurrer of the defendants to the effect that
District Attorney Ruick had urged the Grand Jury
to bring in indictments against them. In his opin-
ion Judge Whitson said, (these being extracts from
the opinion)
Yet it is true that the District Attorney when be-
fore the Grand Jury, and without request, made an
extended address, in which he discussed the law
and facts, and several of the jurymen were frank
enough to say that they understood the object to
be the finding OF indictments against these QefenQantS
x * *Whatever view be taken it would be
utter nonsense to say that this speech, address,
gument whatever it may be called, was not tor
the purpose of securing an indictment against the
persons under investigation and who were actually
indicted and it would discredt the intelligence OF the
prosecutor find that had any other object in view.
The conduct of the District Attorney before that
body is in effect the though he had said
that in his opinion the evidence established the guilt
of the defendants that they ought to ndlct Them that
the Department at Washington wanted them indicted;
and that it the duty of the grand jury under
the circumstances to do so; that the defendants
Martin and Pritchard were guilty and that IN their
testimony they purposely apsed into forgetfulness
when they said they did not remember concerning
certain transactions concerning which they had been
questioned 1t must be concluded that the address
was plea for idictment, substantially IN manner
and form the prosecuting officer would plead for
the conviction of defendants before trial jury.
X x x X X
Where the prosecutor not only exercises his opn-
ion but urges the finding of Indictment it IS clear
ly shown that the grand jury must necessarily have
been influenced, whether consciously or unconscious
w. prejudice will be presumed Where the
duct is overpowering in its nature; where it inheres
in the investigation; where it permates everything;
where it overshadows as it did IN this case coming
from a prosecutor of such profound ability 1t is
perfectly apparent that it pre- judicial The court
has occasion to know that there was no ground for
the return of the indictment to of the defend
ants for it must be assumed that the evidence
was adduced upon the trial that accorded to the
grand jury. On the other hand there abundant
evidence to justify the return of the indictment
as to certain other defendants and here it will natur
ally occur that as to those defendants against whom
there was sufficient evidence, the indictment might
be permitted stand be quashed to those against
whom there sufficient evidence
And since the prosecutor cannot share in the
deliberations in view of the unusual and extraordin-
airy proceeding before the grand jury it is difficult to
see how it can be concluded that there no
prejudice even if it be said that the evidence
sufficient for the return of the indictment where the
is met with the prosecution that
defendant at least was presented without sufficient
TT nrerdicia1 70 him If was 70 other de-