The sun., 1908-03-31
PRESENT JACKSON TO HUGHES
GRAND JURY WANT EVIDENCE
SENT TO THE GOVERNOR
And 10 the Legislature Receiver
whites Testimony That Jackson cried
Halves Il the Point JACKSON Says Pre-
sentiment Is Illegal and WIN Attack II.

whites Testimony That Jackson cried
Halves Il the POlnt Jackson Says Pre-
sentiment Is illegal and WIN Attack It,
The integrity OF Attorney General Jack
son has been questioned, the Grand Jury
submitted yesterday in presentment, and
the Grand Jury feels that the evidence 1t
took on the question should bo presented
to the Governor and the Legislature "for
action The Grand jury has heard At
torney General jackson three times as
witness since the arrest Of Nathan Vidaver,
who was one OF his special deputies, and II
says that there is a conflict Of testimony
which should receive the consideration Of
the Governor and the Legislature,
When Mr. jackson heard Of the present
ment he said it was unfair and cowardly,' -
Before the presentment had been filed he
had information that It was coming and he
sent a letter to Judge Foster Of General
Sessions protesting against the present
ment being made public on the ground that
il was entirely illegal and scandalous,
Judge Foster had the presentment read in
open court and Mr. Jackson's letter was
filed with IT,
The Attorney General announced that he
will appear this morning before Judge
Foster and move to have the presentment
stricken from the record Of the court, Dis
trct Attorney Jerome will be in court
should the Grand Jury desire to call upon
him as its legal adviser to uphold its action,
1t Is left to Judge Foster to decide whether
the presentment and the evidence shall
reach the Governor and the Legislature,
which has before it proposal to investigate
Mr.. Jacksons conduct OF his Office.
Mr.. jackson first appeared before the
Grand Jury the day after the arrest Of
Vidaver. who was accused by William X.
Montgomery, ex-president Of the Hamilton
Bank, Of attempting 10 eXtort $500 from
him. Mr.. jackson said he wanted 10 eX-
plain the connection Mr., Vidaver had with
his office Mr. jackson spent an unpleasant
hour before the Grand Jury, being exam
ined part Of the time by Mr.. Jerome. Then
one day Frank White, who had been Mr.
Jacksons first deputy until he became
temporary receiver Of the Hamilton Bank,
told the Grand Jury that Mr.. jackson had
demanded from him half Of his fees, about
$40. 900, as receiver for the Hamilton Bank
and that he had refused to give up.
MIR jackson appeared before the Grand
Jury q second and a third time. bringing
the last time a bundle Of papers which he
left with the Grand Jury, The Grand Jury
took charge OF the investigation itself, the
District Attorney being present only part
of the time. Mr.. jackson is said to have
gone into defence Of himself and his
office.
Yesterday afternoon there were several
conferences between groups Of jurors. and
Judge Foster was asked to wait longer than
the usual hour for the Grand Jury to report,
He had to wait until after O'Clock By
that time the Grand Jury had prepared a
without the aid Of tho District
Attorney When the jury came into court
Foreman William c. Muschenheim said the
presentment would be read il the Court
desired to hear It, Judge Foster thought |
he would look over it first and after gancing
at the presentment he said he thought It
should be- read. George S. Terry, secre- |
tary of the Grand jury, read it as follows:
Testimony has been given before the Grand |
A. 81 lot Ia go . .
General Of the State and an offer has been
extended 10 the Attorney -Gcupral to appear
before the Grand Jury and give his testimony |
in respect thereto The AtOrnry-Geueral |
has appeared and testified before the Grand |
Jury and there appears conflict Of testimony |
In respect 10 the matters brought before us
The office Of Acknowledgement is Of such |
transcendent importance in the administra- |
ton of the business OF the state and the con- |
Gdence Of the people Of the state In the in
tecrity oi the Attorney-iencral is so essential |
TO the public welfare that We deem il our duty |
TO respectfully cali the attention Of your |
Honor TO Il aud request the clerk Of the COrut ,
TO transmit this presentment 10 the Gov !
crnor Of the Stute Of New ORR. the President |
oTthe ateand the Speaker Of the Assembly |
for action
May | receive the paper and place it
on Rle?' said Judge Foster. i have al !
ready received a communication from the !
Attorney General" This is the letter
HoN. WNRREN ". FOSTER. II the Grand !
Jury makes any pre5entment In my case |
desire an opportunity to ask that It be eN- ,
plunged from the record before being made |
pubic as entirely illegal aud scandalous. ,
have some authorities desire to submit upon !
the subject Yours truly,
W. ). JACKSON
MIR. jackson had written the letter him
self. not taking time to have it typewriter
After quoting from the letter Judge Foster /
said he would file both the letter and the
aud decide later what course
to follow.
Il don't know myself he said, whether |
this instrument should be called present
ment or a communication. 1t represents a
in your judgment and it is
entitled 70 consideration. For that pur-
pose IL will take the usual course
Mr. jackson did not take the presentment /
gracefully, He said he would attempt to /
have II removed from the court records.
Il consider he said. that the Grand
Jury in making any such report violates
ihe injunction Of the statues in reference
10 the secrecy Of Grand Jury proceedings
Such method Of attack is absolutely unfair
and oowardly and has been held TO be
Illegal and without the power Of a Grand
Jury. A court should not allow Grand
Jury to make such report, II the Grand
Jury states in lis presentment that there
s a conflict Of testimony, that also violates
he seorecv Of the DroceeiinRs. | have not