Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-02

/ vestigate the shady deals In which 1t
was alleged that Gordon figured.
There was more than the usual diff
J ficulty in securing the requisite num-
her Of inquisitors. Finally the jury
!, was organized under the formanship
! of Benjamin F. Davis. ~"
| Fred c.. Pugh, prosecuting attor-
ney of Sopkane county, was eager to
obtain a complete record of the tes-
timony before the jurors, SO he made
la formal demand for the attendance
; of stenographer. Judge William E.
Hinkle denied this. request, also de-
claring that no notes should be taken
by an outsider. j. H. Pelletier, court
stenographer, was appointed deputy
prosecuting attorney and has been
present at each session of the grand
jury to date. 49,.
! Among the witnesses summoned to
give evidence in the Gordon investi-
cation were Judge E. Henry Sullivan
of the Sopkane county superior court.
his brother, Potter Charles Sullivan
of Seattle, and N.ulten E. Nuzum Of
Spokane. They discussed their tes-
timony after leaving the grand jury
room and were promptly hailed be-
I fore Judge Hinkle for contempt of
court. They admitted talking about
their testimony, Notwithstanding that
Foreman Davis had cautioned them
to keep it secret, but denied through
counsel that such conduct CONSTITUTE
! ed contempt.
| Frank Graves. attorney and state
senator. appearing for Mr.. Nuzum,
/ H. chat tho made
an order about secrecy of testimony,
adding, and if it had, it is utterly
without power to enforce obedience
to it. AS an American citizen can
not have my right Of free speech
abridged by the order Of any court or
the caution of the foreman Of grand
jury" Charles S. Voorhees,, son of
the late United States Senator Voor-
hees of Indiana, who defended Judge
| Sullivan, said that the caution by
the foreman of the jury was imperti-
nent as no written or unwritten law
would sustain such contention,
while Mr.. Sullivan who appeared in
his own behalf, said that he and Mr.
Nuzum appeared as counsel for Mr..
Gordon and he had the right to dis
cuss his testimony witlt any one,
"and," he added, "no court or judge
or legislature has the power to en-
force an order of secrecy"
Judge Hinkle took the cases under
advisement, after Don F. Kizer, dep
uty prosecuting attorney had insisted
upon the court inflicting punishment
then and there. Judge Hinkle hand
led down an opinion virtually uphold
ling the contentious of the defendants
and saying that the court had been
unable to find anything bearing upon
the cases under consideration:
Counsel for Gordon. then turned
the tables upon Prosecutor Pugh by
demanding that J. H. Pelletier, the
lstenographer and deputy prosecuting
attorney, be cited for contempt OF
court. Judge Hinkle entered the or
der; appointing Frank Graves and
Frank T. Post, counsel for Gordon, to
prosecute the charge. The case will
be heard some time this month and
a lively: legal battle is expected :.s to
result. 2s s 555l Sss @ 5a3 Rs' .s@f PA
An interesting sidellght is cast up
on the case by the supreme court OF
Washington declaring in three to
1.-TWO opinion that there was nothing
Ito review when Prosecutor Pugh ap-
\ peared before that tribunal recently
lfor decision permitting the state to
install an official reporter In the
grand jury room during the investi-
cations of the Gordon and other
cases. Another is that. when F. v.
Brown, counsel for the Great North
ern Railway company, was cited Tor
contempt of court for failure to pro-
1duce letters and papers asked for by
the state, Judge Hinkle discharged
him on the ground that the subpoena
was too sweeping. .
I Prosecutor Pugh has caused sum-
mons to be issued for Colfax w. Ma
honey, city ticket agent In Spokane.
and L.. w. Gilman, assistant to Presl-
dent i1ill, to appear before the jury
with certain letters and papers from
the company's files. II these are not
Forthcoming the prosecutor will eth
er charge the company with contempt
OF court or file information against
It for conspiracy. - ..@b@&."- -.
Prosecutor Pugh also plans to call
for another venire so that the second
grand jury can be impanelled early
| in June, or within "a hours after the
present jury is dismissed under the
law not later than June 10. The pre-
sent statute is Interpreted to specify
! that a jury may sit not more than
three months following the date OF
it's impanelling. ~"">-& sz:&,.@, -.
Louis w. Hill, president; e. Saw
yer, treasurer; joan g. Drew. COM
ptroller, and w. H. Begg, solicitor OF
the railway company, have been serv-
ed with subpoenas duces tecum.. by
| S. D. -1oak, deputy sheriff of Spokane
county, in the matter of the grand
ljury's Investigations Of Gordon.
! Prosecutor Pugh declared In the
isuperior court before Judge J. D.
Hinkle that the Great Northern Rail-
way company is conspirator with
Gordon and in conjunction with him
Its ofYlcials are aiming to defeat the
| lends OF Justice in these embezzlement
| cases, adding: ~. .'@ y j.-s artSs
1.-THE money which Gordon has EN-
bezzled was the company's property.
Despite this fact, however. the COM
pany is making no attempt to assist
j fho ctafa IN nrOhinga the matter. but