The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-05-10
|SCH|VELY STRIKES
STONE WALL
Court, Grand Jurors and Prosecution Swear
Denials Of His Attacks.

"A DrlStllng array OF dJ0aVltS Dy
members of the grand jury, Judge
Huneke and Deputy Prosecutors
Donovan and Pelletier, denying GER
tain charges made by State Insur-
ance Commissioner Schively in his
motion to set aside the indictments
against him, were filed today in
the superior court when the effort
to quash the indictments was call
ed for a hearing before Judge j.
Stanley Webster of the criminal de-
partment Of the superior court.
Judge Huneke in his AFFIDAVIT
denies that there were any irregu-
larities in the empaneling Of the
grand jury, which Is attacked by
Schively. The court says that the
four prospective grand Jurors who
were excused. reducing the total
number to Is, were not called to
serve for good and valid reasons,
as shown by their answers to ques-
tons asked.
The claim of Schively that he
was deprived of his constitutional
right in the grand jury in not being
told that his conduct in connection
with the Pacific Live Stock associa-
ton was under investigation, and
that he was compelled to give testi-
mony against himself, was met
with affidavits filed by Ben Davis.
foreman of the grand jury, and r..
e. Bigelow and !. b. Schoen,
clerks of the same, also William
Kelly jr. and Charles R. Lewis,
members of the grand jury, to the
effect that the statement Is untrue.
Af1idavits of like character were
filed by Deputy Prosecutors Dono-
van and Pelletier.
The hearing on the Schively mo-
ton to knock out the indictments
began this morning and will con-
sumo nearly the whole day in Judge
Webster's court. Former Assistant
Attorney General e. C. Macdonald
and H. M. Brooks, both OF Spokane.
appeared for Schiyely, who was not
present in court. For the prosecu-
ton appeared Fred c. Pugh and
William c. Donovan.
Judge w. A. Huneke was called
to the stand by Schively's counsel
and questioned as to the different
steps taken in empaneling the
grand jury, the two venires called,
the excusing of the last four men
and the swearing in of Grand
Juror Gauldin, who, on account of
sickness, was not present until the
next day after the grand jury start
ed to work, when he was charged
individually.
The objections raised to the
grand jury proceeding in the initial
stage were taken from the notes
kept by the attorneys for Judge
M. J. Gordon. The data on the
question of the shorthand notes
and the complete report of the
contempt proceedings against
Prosecutor Pugh and his deputy,
Mr.. Pelletier, were also taken from
the record kept by Gordon's law
yers and permitted by Prosecutor
Pugh to be made part of the record
in the Schively case. This was
done In order to avoid the repeti.
ton Of calling ]. H. Pelletier to
the stand to undergo another ex-
animation as to what he did inside
the grand Jury room. which was
proposed by counsel for Schively.
The morning session of the hear
ing was consumed with the argn.
ment of H. M. Brooks. who took
up the various lines of attack on
the indictments, one at time, I'M
til the whole field was covered.
Greatest stress seemed to be placed
on the statement that Schively was
made to talk too freely within the
grand jury room.
Judge Webster said that II might
be all right to consider the law on
thiSpoint, but the question OF fact
ought first to be settled.