Omaha daily bee., 1909-03-15
Council Bluffs
BATTEY CHARGES COERCION
Asks Court to Have Indictment
Against Him ouashed.
COURT SUMMONS THE JURYMEN
Former Clerk OF Courts Asserts Grand
Jury voted Not 60 Indict Him
end Later Did SO Under
Pressure.


Alleging that the grand jury. which last
month returned a new Indictment against
him on the charge OF embezzlemcnt of
county funds. was "coerced' and "intimi-
stated by threats" II. V. Battcy, former
clerk OF the district court, yesterday filed
IN the district court a motion asking that
the Indictment be quashed.
Judge Thornell, after perusing the motion.
set Monday afternoon. next, as the date
Cor a hearing Of the application and or
dered that the members Of the grand Jury
in question. be summoned to appear at that
time for examination.
In the motion IL rec!ted the fact that the
grand Jury at the November, 1908 term OF
district court, returned indictments against
Mr.. Battey. which were subsequently
quashed. because It was held by the court,
that the grand jury had been improperly
nd illegally drawn and that in accordance
with intructiors from the court the cases
we're re-submitted to the grand jury at the
January term OF court.
Originally indictments wore returned
against Battey on charges of forgery and
emhczzlement, but Battey took the stand
and testified that tho grand Jury for 1905,
which had reported the Indictments against
him and others, had been improperly
drawn by him and the other county officers
entrusted with the duty Of drawing the
grand and petit juries for the district court.
On this showing the court ordered that
the Battey and several other indictments
be quashed. but instructed that Battey be
held to the January grand jury. which ig-
nored the charge Of forgery and returned
a new Indictment against Battey on the
embezzlement charge.
The motion filed yesterday covers sew
eral typewriter pages, but does not specify
what person or perons made the alleged
threats complained Of.
The motion alleges that the grand jury
at the time 1t was impaneled was fully
charged by the court, and was advised as
TO It's duties; that It summoned a number
Of witnesses and after consideration of
their evidence, voted that no Indictment
should be returned against Battey. This ac-
ton, it lie claimed, was legally final.
County Attorney Named.
The motion further alleges that after the
jury had voted a mo bill' in the Battey
case, County Attorney Hess appeared before
the grand jury. before 1t had made it's re
port to the court. without being requested
to do so by that body "for a purpose other
than the examination of witnesses" and
demanded that the jury reconsider its ac-
lion. insisting that an indictment should be
returned against Battey. The exact Ian
gusge OF the county attorney. the motion
states. is not known to the defendant. but
1t Is charged that he sought to coerce the
grand jury into returning an Indictment.
The incidanf nf Eahrnaru % Nhan the
grand Jury, as u body. came into court to
confer with Judge Thornell in the Battey
matter, Is referred to at length. II is
stated that the Judge charged the jury
with special reference TO embezzlement and
forgery, and after doing this excluded all
persons from the court room except the
court. county attorney and member of the
jury, and again charged the latter.
The motion states that the Judge com.
pared the liability of a defendant under 6
charge of embezzlement 10 that OF a person
WHO commits theft, using the illustration
OF a man who might steal a horse and
after escaping with II. decides TO return it
and who, in spite OF this action. would b.
liable to a charge OF theft. This rule, tn,
defendant complains. was made to appl,
by the court to a case where it is claimed
a public officer retained fees, believing
they belonged TO him." but subsequently re
turned them ION being convinced of hi
error In the motion 1t is claimed tn,
court erred in this particular solely through
not being advised as to the facts elaine,
In connection with the case.
1t Is further claimed that in the proceed
ings referred to the court exceeded it's au
thority and committed error. and that tn
effect OF the proceedings was to impress
upon the members OF the grand Jury tn
idea that the court was demanding tina
Battey be indicted. These proceedings ar
characterized as extraordinary" and 1
Is further complained that the court ere,
In the holding OF a secret session OF tn
court. grand jury aDd county attorney.