Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-01-23
c,booenas in Suit Against N. Y.
World Are Made Much
More Specific.
FIRST ONES WERE SET ASIDE
,.dgc ward Defines Witnesses Rights
Tndcr Fifth Amendment TO
The Constitution

v.y York. Jan. % The subpoenus
we'd upon J. Angus Shaw, secretary
no Press Publishing company and
contain p. Mclaughlin, sporting edi-
.of the New York World, at the be-
.o,ine Of the federal grand jury's in
.ryatlon In CONNECTION with the al
,..e5 ibelous publication regarding the
banana canal purchase, were set asid
T.. nudge ward Of the United states
.srt today The validity Of the SUBJ
,,ros was contested because they
IA not name the parties TO the pro-
..e5ipes. but summoned the witnesses
y, testify generally in behalf OF the
t-,ted states" Today's decision loses
.,,,sb OF it's significance through the
sct that the government has since ad-
.3 another form OF subpoena,
bs,.fp the proceeding is described
that of the United States against
,bs Press Publishing company ana 9TH
finder subpoenas thus setting forth
OBJ, rartiag TO the action other em-
Gloves of the Press Publishing COM
rg publishers OF the World, have
,nueared before the grand jury and
given their testimony
Tha federal grand jury, which has
i..sr taking the testimony Of Witness
y. ir ND case. was not ion session to-
Ssr having adjourned until Monday
indigo Ward, i'm his decision, held
tbst ths statutes pN the federal prac-
III. indicated that a witness should
b.. informed OF the matter about which
Do s called TO testify.
Of particular interest TO constitu-
r1ral lawyers Is that portion OF Judge
Wards decision which aftirms the prin-
.ore Fluuciated in tho nth amend
rent 20 the Constitution which pro-
t.Iss that no one shall be compelled
DO be- witness against himself.
10 is quite clear" SAYS Judge
Ward. chat the ordinary citizen called
upon 10 testify ia the strange cnvi-
Comment of the grand jury room under
fhe interrogation of the United states
attorney. will b. quito unable to ass
ssu his rights, even III be knows what
ihey are He ought to have an OPP
aorturitv to consult and be advised Of
Inc constitutionalty Of his right TO re-
frso TO testify and OF the way in
which to protect himself against Civ
ug testimony that might incriminate
hm
"It IS not a question OF the nature
of hc particular subject now under
consideration by the grand jury. but
the question Is TO determine the piac-
Disc a. be- followed in this district IN
an cases. By an United states at
torneys and grand iuries. a matter con-
cededly 81 the utmost moment"
United states Dist. Atty. Henry T.
sums0n while admitting that the de-
dsion upsets "a practise current since
lN2 Is confident that II does not open
ths door % review Of federal cases al
ready adiudicated.
r0day's decision also affects the va
Gtty Of a subpoena "duces tecum,
served upon the secretary OF the Press
Publishing company and calling on
hm % produce the books, records and
receipts of the World for examination
By The federal grand jury
judge Ward held that the subpoena
in question might amount TO an un-
reasonable search OF seizure within the
fourth amendment Of the Constitution"
and granted the motion 20 quash and
set IL aside, together with the others.