The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-10-14

cannot be controverted, suffice Mt
to show to this court that this de-
fendant was not protected in any of
his legal rights before the grand
jury.
One statutory ground for setting
aside an Indictment is that no per-
son other than the county attorney
and the witnesses, shall be present
before grand jury during the inves-
tigation Of a charge. The law
throws every safeguard around the
finding of an indictment that it
does around the subsequent steps in
the.prosecution of the person charged
with crime. In the first place, the
law provides that the sessions of a
grand jury shall be absolutely secret;
and that body of men is selected
from the citizens of the county, who
meet and are isolated from all other
surroundings that they may consider
the evidence adduced on the part
OF the state to determine whether a
man shall be placed on trial for a
crime or not. --s.>s..-s....
Now Fred Rhoda, the clerk of
this court, IS not a perjurer, and I
DO not believe that an affidavit from
every one of that grand jury would
be sufficient to overthrow the afi-
davlt of Fred Rhoda before this
court. He states that he was a
witness before the grand jury in this
proceeding. He states that when he
entered the grand jury room as a
witness Mr.. Loud was present, and
was present when he left, not only
on one occasion but on two occasions
of his being there. Now that in
itself is one statutory ground for
setting aside this indictment, without
going any further.
In the second place, if it please
the court, the court is in possession
of certain other facts which appear
in the ahidavits. The court is
cognizant of the fact that I was ex-
cluded from the grand jury room ~
By the Court: II beg your
pardon; was only aware of the fact
that you were not present."
| Mr.. McKusick: Your honor IS
aware of the fact that held N.Y.
self in readiness and was willing to
attend the sessions of the grand
jury"
The Court: but as to whether
they refused you admittance or that
they failed to call you I had no
definite knowledge"
Mr.. McKusick: Then. if it
please the court, I state now that
I was so excluded and, in my
opinion, your honor, that is another
very valuable right which this
defendant has been deprived of.
On more than one occasion before
the grand jury have I stopped
witnesses who were giving incompet-
ent testimony, and advised the grand
jury that they could receive nothing
but competent testimony. think it
is Alright of the defendant to be pro-
tected in that manner.
"Then, to lend color to the
statement of conspiracy made
in the moving afddavits, it has
been shown beyond any question
| or doubt that the worst enemy that
this defendant had on earth was
permitted to be present and take
part in the proceedings of the
grand jury in this matter.
CHOW, if it please the court,
all l have to say in conclusion is
that I deem it my duty as county
attorney of this county to unite
with the defendant here in asking
this court to set aside these indict-
ments upon the ground that the
moving amdav1ts show that every
constitutional right which this
defendant had has been invaded
by the grand jury; that it all
amounts to jobbery' and not to
the finding of an indictment IN
accordance with law.
And I further state that in the
event this motion is denied, I shall
move the court to nolle PROSE- every
indictment here, and that I will
not prosecute either one of those
cases unless I am ordered by the
court to do so; that if prosecution
aps ,,oc ,,~oc +hoco ipI;c+oooo%, ~.