The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-04-20

don MADE anOtner assault Oh STdnu
jury notes this morning in Judge
Hunekes court. Frank Graves,
Frank T. Post and Potter G. Sulli-
van were present but the absence
from the city of Prosecutor Fred
Pugh, who returned later in the
morning, prevented the Gordon
lawyers from executing whatever
maneuver they had planned. The
hearing was deferred until
o'clock in order to permit the
states attorneys to confer with
their chief.
The ball was set in motion by
Judge Huneke asking that the
grand jury be brought before him.
On the appearance of the grand
Jury in the courtroom Judge Hun
exc stated that the word had again
come to him that the evidence be-
fore the grand jury was being
taken in shorthand by Deputy
Prosecutor Pelletier, an that the
shorthand notes so taken were be-
ing transcribed on the typewriter,
and that the notes had passed out
of the grand jury's hands.
Foreman Ben Davis OF the grand
Jury said that Deputy Prosecutor
Pelletier was taking these notes
under the order of the grand jury,
as permitted by the court in one
of it's most recent instructions to
the grand jury, and that the notes
were In the custody of l. b.
Schoen, who had succeeded Mr..
Bigelow as clerk.
The court seemed not fully salts
fed with this assurance on the
part of Mr.. Davis and Intercepted
Mr.. Schoen, the clerk. Schoen like
wise insisted that the notes were
entirely in his custody, and had
never lef this hands, except to
have them Transcribed on the type
writer by Mr.. Pelletier.
Attorney Frank Graves of coun-
sci for Judge Gordon seemed to
question Schoen's statement and
asked Judge Huneke to call Dep
uty Pelletier to the stand.
Chief Deputy Prosecutor d. F..
Kizer objected to this proceeding
on the ground that he would like
to consult Prosecutor Pugh before
Peletier gave testimony, and after
some wrangling the hearing ad-
journed until p. m.
A conference of the attorneys
for Judge Gordon then followed in
the lawyers room in the rear of
Judge Huneke's courtroom, from
which they emerged with their
faces wreathed in smiles and evil
IDENTITY in good humor over the sit
uation as they saw 1t.
Little by little are the fangs of
the Spokane county grand jury be-
ing removed through the always
successful efforts of the ever in
creasing array of legal talent re-
tanned by Judge M. j. Gordon and
the Great Northern railway. If
the present course continues the
grand jury after awhile will be a
perfectly harmless institution.
The most recent ruling of Judge
Huneke touches on the use of that
time honored institution, the sub.
poena duces tecum or order COM
polling a witness to bring with him
to. the grand jury room certain
books and AYERS called for in the
subpoena. Under the order of
Judge Huneke the right of the
Great Northern to refuse to bring
such papers into court is recog.
nized. and to secure the presenta.
ton of such papers before the
grand jury the approval of the at
torneys OF the Great Northern and
later of the court must be secured.
On this holding Judge Huneko
ordered that Judge F. V. Brown,
general western counsel of the
Great ,.cNorthern, be discharged
from the contempt proceedings.
The ruling on the subpoena
duces tecum Is the most important
Ntatnrv Nnf attatrnI kxy thA C,~n,