The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-02-23
POSITION RESRNTS
JURY'S STRUCTURES
Declares Findings We're Tn
warranted and False.
DISORDER ON THE LATE CARS
In Letter to The Washington Herald
ASSaiIs Report and Says that His
Charges Against Management Re-
main DiHprOved-QuestiOnE Facts
Set Forth In Presentment.


Since you have published in your issue
Of The Washington Herald Of the 18th
inst. the findings Of the special grand
jury sitting at Alexandria Court House
Virginia, for the purpose Of investigating,
among other things. charges Of unre-
strained misconduct on the cars OF the
Washington. Arlington and Falls Church
Railway Company. n which report was
made an unwarranted and UntruthfUl per
sonal attack upon ne. 7 presume you viii
allow me the privilege OF defending myself
through the columns Of The Herald
The statute Of Virginia prescribing and
limiting the powers Of a grand jury (gen-
eraI or specisD is as follows:
Section ss3. code Of Virginia: The
grand jury shall inquire OF and present
all felonies. mlsdemeanors, and violations
Of the penal laws committed within the
jurisdiction Of the respective courts
wherein they are sworn; except that no
( presentmeat shall he made Of the matter
: for which there Is no corporal punishment
but only a fine. where the fine is limited
/ 70 an amount not exceeding 8
]
/ Il will be seen. therefore. that the grand
( Jury vas not only unwarTanted II law in
i1S findings. but its procedure, in turn
Ing its batteries upon me. I believe IN
precedented in the history OF the courts
Of the State Of Virginia
In the case OF Eastman vs.. Holt as "
Va 5sg. the court held that the accused
had no right to appear or send witnesses
before the grand jury; that the grand
Jury has only 70 say upon the testimony
Of the state whether or not the accuse
j non Is well made In the hearing al
Alexandria Court House last week not
only did the railway company bring Wit
nesses 20 discredit the testimony Of the
prosecuting witnesses. but the officials
and many employees Of the railway com
pany appeared themselves, apparently. Z
defeat the ends sought 70 be accomplished
by the prosecuting witnesses.
am advised that these witnesses were
called by the grand jury and testified il
direct violation OF the statute referred q
above, and the law as laid down in tbs
ruling just cited.
Form of Afndaxifs.
The charges made by me were agsins
the Washington, Arlington and Fails
/ Church Railway, and not against Alex
andria County; we're in the form Of al
affidavit accompanied by five other aff
davits from patrons OF the line: wer,
!, made solely in the interest Of law an,
order, and entirely without personal feel
, ing (which is more than can be said O.
the grand jury report. and for the pur
pose Of correcting by means OF publicit!
and through the court an evil condition
which the officials Of the line refused [,
correct, and against which the prosecut
ing attorney took no action, for reason
best known TO himself
The special jury which made this inves
tigation was composed almost, II not en-
tirely, OF real estate operators and mel
interested in the sale OF properly alonl
the line Of the railway. at least two o
whom hold passes on the electric railway
One OF the jurymen expressed to ne per
sonaily his objection to exposing sue
conditions. on the ground that il wOuI
hurt his business: and another stating L
me that he would not permit his wife O
daughter to patrOnize the late cars. iron
which It appears that he has one opinion
as a private citizen and another as
juryman and real estate operator.
Were these men competent 10 serv
upon a jury for the purpose Of investigat
ing these charges which, II sustained, &C
] cording TO their expressed beliefs. woul
injure their private business interests
Their report IS so incorporate so fun O
personal feeling and animosity. and the
, went so far out Of their way 70 attac
me personally, wholly unwarranted b
, the facts in the case, as 10 completed
, overstep their limitations as jurymen an
as gentlemen. and TO forfeit the respec
, and confidence Of all faiT-minded peopl
! cOnveTsant with the true situation.
"WhO Wrote Their RepOrts"
z Did some OF these jurymen hold lon
; and earnest conversation with officials Q
! the electric company Just before the in
vestigstion, and were these charges dis
cussed? Who wrote their report2 The
E suddenly developed a command OF lar
r gHage. good English, and literary abilit
I surprising 10 their acquaintance and fol-
mer fTierds. II is astonishing what late1
= talent they have shown under stress G
personal feeling. and astounding 20 VIVA
Q lengths some men viii go TO protect thei
{ private interests. Il could not have bee
Z la better real estate and railroad adveI