Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-02-16
FEDERAL JURY
BEGINS SLUSH
FUND INQUIRY
President of Brewers Asso-
. citation First Witness
Called
SEARCH FOR MULVIHILL

PITTSBURGH, Feb 16.-United States
| District Attorney T.. Lowry Humes forced
| the issue in the Federal Grand Jury probe
| at noon today. when after an appeal was
| taken by the brewers to the United states
| Circuit Court of Appeals from the de-
| cisiOn of the district court, he summoned
| the first subpoenaed witness before the
Grand Jury and launched the Govern
ment's inquiry.
Charles T.. Kischlcr. eX-Mayor OF old
Allegheny and president of the Brewers
Association of Western Pennsylvania,
was taken into the Grand Jury room
few minutes after noon.
The Federal prosecutor will also call the
two other subpoenaed Pittsburghers'
Charles f. Fisher. treasurer, and b. A.
Mason. secretary of the Brewers Associa'
tion of Western Pennsylvania.
Deputy Marshals were out searching for
James p. Mulvihll, vice president Of the
Independent Brewing Company, an en-.
trely new witness.
The formal opening of the Grand Jury
inquiry capped the climax in morning
of exciting events.
Judge Joseph Burlington, just before
noon said he would endeavor to get his
colleagues together for "A meeting of the
United States Circuit Court OF Appeals
tomorrow morning at 10 o'clock in Phila-
delphia to hear arguments of counsel for
the brewery interests for an appeal from
the decision yesterday of Judge w. II. S.
Thomson in the United States District
Court.
Judge Burlington, however, refused to in
terfere to stop the Grand Jury probe pend
ing hearing of the appeal.
Attorney George Shaw, of Reed, Smith.
Shaw & Beal. at the brief session in Judge
Buhingtons chambers, first suggested to
IIumes that matters remain in status
quo" pending the result of the appeal
TTumes merely smiled.
Mr.. Shaw then renewed the effort before
Judge Burlington, and Humes strenu-
ously opposed it.
1.-The questions on which an appeal is
taken affect only a small part of the sub
poenas," said the Federal prosecutor, add
ing:
This is another move for delay. purely
and simply"
Judge Burlington declined to interfere.
In the brief argument to get the case
before Judge Burlington, who informed
the lawyers he would not attempt to act
before the matter came before the full
court, Prosecutor Humes insisted that
the points raised on Judge Thompson's
decision were not appealable. He made
just one citation, case In which the
Circuit Court, with Judge Burlington sit
ting had granted, he claimed, an appeal
ION all fours with this case" and was
reversed in the Supreme Court of the
United States.
He added that the Thomson decision,
an interlocutory order as such was not
appealable or subject to a writ.
Prosecutor Humes aroused Judge Buff
fingtons ire when, over vigorous protests
of Attorneys Shaw and S. =. Tull he
said that counsel for the brewers came
before Judge Burlington only afetr they
became convinced they could not induce
Judge Thomson to grant a writ of error
II that was the state of affairs, Judge
Burlington said he felt counsel owed him
an explanation, as he had been given to
understand counsel came before him at
the suggestion Of Judge Thomson.
I'VE are here at Judge ThOmson's sug-
gestion," Attorney Shaw insisted.
The United States Circuit Court of APP
peals, which will decide whether counsel
for brewery associations shall be grant
ed an appeal from the Governments
method in the Federal Grand Judy probe
of campaign contributions, is composed
of Judges Victor b. WoOlley. Joseph Buff
hngton an John B. Mcpherson.