The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-02-29
FEDERAL JURYMEN
UPHOLD MARSHALL
Tell Congress Committee They
Indicted Buchanan on
Evidence Only.
VOTED on NJ IN LIST

The members 81 the Subcommittee of
the Committee on Judiciary OF the House
Of Representatives which Is taking testi-
inony in the impeachment proceedings
against NJ. Snowden Marshall, United
States Attorney for the Southern Dis
trict Of New York, strove yesterday to
md out just how it happened that an
Indictment was found against Congress
man Frank buchanan soon after he had
made charges against Mr.. Marshali's
conduct Of HE office.
Tho ieai ings have been shifted from
Washington TO the Federal Building here
n VIII he held openly instead OF be-
him closed doors. as thcy were in the
Capitol. Men who were on the Grand
Jury that indicted Buchanan and seven
others for conspiracy to restrain the out
put Of munitions were questioned as to
the events that led directly to the in
dictmcnts.
One Of IN" Grand Jurors. Joel -. Bar
Der. an architect. told the committee that
they voted on , list of names handed TO
them 10y the United States Attorney, and
that the list did not contain all the names
of the officers In f.abor's National Peace
Council. of which Buchanan was presi-
dcnt. IT tho names werh not on the list
they were not in the indictment. he said.
Voted on Lis, Of Names.
AS "A matter of fact you voed yener-
ally on all the names in n bunch, didn't
your
Eyes said Mr.. Barber.
The whole trend Ut the Questions was
an attempt to bring out that Buchsnan's
name had been slipped in after the i'm
peachment proceedings were started. al
though the Grand Jury Investigation had
been going on for two months. When
II came down to this point. however. the
jurymen maintained that they had in
dicted buchanan only because the evil
dencc Testified such action.
rs II not true Aldrich J. Dale. fore
man or the jury was asked. that the
proceedings OF the Grand Jury had halted
and that the threat Of impeachment had
the effect of hurrying this Indictment"
NO. SIR that Is not So" he answered.
Dale said BuchaHan's name had been
Drought into the German plot inquiry
socn after II began. He said thai Mr..
marshall had been absolutely fair and
had not been Influenced In any way by
news of IN" attack made on him by Con-
gresham buchanan.
Frederick NJ. stevens. another u.ml.
or the jury. said that they had voted
on IN" uain"s IN . bunch and no, sop
~aratel>. When asked IL some of the
other offices OF Labor's National Peace
council would have been indicted II
their names had been handed in by the
District Attorney stevens said he really
ouldn say AT 10. that
Wouid stand by bath.
Tho committee struck d sna. when
Il came 10 Arthur Wade of 81 Liberty
street, another member 90 tile jury.
Wade wanted to know II he could testify
10 what went Oh in the Grand Jury
room despite his oath not to do So, and
Chairman Cs'liu told him tina, he could
he compelled 20 answer anything the com.
nittec wished answered. lie capitu-
lated. with the prov.so that he w:ts not
TO divulgc any of The evidence.
Wade was the oAly one WHO seemed
to remember clearly what had taken
place. lie said that \ssistsn, United
states Attorney Sariity had reviewed
the evidence and thai NJ. Marsnall had
read them tho law. >arfaty was tho one.
he said. who asked the Indictment of
men whose names he reai from \ lat.
You recall whcth>r all were in
dicted?'
They we're"
did yon vote on them as > who.s OF
separately
As "A whole
"Was II ever told 20 sou that Blu
chaian had preferred charges against
Marshall and that therefore Buchanan
should be included in the list of those
indicted
NO
Were YOU not largely guided 10y the
District Attorney in selecting the
Names
Yes. naturally. because We had the
evidence regarding those men
Suppose | was a member OF Congress
and spoke outside against munition maxi
ing. would YOU consider that evidence OF
= Npyttr..t. p' Nl"al. ,,.a, nSl,.,l
Yes. If | heard the evidence against
you that / heard against Buchanan" he
replied.
Now supposing John Smith. a benev-
client gentleman. ave me 5000 to go
out and speak for "A peace society ana
! talked TO labor organizations agains,
munition making"
do You mean speaking for strikes, TO
blow M plants retorted Wade.
ANSWER the question said Kepresen-
tativc tar!in suppose I made speeches
here in Sew York against shipment OF
munitions
Where Guilt Came In.
III you did not know what the $4,000
vas ior you would not he guilty" said
Wade. "but II YOU knew that 1t was for
inciting to riot you would he guilty"
III l made speeches urging strikes
would l be guilty."
Eyes, that's my opinion. Am ] right
or wrong? | don't know" said Wade.
William Witherell, another juryman,
SAID that Buchanan would have been in
dicted even II his name had not been on
the list because OF the evidence against
him.
The subcommittee. which is composed
OF Representatives Charles &. Carlin Of
Virginia, Warren Gard of Ohio and John
NJ. Nelson OF Wisconsin, expect to spend
O. week in this city hearing witnesses
whose testimony will bear on the forty
odd charges made against Marshall by
Congressman Buchanan.
Tit chaigoe are divided into four
groups NEUTRALITY-SUSPICIOUS. in office In re-
fusing tn prosecute in the tobacco trust
ami Rock Island Railroad cases Mr..
Narshalls conduct in the Rae Tanzer-
James w. osborne case bringing Judges
TO this district who would be favorable
TO his side and the manner Of securing
an indictment against Buchanan. The
committee ~ chiefly interested. however,
In the Buchanan indictment.
u am satisfied with tho progress so
fnr made" sad Mr.. Buchanan yester-
dav. ".Any man would lie lucky tn escape
Indictment under the plan of procedure
uursued m TINS ease, especially IL he had
the III win OF the fellow who controlled
the machinery"
The hearing goes on to-day,