The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-03-25

Action Of the + deral: Court
Judge is Pronounced to
Be Startling.

ERIE, Pa, March Following an
incident declared to be without pre-
cedent in Federal Court practice. an
attack on grand jury presentment
by the Court, Josiah v. Thompson. OF
Uniontown, former millionaire specu.
lator in coal and coke lands, was in
dicted here yesterday afternoon by the
Federal Grand Jury for alleged en-
bezzlfng Of funds of the First National
Bank OF uniontown, Of which he was.
president. W.
The Indictment, containing 80
counts and believed to represent the
Governments real case against the
former Untontown Croesus, is the sec.
ond returned against him in connec.
ton with the alleged bank-wreckins,
The November grand judy returned
an indictment OF II counts against
Thompson, under which he furnished
bail in $1,000 for trial at the May
term OF court in Pittsburgh.
Besides the embezzlement charge,
entirely new, the Indictment charges
wilrul Incorporation and the abb
stracting OF thousands of dollars in
funds OF the bank while Thompson
was president.
The earlier indictment merely cited
instances OF false certitcations- and
entries, purely technical violations.
The Federal grand jury, ready to
bring in the indictment earl" yes
tertlay morning, did not do so. how
ever, antil a half hour after the reg
ular time for adjourning court, as the
result Of the stand taken by. United
States Judge Charles P. Orr, and Gre
atfng a furore in the courtroom at
the morning session.
Judge Orr said he doubted the le-
gality OF the presentment. and reserv-
ed the right 10 Quash the Indictment
when it was presented.
That the Indictment material for
which the Government agents have
been gathering for months, and which
contains the meat" OF the case
against Banker Thompson, may yet
be quashed by Judge Orr was a posi-
bility Government men are figuring
on. 2
The Court made its, statement when
the grand jury, coming into court at
1915 yesterday, handed up the pre-
sentiment through Foreman George L.
Dawson, of Uniontown, and though the
grand Jurors were then ready to re-
turn the indicemen Judge Orr's re.
marks apparently confused some. and
they again appeared in court at 8
o'clock for Instructions, and did not
come in with the indictment until
400 o'clock. ..
United States Attorney E. Lowry
Humes was on his feet In an instant
as Judge Orr finished speaking. This
new presentment he declared COW
ers matters embezzlements Y and cab
straction-whlch was not even men
toned in the previous, presentment
at Pittsburgh" The jurors appeared
confused as they filed out amid a hub.
bub in the court room.
II happened that one OF those In
the court room hearing the Courts
remarks was .eX-Representative Reu-
ben o. Moon, of Philadelphia, ,for4
mer chairman of the Judiciary conf
mtttee OF the House of Representa-
tives, and as such known, according
to lawyers here, as 1.-THE Father OF
the Revised Federal Statutes" under
which the district court operates.
"1t is an amazing procedure, Y Mr..
Moon confided TO lawyers later In the
offices of the District Attorney. He
talked freely in the presence Of a half
dozen or more listeners, nut all whom
were lawyers. A grand jury. Mr.. Moon
declared may bring in preseptments
with or without the consent Of the
Court. One word he used referring to
Judge orr's remarks was startling
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!. as an ot,,,a Gov, IT., ana +t,H