The Owosso times. (Owosso, Mich.) 1897-1926, 1918-11-08
JUSTICE GRANT ON
CASE OF NEWBERRY
WRITES DETROIT FREE PRESS
HIS VIEWS ON GRAND
JURY.
CANNOT DECEIVE VOTERS
"chesP Attempt TO Prejudice Case"
Eminent JurIst Says Of
Newspaper Tactics.

Former Supreme Court Justice
Claudius b. Grant wrote to the Detroit
Free Press the following letter which
the Free Press published in It's issue
OF October 10 on its editorial page,
under the heading Its Cheap Attempt
to Prejudice Case. Detroit Newspaper
Acts in Newberry Case Ahead of Con-
stituted Courts"
To the Editor: Four citizens of
Michigan have been summoned before
a federal court and grand jury In New
York city on charge that they have
committed crime against one of the
election laws Of Michigan. Three Of
them were summoned before the
grand jury to testify. They employed
Martin Littleton, a lawyer Of national
reputation, former distinguished
member Of the congress and a citizen
of the highest character, to advise
them as to their rights and to take the
proper legal steps to defend them.
He evidently advised them that the
court had no jurisdiction over them,
and under his advice they took the
first opportunity to test the jurisdic-
ton of the court. They refused to
testify, were committed for contempt
of court, were released on habeas
corpus and the case is thus on the
way to the supreme court to test the
question of Jurisdiction.
An editorial last evening in De-
troit evening paper stated that 1t Is
"inescapable that the people will as
sumo that this refusal to testify Is
evidence Of their guilt"
No man of intelligence, reason and
common sense who understands the
situation will draw any such con-
clusion. When q citizen Is brought
into court either on q civil or crimi-
nal process he has the constitutional
right to be heard and tried before
court which clearly has jurisdiction
of his case. He has the legal right
to take the first opportunity and the
speediest method to determine tho
Jurisdiction of the court and 1t Is I'M
fair and unjust to charge that one In
the exercise of a legal and constitu-
tional right is thereby admitting his
guilt.
When Governor Pingree bitterly as
sailed in the newspapers the presid-
ing Judge Of Ingham county for his
conduct at the trial of the thieves who
defrauded the government under his
administration, and whom he par
doned as fast as they were convicted,
and he was summoned into court to
answer to charge of contempt, he
denied the jurisdiction Of the court
and petitioned the supreme court for
the writ Of prohibition to restrain the
circuit court from hearing the case.
Did this newspaper then condemn Mr..
Pingree for not going before the court
and defending himself from the charge
against himH
The law reports are full Of cases
where preliminary steps have been
taken to determine the Jurisdiction
of the courts before trial.
Legally, as everyone knows, the ac-
ton of these citizens has no tendency
whatever to show guilt 1t Is certain
ly a novel rule of ethics and fair play
to say that the people Of Michigan
are justified in believing these men
guilty of "boodling" because they have
in a legal manner questioned the juris-
diction of the court before whom they
are arraigned.
Instead of deserving censure these
citizens are to be commended by all
lovers Of fair play for the course they
have taken. The courts of Michigan
are open to the enemies of Mr.. New
berry. Why have they not there en-
tered their complaints and asked for
an investigation II they believed that
he or the managers of his campaign
have violated law of the state? Are
not these men under our constitution
entitled to trial in this state and In
the county where the offense is
charged to have been committed? Why
should these men be taken from their
homes in Michigan to a court in an
other state hundreds of miles distant
and presided over by Judge from
still another state?
II is q fair conclusion that this en-
tire scheme is a cheap attempt to In.
jure the candidacy of Mr.. Newberry
for the United States senate. It is too
thinly yelled to deceive even the most
ignorant voter.
On what is the Jurisdiction OF the
court in New York based? have not
seen or heard any explanation.
G. B. GRANT.