The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-01-12

torney ingalls, presented the argument
for the defense. Hitherto the case had
been rolling rapidly down prosecution
way, gathering momentum as it passed
on its relentless course, and the turn
of the tide held the court room SPELL
bound.
/ call your attention" said Attorney
ingalls,, ito statute which is fairly
new. 1t has been passed in substance
by Congress, passed by our state leg
islature and passed upon by the su-
preme court of the United States. It
provides that no witness shall be ex-
cused from testifying in civil or
state action on the ground that his
testimony may expose him to prosecu-
ton, but that no person shall be prose
cuted on account of any matter con-
corning which he may testify, except
for perjury.
"This is very drastic statute. I'm
der the constitution person cannot
be compelled to give testimony against
himself, but it was found a matter of
public policy that persons should be
required to give testimony, and this
statute was drafted as result. Yet
the constitutional protection was
thrown about the person testifying
just the same.
"This constitutional protection is
something the defendant cannot waive.
The person cannot waive immunity. It
does not lie in the power of the indi-
vidual himself to waive that.
Fisher Gave Up His Little-All.
b. Peter Fisher. Jr., has given up ev-
Eerything when he came into this court
room before the grand jury and gave
testimony. He has given up every
thing he had, and surrendered himself
to censure and the uproar of public
opinion
Whether he knew his rights is un-
important. 1t does not matter wheth-
er he were subpoened, whether he were
requested to appear before the grand
jury or whether he happened to be in
the room at the time. He was wit
ness, and the statute expressly says
that IF he were witness he shall not
be prosecuted or subjected to penalty
except for prosecution
The section quoted by Ingalls, reads
partly as follows:
Section 4078. No witness or party
in an action brought upon the bond
OF a public officer or in an action by
the state shall be0excused from testi
flying on the igroundsthats the estimory
may expose him to prosecution
but no person shall be prosecuted or
subjected to any penalty or forfeiture
for, or on account of, any transaction
matter or thing concerning which he
may testify, or produce evidence, docu-
mentary or otherwise, excepting a
prosecution for perjury"
Quote the Law and the Prophets.
attorney Baker, in support of In
gals argumentwcited1 twoo Wisconsin
cases, a Murphy case, 1873 Wisconsin,
page 222, and the Rudolph case in the
same volume, and the Murphy case
again in 131 Wisconsin, page 426. At
torney Stewart was not behind hand,
and he in turn, cited "Rule in Case
Law Vol. 81, page GOT, section 8. The
sentence he lifted out of it was this |:
"The fact that the individual is will
ing to waive protection cannot AVAIL
=" Prosecutor label: an the Murphy
case, after lengthy discussion the
supreme court came to the conclusion
that section 4078 does not extend to
the defendant broader rights than are
guaranteed by the constitution. That
being true, he can waive his constitu-
tional rights. I call your Honor's at
tention to the case of Oborn VS.. the
State, lab Wisconsin, page 249, where
the supreme court expresslyahelds that
the defendant can waive all rights exs
cept that Of trial by jury in capital
case"
Stewart: "I don't want you to be
confused. He may waive his rights
where the individual only is concerned
but not if the public is concerned"
label: "The public is not asking
him to be discharged"
| Ingalls,: "The public is interested
in a proper construction Of this stat
4 ~$NAA dNN4 DAN LkN42Dl
seriously for the courts consideration
This is a case where the public is con-
cerned because it is matter of public
inquiry into acts of officials and other
! ill-doers and the statement made by
this defendant before the grand jury
was one in which the public was con-
cerned in broad sense. Through
his statements others have been
brought in against whom indictments
have been returned" m2h 21
/ The court took the matter under
consideration and ordered an adjourn
ment at five-thirty Thursday afternoon
until this morning. w. D. Martin,
foreman of the grand jury, was a state
witness Thursday afternoon, and testi-
fed on the matter of the statement
given by Fisher before the grand jury
his testimony being corroborative of
that of Mortimer Walker.
NO PROFITTERING HERE.