The New York herald., 1922-11-22
Judge Foster Resents Publica-
ton of Letter to Mellon De-
nouncing Day.
IGNORED COURT ORDERS
Indictments Expected in Liq-
uOr Cases Before Federal
Body Retires.

Declaring that any indictments re-
turned by them would be tinctured
at least with the suspicion of preju-
dice" Judge Rufus Foster in United
States District Court yesterday dis
missed the September Grand Jury.
Dismissal OF the Grand Jury, which
for seven weeks has been investigating
alleged frauds In the conduct of the
Federal Prohibition Enforcement De-
partment, resulted from the publica-
ton in morning newspapers of No
vember Is of letter written by the
Grand Jury to Judge Foster on Octo-
Der 27 and subsequently mailed to An
drew w. Mellon, Secretary of the
Treasury.
The letter. signed by W. de Saussure
Trenholm. foreman of the Grand fury.
charged that the work OF the prohibi-
tion enforcement department under
Ralph A. Day and John s. Parsons.
chief State enforcement officer. had
been conducted in an inefficient and
disgraceful manner" The removal from
Office of Mr. Day and Mr.. Parsons be-
fore their designations could become
effective. was suggested in the letter.
In denunciation of the Grand Jury
In giving out the letter Judge Foster
asserted that by saying this letter
was delayed in transmission by refer
ence and innuendo you cast that re-
- hi
II was not delayed in transmission and
you all know it."
More Indictments Coming.
Judge Foster on October 81 had de-
clined to divulge the contents of the
letter. II was privileged matter, he
said. He ordered a copy sent to Mr..
Mellon and the original sealed and
seluestered."
A number of indictments will be re-
turned by the Grand Jury before 1t
retires, according TO John Holley Clark,
Jr.. Assistant United States Attorney.
Asking that Judge Foster delay his
dismissal order until Thursday. Mr..
Clark explained that ''in the course of
the inquiry indictments have. been voted.
but the filing OF the bills has been de-
layed through clerical work necessary
In their drafting"
Judge Fosters action. which sets "a
precedent for Federal courts in New
York state. viii cause only slight
delay in the inquiry into liquor fraud
cases. according to William Hayward,
United States Attorney, FOR the reasons
that all unfinished matters Will be
turned over by Mr.. Clark to the Novem-
Der Grand Jury"
In addressing the jury. Judge Foster
said:
"Of course. IL no member OF the jury
was aware of the fact that I had
ordered the communication sealed and
sequestered. that perhaps would acquit
you Of any Intentional contempt. but
YOU will remember that when I charged
this fury told you that your sole duty
consisted In inquiring as TO probable
violations OF laws of the United states
and that finding that your duty was to
indict; that you we're not permitted TO
make report of your Investigations
and. Furthermore, you were sworn to
keep secret the proceedings In the
Grand Jury room.
"UsefuIness Has Ceased"
You we're told that you would
necessarily hear only one side OF the
case and that the reason you could do
nothing but indict was because other
wise the man would not have his day In
court 70 face a petit jury.
Now. gentlemen. you have been some
seven weeks lmpaneied as a Grand
Jury and IL seems 10 me that with the
publication. with your disclosures of
proceedings that have taken place be-
fore you. IN violation of your oath or
office that has necessarily been incurred
In that publication. that your useful
ness az Grand Jury of this court has
ceased"