The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1923-11-30

grand jury, through the Judge, r
The grand jury met all morning,
but heard no witnesses. Nichols com
ing out Of the room at 11:3O to con-
fer again with Collins.
McCray spent most Of the morning
in Noel's office, oil Lemcke build
ing.
Collins conferred with Nichols today
after which he issued this statement
Under our grand jury system nc
person under investigation for offeDses
against the criminal code is permitted
to appear before the grand jury. This
has always been the rule IN this coun-
try in both the State and Federal
courts. Grand jurors under their
oaths have no right to reveal TO any
one outside Of the grand jury room
what occurs IN the grand jury room or
the results OF their deliberations. No
person who has not been summoned
by the grand jury has any right to
approach the grand jury or any mem
Der thereof. IN the grand jury room
or out of the grand jury room, re-
garding any matter under investiga-
ton by them, either orally or by writ
ing.
Would Mean Secret Trial
'Such a practice would mean the
transferring OF the trial Of the case
to the grand jury room and there in
secret try that which should be tried
in open court by a petit jury. AS
- r1I1 ~
a Judge Of the United States District
Court, I can conceive of no more ef
fective way to dlscredit the grand jury
as an institution than to confer upon
It the power to determine the ques
tIons of fact as a trial jury
Under the law Warren T. McCray
could not appear before the grand jury
as a matter Of right. No one knew
this better than his counsel, James
W. Noel.
''Mr. Noel, on behalf Of his client
Warren T. McCray, requested that q
grand jury investigation be made OF
the Governors affairs. William P
Evans, the prosecuting attorney for
the Nineteenth Judicial Circuit, Joined
in this request and asked the court tc
appoint a special prosecuting attor
ney. Following this request Mr
Charles w. Moores was appointed, but
owing to Illness which overlook him
shortly after starting the investlga
ton, he was unable to proceed and al
his request Mr.. Clarence W. Nichols
was appointed his deputy to continue
the work Of the investigation. Mr.
Nichols has worked diligently and
faithfully to bring to the attention OF
the grand jurors all evidence relating
10 matters over which the court
would have jurisdiction.
Complaint 'UnfOunded'
While the court has no knowledge
of information of the scope Of this in
curry, it IS impossible to undertand
upon what theory Warren T. Nc
Cray could learn that his rights are
being trample1 on, or wherein he Is
justified in saying. 1t is contrary e
the spirit Of America for an indict
ment to be returned against a man
without giving him an opportunity
to appear in his own behalf If he Sc
desires
LAS he well said. We are living in
enlightened America and not in dark
est Russia and in America an indict
ment is a formal complaint presented
on behalf Of the commonwealth and
upon which there can be no convio
ton until after a hearing In open
court before twelve good and true
citizens. In America the law presumes
a defendant 10 be innocent of the com
mission of any crime, and this pre-
sumption continues in his favor
throughout the trial of the cause. ster
BY step. until his guilt has been es
tablished, by evidence to the satisfac
tion Of each juror beyond a reason
ablo doubt
THE burden rests upon the State e
prove every material averment In the
indictment and every fact necessary
to constitute the offense charged. The
rule of law which clothes every per.
son accused Of crime with the pre-
sumption Of innocence and imposes
upon the State the burden of estab-
fishing him guilty beyond a reason.
able doubt is not intended to aid any.
, one who is in fact actually guilty OF
crime TO escape from Just and merited
( punishment, but Is a humane provi
sion Of law, which Is intended, so far
as human agencies can, to guard
rac-fr-* tfo ff---.--.- - .4rr-- s-pc@Au<