San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-08-23
Defense Attorneys Say Nc
Askill's Office Uses Un-
fair Methods.
COURT DENIES MOTION
Prisoner Taken Before
Grand Jury Without
Counsel Being Notified.

Charges that unfair practice
amounting to intimidation" is re-
sorted to by the district attorneys
office in obtaining statements from
men held in the Bexar county Jail on
various charges were made by Charles
Matthews and Pat Kilday, attorneys
for Henry w. Beard, on trial in the
oath District Court Thursday morn
ing on an indictment charging him
with burglary with intent to commit
theft. Mr.. Kilday, in Directing to the
testimony of John Shook, assistant
district attorney in charge OF the
grand Jury, made the unqualified
charge that prisoners were being in
undated.
The state had called Mr.. Shook to
the stand to testify to statement al,
legged to have been made by Beard
when he was brought from the Bexar
county Jail and taken before the grand
jury. The jury was withdrawn at the
request of defense counsel ana M
Shook examined before the court. Inc
assistant district. attorney declared
that Beard had made statement be.
fore the grand jury, but that u hal
been made only after he had warned
Beard that he did not have to make
any statement and that any such
statement would be used against him
in the trial of his case. Beard then
voluntarily made his statement, Shook
said.
Says 1t Is "Unfair."
Defense counsel, in Directing to
the courts allowing Shocks testimony
to 20 before the jury, asserted that
Beard had been taken from jail
without his cour~el being notified
taken before the grand jury and
statement obtained from him.
"This is at least, an unfair prac-
tice.p Mr.. Matthews declared. The
witness is taken from Jail. without
his counsel being notified, he is sud-
denly confronted by the grand jury,
is probably excited and in the case
of a first offender does not Know
was to say or what not to say. Fer
haps an old time offender would know
what to do in such a case
objection Overruled.
Had the prisoners counsel been
notified and had he had an emporium
ity to consult with them, Mr.. Mat
thews insisted, it would not have
been so bad. This practice, Mr..
Matthews declared amounts almost to
intimidation.
Judge McCrory overruled the OBJ
lection of defense counsel. to when
n bill of exceptions was taken. Judge
McCrory ruled that the statutory
warning had been given by Assistant
District Attorney Shook and that the
evidence was admissible. =.
Shook testified in the presence OF
the Jury. that Beard had been brought
before the grand jury and after he
had been warned, admitted that he
was guilty of the charge against him
and wanted to "take his medicine like
a man."
Can't Prove His Habit.
A wrangle ensued upon cross ex.
animation when Pat Kilday inquired
of Assistant District Attorney Shook
if it was the habit of the district at
torney's office to bring prisoners from
the Jail. take them before the grand
jury and obtain statements from
them. Assistant District Attorney
w. 2. Mahaffey objected to this line
of cross examination and Judge Nc
Crory sustained the objection, hold
ing that the defense could prove
Just what the district attorney did
in such cases but not what was has
"habit."
The defense demanded that mem.
bers of the grand jury be subpoenaed
to testify in the case and Jack Kay
bould, n member of that body. was
placed on the stand shortly before