The Birmingham age-herald., 1924-04-08
MOBILE MAYOR WON'T TESTIFY
 IN LIQUOR CASE Judge Upholds Refusal On Grounds Question
 Too General MISTRIAL RESULTS
 IN KEARNS CASE 300 Citizens Summoned To Appear Before Fed
 eral Grand Jury
lSpeciaI .I1eased Wirel

wOolLGs <1lhs, Apih ts-LtCIuoul Oi R. V. Taylor, mayor of Mobile, and LeBaron Lyons, banker and we'll. known business man, to tell the fed eral grand jury today whether they had purchased any intoxicating liquors in this county within the last year. led to ruling of Judge Robert T. Erwin that witnesses summoned before the in quisitorial body should not be com. pelled to answer questions of such gen eral scope, but should reply if asked regarding particular individuals or places.
 Judge Ervin's opinion was announced at the conclusion of extensive argument on the proposition by Hugo l.. Black and N. E. Stallworth, special assistant attorney general, and David B. Goode and James H. Webb, lawyers represent. ing the witnesses. Mayor Taylor and Lyons were among the large number of well known citizens subpoenaed to appear before the extra session of the grand jury in United States district court. The grand jury was organized at noon yesterday.
 Held discriminating
 On the ground their constitutional rights were being invaded, Taylor and Lyons refused to answer questions pro- pounded before the federal jury as to whether or not they had bought any intoxicating liquors in Mobile during the past F months. The refusal of the two witnesses to testify became public when the grand jury sent a re- port of the occurrence to Judge Robert T. Erwin of the federal court asking instructions as how to proceed with further interrogation of the witnesses.
 In reporting the matter to Judge Erwin, the grand jury statement says the witnesses contended it invaded their constitutional rights and the grand jury. herewith reports this con- duct on their part to this honorable court for such action as the court may deem best and proper"
 The two witnesses were among a total of 79 prominent business men summoned before the grand jury. It is understood the subpoenaes have been issued for 300 to appear during the time the grand jury is in session, the inQuisitorial body having been impan- elled this morning.
 Grand Jury Reports
 The report of the grand jury to the coart was as follows ::z5 1''' s ',-s "
 '4Your grand jury now impanelled and acting, reports that the Hon. R. V. Taylor and Mir. LeBaron Lyons, being separately and severally called and sworn as witnesses, and being sepa- rately interrOgated before this grand jury duly assembled, concerning viola tions of the prohibition act, and being asked whether or not they have bought any intoxicating whiskey, intoxicating beer, or intoxicating beverages within Mobile county during the past 12 months, have declined to answer the questions on the ground that it invades their constitutional rights and the grand jury herewith reports this conduct on their part to this honorable court for such action as the court may deem best and proper"
 Seventy eight prominent business and professional men of Mobile came into the federal court at noon today under the subpoena to appear before the United States grand jury which was impanelled at that time. 1t is under- stood that the men were subpoenaed as witnesses in connection with an investi- gation of the grand jury of the alleged sale of liquor in this city, c. W. Hampstead was appointed foreman of the grnad jury.
 Hargett In City
 Judge A. W. Hargett, chief of the federal prohibition agents in Alabama, and Walter K. McAdory, state chief enforcement law officer, arrived in the city today. They held conference with the federal prohibition forces here.
 Judge Hargett has a charge pending against him at the present time of en- tering home without a warrant. The warrant was issued at Mobile. and charges that the chief of the United States prohibition forces in the state entered the Hartley home, near Sat suma, Mobile county, during the Mardi Gras preiod without warrant.