Evening star., 1930-05-05
GRAND Jury QUIZ
CALLED OUTRAGE
Attorney Welsh, for Rockville
Editors, Flags Commission
ers, Lee and Whiteford.
,y a Stan Correspondent of The Star,

BY a Stan Correspondent Of The Star.
ROCKVILLE, Md, May 5.-Severely
fiaying the procedure before the Mont
gomery County grand jury which re-
suited in the return of criminal libel
indictments against the present editor
and three former editors Of the Rock
vile Independent, F. Barnard Welsh
defense counsel, in the Circuit Court
here today delivered a vitriolic attack
on those who initiated the proceedings
Mr.. Welsh particularly attacked the
proposal to employ Roger Whiteford,
prominent Washington attorney, as
associate counsel for States Attorney
Robert Peter, jr., In the handling Of the
cases.
Defense Counsel Welsh charged that
the county commissioners, E. Brooke
Lee and Whiteford, had perpetrated
such an outrage on the court as in the
history of the commonwealth of Mary
land had never been equaled. The whole
proceeding, he contended, savored OF
contempt of court.
Three Judges Confer.
Following argument by States At
torney Peter and rebuttal by Sol
Praeger of Cumberland, associate coun-
sci for the defense, the three judges
sitting on the bench held a lengthy
Chief Judge Hammond Urner OF
Frederick said that decision would be
deferred, and indicated that as con-
tempt charges had been intimated
they would be heard In connection with
the arguments on the States demurrer
to the pleas in abatement which had
been filed by the defendants. However
when the court announced that 1t was
ready to hear the States answer to
Mr.. Welsh's charge, Mr.. Peter asked
that Mr.. Whiteford be heard. Mr.. Welsh
Immediately interposed objection, anc
the court indicated at that time that
1t would not, at this stage, hear Mr.
Whiteford.
The particular cases which are be-
fore the court today are three indict-
ments against Walter s. Casey, the
present managing editor Of the Rock
French, a former editor.
There are pending before the court
indictments against Walter w. Liggett
and Morris S. Bealle, former editors OF
the paper. These two men have not
yet been taken into custody Of the
court on the bench warrants which
were issued Immediately following the
return Of the indictments.
Arguments Of Morning.
The morning session of the court was
given over almost entirely to the argu-
ments on the objection to the appoint
ment Of Mr.. Whiteford as assistant to
the States attorney. Mr.. Welsh pointed
out that while 1t was discretionary with
the court as to whether it would per-
NIT the employment of the Washington
attorney, he added that it is such a
sound discretion that its abuse would
entitle the defendants to have 1t re-
viewed.
Attorney Welsh told the court that
articles In the Independent were
marked by a Capt. Joseph Cissel, counsel
to the Montgomery County commits
sionerS. showing what was considered
libelous. He said the grand jury was
told dozen times by the officials who
appeared before it as to what its duty
was. He then cited a Massachusetts,
case in which it was held to be a con-
tempt of court for a man to write a
letter to the grand jury asking that he
be allowed to appear as a witness in
an investigation which was then being
conducted by that inquisitorial body.
He charged that the whole proceed
ney Whitford. He said that "Mr.
Whiteford's program" did not involve
the seeking of an invitation to appear
before the grand jury or a process of
the court, but that the officials
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