Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-06
LEE FACTION LOSES
FIRST LEGAL CLASH
Secrecy of Grand Jury Held
InvioIabIe by Court in
Editors Cases.
BY WILLIAM J. WHEATLEY,
Stan Correspondent Of The star.

ROCKVILLE, Mo, May o.-Unuer
the incessant, hammering fire of
laundering and piercing oratorical bar
rage that shook the rafters of the
Criminal Court room here, the Demo-
cratic organization forces of Montgom-
cry County, headed by E. Brooke Lee,
went down to defeat yesterday in the
first skirmish in the legal battle initi-
ated by them to stop what they claimed
we're unwarranted and untrue attacks
on the county officials by the Montgom-
cry Independent, weekly paper pub
lished here and sponsored by the So
called anti-wing of the party.
At the conclusion of the verbal pound
ing delivered by a great array OF coun-
sci, there came the judicial pronounce
ment which left no uncertainty as to
the inviolate secrecy with which the
grand iury is surrounded in the State
of Maryland, and the whole procedure
of the officials appearing before the
inol,isitorial body was characterized IN
the opinion of the court, delivered by
Chief Judge Hammond Urner OF Fred
efick, as "unquestionably irregular ana
unusual"
First Clash in Open Court.
It was the first clash in open court as
q sequence to the appearance petore the
March term grand jury OF the county
commissioners, E. Brooke Lee ana capt..
Joseph c. Cissel, attorney for the com
missioners, who presented copies OF tne
INDEPENDENT and demanded an lnVeStl.
cation of the allegations contained
therein. which resulted in the return OF
nine indictments for criminal libel
against the present managing editor
and three former editors OF the paper.
ONLY the cases of two of the defenoantS'
walter S. Casey and Harrison b. FRENCH
were under fire yesterday:
For more than seven hours, coun se.
for both sides argued and cited scores
Of decisions to uphold their contentious.
The entire day was given over 10
arguments on the legal points IN
yoIyed. and at their conclusion snort
" before o'clock, the three lusuceS
sitting in Judgment, Judge Urner ano
Judges John Newman OF FreoerlcK
and Robert Peter of Rockville, Went
into conference on the bench, Wnlcn
was followed by the pronouncement OF
the opinion and the Judgment.
Next Move Up to State.
with the defendants holding the
vantage point as result OF the pro-
nouncement of the Judgment by me
court, it left the next move with the
State.
or denv the allegations in the pleas,
and if it does the defendants, by wit
resses. must prove them, or the State
NAV take an appeal on the legal point
decided yesterday.
THE pleas are based on the point
that the five county commissioners ana
Capt. Cissel were in the grand jury
room at the same time. and that Lee
presented a statement and citations OF
court decisions on the matter OF GRIM
inal libel. which, defense counsel con.
tended and the court held, were illegal
and improper.
Political Dispute Unnoted.
Judge Urner, in his opinion. took no
judicial notice of the political dispute
In the county. He said that no political
dispute or fractional difficulty would De
considered by the tribunal.
The procedure challenged by the
pleas. the court continued. was un-
doubtedly an irregular one. 1t was
unquestionably irregular ana unusual,
the court went on, and pointed out
that never before in the history OF the
State has any body of men, acting IN
private or official capacity, appeared
DSIOTG q kIdIi0 july W PA CoNAAN -
issue as was involved in this pro-
cedure.
Secrecy Emphasized by Oath.
He pointed out that it was the law
in Maryland that grand jury. In
Vestigations must be conducted In
secret. It is not only duty imposed
by law, Judge Urner proceeded, but IL
is douhly emphasized in the oath. He
declared that the only counsel which
the grand jury is at liberty to receive
is that of the States attorney.
He said that the oath taken by the
grand jurymen not only obligates Sc
crecy, but impresses the absolute ne
cessity for unhampered Judgment. IN
these respects 1t was not In accord WIN
the law of the land for these six or
seven citizens to appear in a body. 1t
was clearly more impressive ana IN
fuential than If each had appeared
alone, the court held. :.
Continuing, Judge Urner said that
however convinced the board OF county
commissioners and their counsel and
Maj. Lee were that they were properly
advised by counsel, it was certainly
an innovation in the proceedings in the
State If such procedure was INDUCED,
the court commended 1t would make 1t
difficult for the grand Jury to discharge
the obligations of its oath and reach
an independent Judgment.
Provocation Not Ruled Upon.
The court said that 1t would not pass
on the degree of provocation, as its
only concern 1t to preserve the constf-
tutional provisions and see that the
administration of justice is kept on the
ancient land marks.
States Attorney Robert Peter, ir,
said today no plans had been made for
the States next move.
John e. Oxley, defense counsel, said
that there never was case where the
grand jury room has been ravished and
debaunched as in this county in the
present proceeding. He characterized
it as a venomous and heinous con-
spiracy. Taking up the speech which
Lee Is alleged to have made before the
grand jury, he charged that it was not
evidence but merely number OF preju-
dical statements.
TNIn chi nlCpC IMlliPEn