Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-24
NEW JURY REFUSED
. IN COUNTY INQUIRY
Special Counsel and Account
ant Also Denied in Mont
gomery Charges.

By Stan Correspondent Of The Star.
ROCKVILLE, Md, March 24.-With
the request for a special grand jury
denied by Judge Robert B. Peter, the
present grand jury today began an in
vestigation to determine whether GER
tain county officials have been guilty of
irregularities or whether the Rockville
Independent should be held for criminal
libel in so charging.
Judge Peter today also denied petit
tons for a special prosecutor and that
an accountant be appointed to assist
the jury.
Joseph c. Cissel, counsel to the
board of county commissioners, was the
first witness called in this inquiry,
which may have a far-reaching effect
on the political lineup in Montgomery
County.
Battle Line Sharply Drawn.
The battle line between the political
factions in the county--the regular
Democrats In power and the group
known as the "antis"-was drawn last
Wednesday when the members OF the
board of commissioners and E. Brooke
Lee, county Democratic leader, appeared
shortly before it was to be diSbanded.
They asked for thorough inveStiga-
ton Of charges allegedly published in
the Rockville Independent to the effect
that certain county officials have been
guilty Of malfeaSance and miSfeaSance
In the handling Of county FUNDS.
Should the investigation establish the
truth of these charges, the grand jury
was told, the responsible ofncialS should
be indicted. If, however, they should
be found unwarranted, then, 1t was con-
tended, the grand jury should indict
the persons responsible for the alleged
publication on charge Of criminal libel.
F. Bernard Welsh, attorney for the
Independent, taking exception to the
appearance of the commissioners and
Mr.. Lee in the grand jury room, had
filed with the court a petition embody-
ing the following three prayers:
/. The the present grand jury be dis
missed and q special jury convened, be-
cause of the alleged unfitness of one Of
the present members to serve.
2. That a special prosecutor be ap-
pointed to handle the investigation.
3. That an accountant be appointed
by the court to assist the jury should 1t
desire to examine county books.
Jury Asked Special Prosecutor.
Shortly after Mr.. Welsh had nled MS
petition the grand jury itself asked for
the appointment of special prosecutor,
explaining, however, that this request
should not in any way be construed as
a reflection on the States attorney.
Judge Peter this morning dismissed all
three requests.
After asking members of the jury to
retire from the court room, Judge Peter
announced that he had considered the
matter carefully, even to the extent OF
making a trip to Frederick to confer
with his associates on the bench, and
could find no justification for dismisSing
the present grand jury.
Under the statute, he said, one grand
jury continues to function until the
next one has been sworn in. ION the
question of diSmissing a jury because
of the alleged unfitneSs Of its person.
nel," he pointed out, there is some
conflict, but in this case the complaint
does not appear to have sufhcient merit
to justify granting the petition"
Judge Peter said that while he did
have authority to appoint a special
prosecutor to appear in court or assist
In preparing case, there was no pro-
vision in law whereby he could appoint
any one to appear before the grand
jury in such a capacity. In dismissing
the request for an accountant, he ex-
planned that under the law an auditor
Is provided to serve in the same ca
pacity.