Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-05-09
Tilt Is Woo By Editors.

victory Monday when demurrer to the
pleas in abatement filed by counsel for the
editors of The Montgomery Independent,
Rockville newspaper, was overruled by
full bench Of judges in the Circuit Court
here. Only one paragraph Of the demurrer
was upheld by the court
Following day of bitter recrimination on
both sides. the three judges conferred
nearly half hour before they announced
their decision. Chief Judge Hammond
Urner and Associate Judges Robert B.
Peter and John S. Newman presided.
The pleas in abatement were filed by
counsel for Walter S. Casey and Harrison
B. French. two of the four editors of The
Montgomery Independent who were indicted
on charges of criminal libel by the county
grand jury after the board Of county COM
misssioners and E. Brooke Lee hal ap-
peared before the inquisitorial body and
protested against charges of mismanage-
ment of county affairs printed in the news
paper. Two other former editors who were
indicted-Walter W. Ligeet and Morris A.
Bealle-have not been apprehended as yet.
The pleas in abatement charged that
the county officials had appeared before
the county grand jury in body, and that
Maj. Lee and Capt. Joseph C. Cissel. coun-
sci to the county commissioners. had left
briefs defining the libel laws with the grand
jury. not being competent officials Of the
court. and that Capt. Cissel had left marked
copies of The Independent which showed
the alleged libelous articles. The demurrer
to this last allegation was the only one up
held by the court.
Chief Judge Urner declared that the Court
understood that the county officials had
acted in accordance with the advice Of
counsel and mad believed themselves TO be
ia the right but that the whole procedure
was irregular and in defense of the grand
jury system the Court would have to over
rule the demurrer with the exception of
the one paragraph concerning the marked
papers. He intimated that the Court would
uphold the pleas in abatement if the facts
brought out proved the pleas to be correct.
The chief judge declared that the whole
proceeding was unique in the history of
jurisprudence of the State and that the
law requiring the deliberations of the grand
jury to be secret had not been complied
with when the entire board of county COM
missioners remained in the grand jury
room while the other members of the
board testified.
The proceedings began with an attack
by defense counsel on the plan presented
by States Attorney Robert Peter. Jr.. to
have Roger ]. Whiteford. Washington law
yer. assist in the prosecution.
Following morning of litter attack and
counter attack. the judges decided that
they would permit Mr.. Whiteford to argue
on the demurrer. but would reserve their
decision as to his employment as special
counsel. F. Barnard Welsh. of defense
counsel. charged that Maj Lee and the
county commissioners. through the con-
nivance of Mr.. Whiteford, had perpetrated
an outrage on the court. The whole pro-
ceedings savored of contempt of court, he
declared.
The defense sprang a surprise when it
was announced Sau Praeger, anti-leader
of Cumberland who has been promine ntly
mentioned as an opponent of Gov. Albert
C. Richie in the race this fall. was men,
Der of the defense counsel.
States Attorney Peter and Defsnse Coun-
sci John Oxley addressed the court. Other
members of the defense counsel are Miss
Vivian V. Simpson !. E. Barrett Prettyman.
president of the Independent Publishing
Co.. and Edward Peter. Albert Bouic. anti
leader also sat with the defense counsel.
The next possible move by the Lee forces
is the filing of traverse. or denial. of the
allegations put forth in the pleas for abate-
ment. Should this fail. the indictments
would be quashed.
The entire proceedings were based upon
technicaities. and trial of the charges on
their merits cannot be started until and
unless the pleas in abatement are over
ruled by the court. Mr.. Whiteford told the
court that he would file the traverse in
several days if it was to be filed.