Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-03-28
New Jnry Refused.

With the request for a special grand jury
denied by Judge Robert B. Peter. in the
circuit court here. the present grand jury
Monday began an investigation to deter.
mine whether certain county officials have
been guilty of Irregularities or whether The
Montgomery Independent should be held
for criminal libel in so charging.
Judge Peter also denied petitions for a
special prosecutor and that an accountant
be appointed to assist the jury.
Wednesday of last week the members
Of the Board Of County Commissioners
Joseph C. Cissel, counsel to the board. and
E. Brooke Lee appeared Unexpectedly be-
fore the grand jury shortly before 1t was
10 adjourn. They asked for thorough
investigation of charges allesedly published
in the Montgomery Independent to the
effect that certain county officials have
been guilty of malfeasance and misfea-
sance In the handling of county funds.
Should the investigation establish the truth
of these charges. the grand jury was told,
the responsible officials should be indicted.
If, however. they should be found uawar-
ranted, then. it was commended. the grand
jury should indict the persons responsible
for the alleged publication on charge Of
criminal libel.
F. Barnard Welsh. attorney for the In
dependent. taking exceptions to the ap-
pearance of the county commissioners and
Mr.. Lee in the grand jury room. had filed
with the court a petition embodyins the
following three prayers:
1. The present grand jury be dismissed
and special jury convened. because Of
the alleged unfitness of one of the present
members to serve. @
2. That a special prosecutor be ap-
pointed to handle the investigation.
8. That an accountant be appoined by
the court to assist the jury should it desire
to examine county books.
Shortly after Mr.. Welsh had filed his
petition the grand jury itself asked for the
appointment Of special prosecutor. ex-
planning, however, that this request should
not in any way be construed as refiec-
ton on the States Attorney.
Judge Peter last Monday morning dis
missed all three requests.
After asking the members of the grand
jury to retire from the court room, Judge
Peter announced that he had considered
tho m otkar 70 rafnllv auar 20 tha avAo,e 81
making trip to Frederick to confer with
his associates on the bench, and could
find no justification for Diminishing 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 jury because Of the alleged
unfitness of its personnel" he pointed out.
there is some conflict. but in this case
the complaint does not appear to have
sufficient merit to justify granting the
petition" nf.
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 provision in law
whereby he could appoint any one to ap-
pear before the grand jury in such a
capacity. In dismissins the request for
an accountant. he explained that under
the law an auditor is provided to serve
in the same capacity.
The grand jury has been examining wit
nesses in the case for several days past.