Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-04-25

GARDENS Of the Old Dominion State ar,
featured in The Washington Stars Maya
zine next Sunday. The article is beauti
fully illustrated with photographs. OrdeI
your copy of next Sundays Washington
Star from YOU. newsdealer today.
John E. Benson, aged IS years. a well
known retired farmer and lifelong residen
Of this county. died last Sunday at hi
home near Goshen. He is survived by BIZ
wife, Mrs. Margaret Benson; three daueh
tiers, Mrs. Nellie Stinchcomb of Baltimore
Mrs Helen Esworthy Of Darnestown and
Mrs. Helledee E. Cole of Silver Spring
and four sons, J. Edgar Benson Of Wash
ington, D. Randall Benson Of Miami. Fla.
William Solomon Benson Of Goshen and
Leroy Benson of Gaithersbure. The funera
took place Wednesday afternoon from the
Neelsville Presbyterian Church and buria
was in the cemetery adjoining the church
Editors Attack Libel Indictments.
Alleging improper presentation to the
grand jury of this county of evidence which
resulted in the indictment of four editor:
of The Montgomery Independent. of Rock
vile, for criminal libel. pleas in abatement
were filed Monday by attorneys for two Of
the editors, Walter S. Casey and Harrison
B. French. The other two editors have moi
yet been served with bench warrants.
Casey is the present editor of the papeI
and French. Walter W. Lisgett and Morris
A. Beale are former editors. All are alleged
to have been responsible for alleged libel
GUS articles attacking the county officials
and E. Brooke Lee.
Two of the three indictments which were
returned against Casey are attacked and
joint indictment against Fredch and Liz
eett. Thirteen pleas are made in each Of
the attacks. alleging that the members OF
the board of county commissioners were
present in the grand jury room in body,
that Joseph C. Cissel. counsel to the county
commissioners. read what purported to be
the law defining libel to the members of
the grand jury while not qualified official,
not being States Attorney. not his assist
ant, nor attorney general of Maryland or
deputy. not judge. and not entitled by law
to so advise the grand jury that E. Brooke
Lee read to the grand jury statement
which advised the grand jury contrary to
law and that he did read to the grand jury
written brief of about so pages in length
of the law governing the matters upon
which this indictment was returned against
this defendant, as laid down by the court oil
appeals of Maryland. various State courts
and many legal text writers the laws Of
the State of Maryland and the practice Of
this court; whereby this defendant was
prejudiced in his rights"
The pleas hold that these constitute suffi-
cient evidence to have the indictments
set aside as having been returned after the
grand jury was unduly influenced by the
members of the board of the county CON-
missioners and Mr.. Lee.
Attorneys F. Barnard Welsh, Edward
Peter. E. Barrett Prettyman. Vivian v
Simpson and John E. Oxley appear for the
defendants.
Defense counsel declared that one TO-
dictment had not been attacked. but would
be permitted to 60 to trial in order that the
charges could be thrashed out in open court.
This indictment charges that Casey pub
lished libel on the person of Mr.. Lee and
the county commissioners in the publica-
ton of pictures alleging to show unim-
proved roads in Spring Lake Park, neal
Halpine.
Judge Robert B. Peter said that he will
not set date for the hearings on the plea:
until he had discussed them with his asso
ciates, Chief Judge Hammond Urner and
Judge John S. Newmen. both of Frederick
and that should the court refuse to quasi
the indictments tine date of the trials will
be subject to the ability of the otner two
judges to attend. as the defendants have
intimated that the defense wishes full
bench.