Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-07

temptuous.
The petition filed with the court re-
counted how johnson and other pros
pective members OF the July inquisi-
torial body were questioned carefully
regarding their qualifications prior to
being sworn in, with particular refer
ence to pensions or other Federal in
come.
Will full Failure Charged.
The court was advised that Henry L.
johnson, one of the prospective jurors
on oath then and there being interro-
: gated and hearing such questions, not
withstanding his duty in the premises
but in utter disregard of said duty. will
fully and contemptuouSly refrained
from advising the court of the fact, as
he then and there we'll knew it to be,
that is to say that he then and there
was and had been for long time prior
thereto a pensioner of the United States
of America, receiving compensation in
the sum of $50 per month by virtue of
naval service in the war of the United
States popularity known as the Spanish
American War"
Because of his "willful failure to adj
wise the court of said pension being re-
ceived by him and being otherwise quail
ified,' the petition stated, Johnson was
selected by the court and empaneled as
a member of the grand jury for the
July term.
Faces Criminal Charge.
THE said Henry L. Johnson" the
plea said, well knowing his status as a
pensioner of the United States of Amer
lea and his disqualification thereby to
sit as member of the grand jury did
participate in its deliberations and &C
tions continuously from July T. 1881,
until September %, 1881 on which lat
ter date he was discharged by the
court from further service because Of
knowledge then gained of his pension
status
The court was asked to enter an order
requiring the said Henry L. johnson to
appear in this court in person at a day
certain, and to shcW cause why he
should not be held in contempt Of this
court and punished therefor as for a
criminal contempt"
In reciting the precautions taken last
July in Justice Peyton Gordon's Court
to guard against ineligible jury men,
bers, Rover's statement declared:
That on July 7. 1881, there appeared
a large number of residents of
the District of Columbia for the purpose
of examination touching on their quail
fications to act as members of the
grand jury =, that among
others appearing was one Henry L.
johnson; that the said individuals, in
Guiding the said Henry L. Johnson, be-
ing called before the court, were asked
to and did take oath that they would
well and truly answer all questions pro-
pounded to them touching on their
qualifications to sit as jurors on the
said grand jury; that the oath aforesaid
was administered to the said indiVid-
uals, including the said Henry L. John
son, by one William S. Adkins a duly
appointed deputy clerk Of this honor
able court.
Questions Quoted.
THAT among questions then and
there propounded by the said William
S. Adkins, deputy clerk, by direction of
the presiding judge. to the prospective
jurors, were the following:
Il. Do you get any pay or pension
of any kind fro m either the United
States or the District government
%. Do you get any money in any
District Governments
That it then and there became the
duty of prospective jurors present in
Guiding the said Henry L. johnson, on
oath to we'll and truly answer the afore-
said two questions and others: that the
presiding judge would then and there
be advised as to the said prospective
jurors qualifications for service on the
grand jury.
That the said two questions as afore-
said and others were asked not once but
many times in clear tone of voice by
the said deputy clerk, william S.
Adkins"
Claimed He Did Not Hear
When questioned by Rover during
the inquiry which led to DISQUALIFIED
ton of johnson, disruption of the
grand jury's third-degree proceedings
and invalidating of nearly 1870 indict-
ments in many cases, johnson de-
clared he did not hear the question
about pension or pay.
All other members of the grand
jury, however, voluntarily signed
statement informing the court that
Clerk Adkins distinctly repeated the
pension and pay questions in two diff
ferent forms, and that the court clerk
made every effort to learn whether
any prospective member was ineligible.
The jurors statement said:
We, the undersigned members of
the grand jury, certify that the clerk.
William S. Adkins, did ask the ques-
ton:
:" Do you get any pay or pension
OF any kind from either the United
states or District government
Also the question:
Do you get any money in any way
from either the United States or Dis
trict government
1t was perfectly clear that he was
making every effort to ascertain
whether any prospective juror received
payments or compensation of any kind
from either the United States or Dis
trict government"