Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-14
JURORS CONTEMPT
HEARING DELAYED
Attorney for Spanish War
Veteran Argues There Is
No Basis for Action.

A continuance of a week was or
dered today in the case of Henry L.
johnson, Spanish War veteran, re-
Gently instructed to show cause to the
District Supreme Court why he should
not be held in criminal contempt for
improper service on the July grand
jury.
johnson was not in court when JUS
tice James M. Proctor granted the post
ponement at the request of S. N1cComaS
Hawkens attorney for johnson, who ex-
planned he needed more time to pre-
pare his answer. No objection was
voiced by Leo A. Rover, United States
attorney.
Hawken told newspaper men that
regardless of the fact Johnson's serv-
ice while he was receiving pension
from the Government nullified all &C
tions of the grand jury over q three
month period, he would insist the prose
cution lost all right to proceed against
Johnson by originally diSmissing him
from the jury. 1t was more than
week later before the contempt pro-
ceedings were instituted.
Can't Find Similar Case.
IT have been unable to find a single
case in which a veteran OF either tne
Spanish American or the World war
has bsen held ineligible for jury duty
because he received a pension for heroic
services rendered his country In It's
hour of peril" Hawken said.
The decision in the present case.
he added. will be far-reaching. 1t Will
affect the right of thousands Of vet
Grams of the Spanish American war
and several million of the World War
10 serve on criminal juriaS in the Federal
courts.
TT certainly never was the intention
of Congress in granting tie pensions 10
alleviate the financial condition Oh VET
Grams who had suffered hardships and
had been manned in behalf OF their
country that they should be shorn OF
the right to do jury duty in the Federal
courts.
Cites Common Law.
"As I view the case, it would be an
enlargement of both the local code and
in contravention of the common law to
hold that Johnson was ineligible to serve
on the grand jury, because there is no
provision of the code or rule of common
law that renders him ineligible.
THE rule of the common law Is that
one is ineligible who Is the 'party's mas
ter, servant, counselor steward or at
torney' A pensioner of the Government
obviously is not embraced in any one OF
the excluded classes.
1.-The Crawford case decided by the
Supreme Court and the Griffith case in
cur Court of Appeals dealt with the
question of the employees of the United
States Government and not with vet
eran receiving pension. Hence, they
have no application to the present case.
johnson was granted his pension
under the act of May /, 1925, as re-
ward for services rendered his country
80 years ago as a result of which serv-
ices he is a cripple. The pension is
an outright unconditional grant OF
bounty for services rendered. There is
no reservation in the act affecting or
controlling his action or activities and
he cannot be deprived of his pension
except by another act of Congress.
JOHNSON is under no obligation to
the Government and it has no authority
over him or his actions by reason of his
pension and he was not disqualified by
either the code or the common law.
Therefore, in my opinion, he had the
right to serve as grand juror"