The Waterbury Democrat., 1938-03-12

in such cases. Not until MT. Alcorn utilized the procedure in the so- called medical diploma mill' investi- gation was Connecticut generally made aware of the scope of possible grand jury investigation.
 Possibly because of lack of kn0wl- edge of this form of procedure Judge 1nglis was at some pains to describe the two differing functions of the grand pury. The information was no doubt essential for the mem- bers of the jury. Citizens in general would find it highly informing.
 A grand jury is summoned in a murder case primarily for the pro- lection of the accused. The consti- tuition provides that no one shall be placed on trial for his life, or when the penalty may be life imprison- ment, unless an indictment is found by grand jury. The grand jury goes back to day when citizens needed protection from tyrants. It is pro- tective device.
 It is because the grand jury in a murder case is protective that the prosecutor is forbidden to appear. Because the current proceeding is a search for crime and human life is not at stake, the states attorney is permitted to assist in presenting evidence.
 The nature of the grand jury's work justif1es what Attorney Peck, for former Controller Leary, de- scribed as "an inquisitorial fishing expedition" A grand jury proceed ing could not come out of clear sky where there was no crime.
 The grand jury is not a club to be used for political purposes. Con- necticut procedure would not SUD- port that.
 However, this investigation results from discoveries which suggest the possibility of criminal acts. Hence the grand pury. Logically enough, this body is permitted to pursue it's Investigations wherever 1t appears that criminal acts may be discov- cred.
 It is interesting to observe that Judge Inglis also told the jury it would not be necessary for it to re- turn indictments if it found that criminal acts had been committed. The jury has only to report to the special prosecuting attorney the names of those it accuses and he will file information against them. That also is in distinction to the in- veStigation of murders.
 The restrictions placed upon the questioning of witnesses may pre- vent newspapers from giving inform ton about the case as it progresses but they are emineAtly proper. Wit neseS sworn to complete secrecy ob- vlously would be in contempt if they violated that oath. Equally obviously those who sought to have them do so would be acting contemptuously.
 The efforts of former Comptroller Leary to bring about the dismissal of the grand jury procedure and to challenge the manner of its selection and the status of MT. Alcorn were quickly disposed of. That may not have been altogether a surprise to MT. Leary's counsel, Attorney Peck. The incident gave him opportunity to note exceptions and conceivably might furnish basis for an appeal should there be a trial and con- viction.
 It needs to be borne in mind, of course, that what is going on in Waterbury is an inquisition and not a trial. Trial will come later, but only if the jury comes to believe formal accusation should be made against one or more persons.
 Judge Inglis was at pains to sug- gest that if it finds no cause for criminal action against any one the jury would do we'll to say so. If that is not an ordinary proceeding, it is likely to meet with full public ap- proval.
 To find and punish guilty persons IS important. It is equally impor- tant that those who have been put under a cloud wrongfully shall bt definitely removed from that cloud