Year: 1879

Score one for the Jury.
| Yesterday morning Judge Billings took a


md in the conflict between the United States


grand Jury and United States District Attorney
Leonard. and fired off a gun which. for the time
being. routed thed istrict attorney
| On ascending the bench. Judge Billings had
the grand jury called. and stated to them that
Judge Woods. on his departure had placed In
| hts hands and requested him to pass upon the
contents OF the paper presented several days
ago. He had examined the document and
thought the presentments OF sufficient i'm nor


tance. and of character grave enough, to war
| rant indictments. They recorded what were
clearly offenses against the statutes of the
| United States; therefore he ordered them filed.
| and


| INSTRUCTED THE DISTRICT ATTORNEY
| to prepare indictments In accordance with
| them.


! This was the first charge Of the gun and It
staggered Mr.. Leonard, for when called upon
by the jury to do so. he had positively refused
to make out the Indictment.


The Judge also decided In favor OF the Jury
| on the question Of adjournment. On this point
it will be remembered the district attorney


made the issue BY stating that there was no


business before the jury. and asked the court to


adjourn it until the first of next month. The


jury disagreed with the district attorney, and


contended that they were investigating a mat
ter OF sufficient importance to Justify them In


remaining In session.


On this issue the Judge decided az follows:
Gentlemen of The Grand J,1y-The oath which
you have taken defines your duties. and shows
the limit at which your resp possibility ends and
| that Of the distric. attorney commences.
That oath Is that you will diligently inquire
into and true presentment make of all such
| or orh hai x.4,xn Il
charge, or as you may know of your own
Knowledge" meaning such matters and things


as may be given, you in charge by the court
and such as may be called to your attention by
the district attorney and such as are within
| your own knowledge. to which you could depose
as a witness before your fellows. If any Of your
number thinks he has reason to believe that an
| ofense the knowledge Of which daes not come
| before the grand jury In one OF the three ways
| vidual against the laws of the United States he
| has the right common TO all citizens, and as


good citizen II is his duty to make the charge,
under oath, before com missioner OF the
| United States for his arrest IL, upon pre-


liminary examination before such a magis-


guilt established. the accused would be bound
! over for his appearance before the court. and


thus the ends Of justice would be subserved


manner. No citizen should shrink from the


responsibility OF adopting that course OF pro-
cedure.


| l cannot enter into the secrets OF the grand
| jury room. The law officer OF the government
has stated that the government does not require
your attendance. On the other hand you have
| stated In your communication to the court that
charges of grave and scandalous nature have
| been brought to your attention. both by direct
/ communication you stated that up to the pres
ent time there is no specific charge against any
named Individual,


Putting the statements OF the district attorney
and your statements together. consider that


the. court Is informed that there are charges
which have been brought to your attention
bApn ba in


vesIigation of which is not yet completed.
Witnesses could not have been heard by you
Tne case. therefore, which is presented Is one
whore the district attorney has permitted an
Investigation to be entered upon before you.


Such being the case. while 1t may be perfectly
proper for the district attorney, with all the


facts before him. to decide advlsedly to such an
investigation the court can, from the nature of
the cas Q. have no such infJrmation.
The case is simply one where an investiga-
tion has been entered upon properly, and
circumstances | do not consider it would be-
proper to discharge you. But in your inves-
tigaIion you Will observe the limitations which
the court has laid down.


At the conclusion Of the reading OF the above


the district attorney. In response to an inquiry
from the court stated that he would be- occu-


pied for some time to come with the trial of the


political cases and unable to attend on the Jury


and he therefore aske1 that they be discharged


until Monday next. His request was granted,


and an order, in accordance Herewith, was


made.


The decisions were received with satisfaction


by all but the Custom House people who are


being investigated and those whose names


Wells ct alsl are supposed to be In the present.


me nts. and who. under instructions. the district


attorney must indict. It was argued. that IL the


district attorney was to indict just whom he


pleased. and refused to bring before the court


others to whom he WIS attached by personal or


political feelings. there would bs no use of a


jury. 1t might as we'll be dis spensed with. as the


dis rict attorney could bring the attention of the


court to offenders Just as well without the jury


as with 1t.


The indictments cannot be presented until


the next meeting Of the jury. as the signature


of the foreman is necessary to make them ef-


fectve. The parties to be indicted are promi-


nent Custom House officials. whose names


have not yet been made public, but among whom


are supposed to be J. Mad Wells and Collector


Smith.