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Show (jivTHrnur Ilariranti KtluNeti tm Appear lu Court. Pittsburg, 31. The grand jury of Alleghany couuly ioaiicJ euopceaas uj Governor Hartrault, Adjutant Ureneral Latta, Cieueral Brentou and others to testily iu the cau of Gen. Pearson charged with murder. All of them baviug been summoned- ac private citizens responded except Guv. Hartranlt, who Bent a letler to the court giving bU reasons, in which be says: I beg to assure you that my re-fuKitl re-fuKitl to obey the Bummons arises from no disrespect to the honorable L'Ourt, r any desire to obstruct, or leUy tbe administration of iuittice. I do not object to giving all - the facts in my ponreesLou neceeary to the crimi anion or defence of any person con cerne f in tho riots of last July, reserving, re-serving, toy poostitutioBal right to judge of tbe expediency, but eimply deny the right of a coordinate branch of tbe govemment to compel ithe attendance of the executive officers or iu vemjjme iu manner in wmcq in their didcretion they bave performed their official duties. For the purpose of settling this question in?olvmgithe independence and relations of two important branches ol the government the attorney general hag appealed to the highest tribunal oi tbe commonwealth by whose decision it was presumed that tbe court equally with the gurernor was desrrrms or pre-" serving tbe proper relation aud, harmony har-mony of the two branches of tbe government and would leave the case f.to be settled by the supreme court, i but a subpoena framed to avoid tech-iatlitieft tech-iatlitieft pointed out by tbe Attorney general, but necessarily involving tbe name principle, has beep Berved on the executive officers, which, if obeyed, will evade a decision of the Higher tribunal. Pending a decision in that issue, I bave refused to recog-a'ze recog-a'ze the said subt.03ni, as the question will be raised by my action alone. The officers connected with the executive department will auswer the subpos ia o testify in said case as privute citizens. citi-zens. They cannot bo compelled to testify any more than tbe executive mmeelf . when eumaiOQed iu tbeir official capacity. . |
