Salt Lake Tribune | 1910-01-23 | Page 3 | [Illegible] Indictment [Illegible] by Court

IlffllEN'T BjltflIT news Hope of the ind Counsel of 5S W. Morse. PS PRESENCE IY ROOM ILLEGAL System, but Is Not With Law, Dc-("SjKs Dc-("SjKs the Judge, n, i fn lErcss. Sk C, Jan. 22. A decision by tfif tin U Unreel States utft quashing tho indictment ai lcusius Hcinze, financier 7J2 Pven renewed hope a counsel of Charles W. tvanker, now serving a term fe in the federal prison at i'rlj Littleton, Morse's latryort ,!!" ihe Ilcinzo decision may j3 to tho caso of Morse and 7? atablish similar facta he that no valid indictment "i iainst his client. Hemic aW on October 12, 190H, for ih'e national banking, law. f? tho indictment Judge jj ilon of the Court. i? Son law is that a grand ffSJidcliberating, shall listen ilS! twho give testimony and j' bc, except the authorized p. tof the ,comjnonwoa,lth. idictmcnt was under con- 'rW ;'Part tIie proceedings lot asking some technical it! other expert arcountanfs. lit suggested the method fexperf witnesses thought nth the defendant.. " ris an expert accountant, ThI and was not retained by n 3s counsel, hc a good system' .con- urr"but it has not been Jaw. It has never been that counsel is enisled to bow in a grand .-jury room d?4ant.,J Mod's Statement, on issued a statement jn w; en brought to my attj?n-;incthod attj?n-;incthod by which the in-gainst in-gainst Morse) were pro-id pro-id tho iservice before the if a non-professional of-ited of-ited hy the federal gov-understand gov-understand it, tho court ed that, for similar prac-ment prac-ment against Mr. Hcinze ished. If I can establish ;in tho case of my cilent, flthaf. no valid indictment ninsl him. jLtther I can establish such I expect within thirty !ay lo tho federal court at mi writ of habeas corpus xttjJiblo ins to presenC to tho iifuoslions: rtifeto whether the court was 'fual court within Ihomean-fcpnstitutiou. Ihomean-fcpnstitutiou. it being con "he" of the jurors was dc-apItimo dc-apItimo of the trial et?A.B to whether the flc-Jfeafforded flc-Jfeafforded a trial by an iiu-((Kfwhen iiu-((Kfwhen the nrv was over-qmA: over-qmA: Kurroundd bv tho pri-.ftetectives pri-.ftetectives of the prosccu- "4s to wiiethcr or not a yon-jjFjwr yon-jjFjwr years in excess of the '. jjnr is a void sentence upon. ppfendaufc can be confined." Vfodictraents Pending. efktill two indjVlments pend- MiffeHei.".zc . 000 of )ich rccrtificalion of the checks Co.. and tho other mis-ilrfDf mis-ilrfDf the funds (5f tho Mcr-iaual Mcr-iaual bank for tho benefit of sTtd Attorney " Smith, who Jjftstuig thq United States L JrW in Prosecution, tho third indictment today (result; in tho delav inci-rtiping inci-rtiping a new indictment un,. njMons imposed by the court. ?tdc has sufticicnt ovidcncoUo ,irt tho assistance of a lav