Show SE RUlE IN JURY VIOLATED ClAIM Judge Johnson Grants Abatement in Great Western Coal Mines CaseI Case Because of Notes Taken I Preparations Made for Appeal Appeal Appeal Ap Ap- Ap- Ap peal on Behalf of Government Government Government Govern Govern- ment Defendants Accused Accused Accused Ac Ac- of Mail Frauds The Indictment against George A. A Storrs former warden of the state prison Joseph 5 S. S Welch Earl J. J Welch and Charles Charle M M. of Croft officials oW- oW and fiscal agents of ot the Great Western Coal Mines company com corn pany was Quashed in an opinion handed down by Judge TIllman Tiliman D. D Johnson in the United States district district district dis dis- court Friday morning The opinion which may be carried carried car car- ried ned Into the supreme court of the United States held that the se secrecy secrecy secrecy se- se crecy of ot grand Jury proceedings wa was violated b by the transcribing of ot testimony testimony testimony tes tes- tes- tes for tor the uso USG of ot the district attorneys attorney's office Like cases have come up in several parts of ot the country but this is the first of ot this nature in the Eighth circuit I The indictment returned last October October Oc Oc- tober charged Storrs and other officials officials of of- with having used the malls mails to defraud The trial was scheduled scheduled sched ached tiled to have opened on March 23 3 IRREGULARITIES CHARGED The plea In abatement filed flied by Mahlon Mahion E. E Wilson counsel for fOI Storrs charged irregularities in the proceedings of ot the grand jury Jun which indicted the quartet last Oc Or- tober It was charged that E. E M. M Garnett official court reporter and anda a admitted to practice in U Utah tali courts was present throughout the grand Jury investigation reporting the en entire entire en en- tire Ure proceedings in his capacity of assistant United States district at at- at torney The plea also alleged that Charles M. M f. f Morris influenced the grand Jurors in their decision by his summing up of ot the salient points point of ot the evidence Mr Wilson contended that the presence of ot Mr 1011 Garnett asa as stenographer raphel in lIt ot his appointment as assistant district attorney and the subsequent transcribing of ot Ills his notes later to be over to to United States State District Attorney Chas M. M f. f Morris Morri was making the investigation of ot a semipublic nature and In violation of ot the fifth firth amendment amendment amendment amend amend- ment to the tho constitution CASES REVIEWED Judge Johnson upheld Mr Wilson's Wilsons Wil Wil- sons son's contention that a stenographer stenographer stenographer even though holding the ap appointment appointment appointment ap- ap should not have haYe transcribed transcribed transcribed trans trans- the proceedings The court In his opinion refers reters to the Wilkes case which the United States su supreme supreme supreme su- su preme court refused to grant a writ of ot certiorari because of ot the state of the record in the case The Wilkes case grew out of ot the Sixth circuit A district attorney sought to Impeach certain testimony testimony mony offered in the grand Jury room and transcribed by a court re reporter reporter reporter re- re porter also specially appointed whereupon the defendants defendant's counsel asked for the discharge of ot tho the de defendant defendant de- de In the district court The Tho Judge refused and the case was taken to the circuit court of ap- ap Continued on page 11 |