United States v. Violon
| Citation | 173 F. 501 |
| Parties | UNITED STATES v. VIOLON. |
| Decision Date | 06 August 1909 |
| Court | U.S. District Court — Southern District of New York |
Henry A. Wise, U.S. Atty., and Daniel D. Walton, Jr., Asst. U.S. Atty.
Ernest H. Wallace, for defendant.
I cannot satisfactorily speculate upon the evidence which must have been before the grand jury, nor will I either myself inspect, or permit another to inspect, its minutes. The grand jury is designed to protect the citizen from baseless accusation; but he has no other protection than its proper action. If it has been moved by insufficient evidence, or has failed to consider all the evidence, it is an injustice which the court cannot, and should not seek to, redress. There is no precedent, so far as I can find, for such control of the grand jury, and I am the last who would initiate it. The institution must stand, as the conscience of the citizens called to it dictates. The case in 16 Federal Reporter ( United States v. Kilpatrick (D.C.) 16 F. 765) I am not disposed to follow. Of course, a case of misconduct within the grand jury room, as the use of liquors, or the like, might raise a very different question.
Motion denied.
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...220, 221. 18 Loc. cit. pp. 223, 224. 19 Wigmore, § 2364(a). 20 United States v. Farrington, D.C., 5 F. 343, 348; Compare: United States v. Violon, C.C., 173 F. 501; United States v. Morse, D.C., 292 F. 273, 278; United States v. Garsson, D.C., 291 F. 1 Hoffman v. Palmer, 2 Cir., 129 F.2d 97......
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...at page 983. 9 United States v. Southmayd, C.C.Wis., 1875, 27 Fed.Cas. pages 1275, 1276, No. 16,361; see L. Hand J. in United States v. Violon, C.C.S.D.N.Y.1909, 173 F. 501 at page 502, United States v. Garsson, D.C.S.D.N.Y.1923, 291 F. 646 at page 649, Kastel v. United States, 2 Cir., 1927......
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...566, 570, 571, 166 A. 45, 88 A.L.R. 886;McKinney v. United States (C.C.A.) 199 F. 25, 27, 28; [1 N.E.2d 34]United States v. Violon (C.C.) 173 F. 501; Wigmore on Evidence (2d Ed.) § 4 (5), vol. 1, § 2364 (a), vol. 5. See Regina v. Bullard, 12 Cox, C.C. 353; Justice Field's Charge to Grand Ju......
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...v. State, 164 Md. 558, 566, 570, 571, 166 A. 45, 88 A.L.R. 886; McKinney v. United States (C.C.A.) 199 F. 25, 27, 28; United States v. Violon (C.C.) 173 F. 501; Wigmore on Evidence (2d Ed.) § 4 (5), vol. 1, § 2364 vol. 5. See Regina v. Bullard, 12 Cox, C.C. 353; Justice Field's Charge to Gr......