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State v. McFeeley

Decided: October 1, 1946.

THE STATE OF NEW JERSEY, PLAINTIFF,
v.
EDWARD J. MCFEELEY, BERNARD J. MCFEELEY, HARRY A. JENKINS, EDWARD J. MESCALL, ROBERT A. O'BRIEN, WILLIAM P. BLACK, M. JAMES MCLAUGHLIN, DEFENDANTS



On motion to direct witnesses to answer.

For the motion, Thomas H. Brown and Frank G. Schlosser.

For the state, Walter D. Van Riper, Attorney-General, and William P. Gannon, Deputy Attorney-General.

For Carrie et al., grand jurors, Walter D. Van Riper, Attorney-General, and Mark Townsend, Deputy Attorney-General.

Before Justices Donges, Heher and Colie.

Colie

The opinion of the court was delivered by

COLIE, J. The named defendants were each indicted by a grand jury of Hudson County and the indictments were removed into the Supreme Court. In aid of their attack upon the indictments, the defendants were given leave to take depositions before Edmund S. Johnson, a Supreme Court Commissioner. Among other witnesses called to testify were four members of the grand jury that handed up the indictments

which are under attack. These jurors refused to answer the questions propounded to them on the ground that to do so would violate their duty and the oath which each took that "the counsel of the state, your fellows and your own, you shall keep secret."

The general line of questioning is indicated by reproducing some of the questions directed to Grand Juror Carrie and Grand Juror Schermerhorn.

"Q. Were you on any committee of the grand jury of December, 1944?

"Q. Did you ever meet with any persons outside of the grand jury room as a ...


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