William R. Day

“ I make this statement in good faith, and not intending any disrespect to the grand jury, or to the officers of the government, and I venture to remind the grand jury that I am entitled under the laws of the United States not to have any inferences drawn against me by reason of the action I have taken in this matter. It is one thing to produce private books and papers in a proceeding where there is an opportunity to explain them and to examine and cross-examine witnesses concerning them ”

“ If the government had the legal right to demand the production of the books and papers in question, with a view to the investigation of the alleged offense of Wheeler and Shaw in the proceedings before the grand jury, whether the subpoena was drawn in proper form or not, or whether the corporation, in view of its dissolution, could have been compelled to comply with its requirements, in the attitude which the case has taken, is immaterial. ”

“ The cases were heard by the district judge on the grand jurors' petitions, the answers, and certain agreed facts. At the close of the hearing the court ruled that the case was governed by Wilson v. United States, 221 U.S. 361, 55 L. ed. 771, 31 Sup. Ct. Rep. ”