[286] Glass's attorneys contended to the last moment that the trial judge had no jurisdiction to hear the case. After the District Attorney's opening statement had been made, but before the taking of testimony had begun, Mr. Delmas for the defense, stated that in the opinion of the counsel for the defendant the court had no jurisdiction to try the case on the ground that the Grand Jury which returned the purported indictment was an illegal body, having no power to sit as a grand jury at the time it returned the indictment. [287] See Chapter XIV and footnotes 189 and 190, page 171. [288] Mr. Zimmer's statement to the court was as follows: "As previously stated, the Grand Jury has heretofore charged and indicted a number of gentlemen on evidence which I have read, and which seems to be insufficient, for which reason I have taken this stand to protect my own interests; the stand I refer to is not to testify in the case which I had intended and not knowing my rights in the matter. I was sworn, though my intention was not to be sworn." Zimmer positively refused to place his declination on the ground that his testimony might tend to subject him to prosecution. [289] Zimmer was later tried before a Justice of Peace for contempt, found guilty and sentenced to three months in the county Jail. He appealed to the higher courts. [290] Scott had been elected President before the alleged bribery transactions, but had left soon after for the East. The Prosecution held that Scott did not assume his duties as president until after his return from the East, when the alleged briberies had been completed. Delmas concluded his argument on Scott's possible responsibility as follows: