Furthermore, there are instances, as when Abe Ruef was before the Grand
Jury at San Francisco, when the ends of justice require that the
testimony given shall be kept secret. But, in spite of these and other
considerations, the measure in question was allowed to die in Committee.

On the other hand two bills requiring that transcript of such testimony
be given the defendant passed both Senate and Assembly. They were
introduced by Wheelan of San Francisco.

Section 925 of the Penal Code, as it stood up to the time of the opening
of the session, provided that "the Grand Jury whenever criminal causes
are being investigated before them, on demand of the District Attorney
must appoint a competent stenographic reporter to be sworn and to report
the testimony that may be given in such causes in shorthand, and reduce
the same upon request of the District Attorney to long hand or
typewriting." It was thus left with the District Attorney to say whether
the stenographic reporter should be present, and whether his notes
should be transcribed.

The first of the Wheelan bills, Assembly bill 221[79], amended the law
by cutting out the words in italics "on demand of the District Attorney"
and "upon request of the District Attorney," making it mandatory upon
the Grand Jury to have the reporter in attendance.

Further on in the section and in Assembly bill 222[79], it was provided
that a true copy of the testimony thus taken should be given the
defendant at the time of his arraignment.

These two measures passed both Senate and Assembly.