, 1874-12-13

t inattcr. md therefore ordered special vonire
The Grand Jury WAS summoned, tho man va
. indicted, and tric1 and convicted, and sentenced
e sounsei neps to t1s manner Vac Ct an Summon n
ing the Grand Jury, and tho argument
advanced IN that case on the appeal to the su
: preme Court Was not very different from tha
summonng the Grand jury placed in tho hands
Of the Court and tho sheriff the power OF pack
ing Grand Juries. Tho Court said:
tits, howeger manifest, that the order directing the
proper e3efci5o Of the Common law powers BY the
Court and perceive injustice or inconyenience
resulting from its e1erciee.
] That was tile opinion of tho Supreme Court
where there was statute altnoAt identical with
thls ono of 1878, except tint there was no pro-
VISION resting tho power in the Court, at any
time, to issue special venire for Grand Jury.
Ihe Legislature. however, in this act havo en-
| bodied what would seem to be mere declaration
OF tile common law, by which It is provided that !:
Tho Judge Of any Court Of Record Of competent turis-
a d,con may order specia venre To- te issued for
| that public Justice requires it.
| Tho plea sets up:
- Nor WAS 1t properly madc to appear to said Court
that public usuYe required said Court to orer
November term Of tho Criminal Court.
take it that that is question which
CANNOT DE TI.AyEnsEp,-
as 70 whether It was really the opinion OF the
NNoAH eANt PAoAAo tAoL4E8 I6s1ulIEQ special F6-
uire to issue. No issue can be made upoh
whether tho Court has properly exercised it's opi1-
ion as to whether public Justice required tne ve-
Miro TO lssue Thati tho most important objection
MADE IN these pleas. It is substantially con-
ceded by counsel that the disqualification Of .
Grand Juror, under our statute IL not in itself
sufficient sround for quashinE the indictment.
Mr. Asay-But I think tho statute itself is
unconstitutional beyond question.
The Court-But Independently Of tho statute,
On the question OF the age OF Grand Juror,
am well patistied TINT it is not a ground OF
challenge to Grand Jury, that one of
the til Jurors may 10 either over or under
the case OF Murphy w. tho People, the statute |
being almost Identical with the statute as it ex-
lists at the present time, the Supreme Court held
that 1t was not ground OF disqualification. but
srouna OF exemption + might be that it, be-
ang Grand Juror WAS under the age Of 81 or over
the age Of CO. it would be the duty Of the Court
to discharge such Grand Juror from the panel,
and have 1t filled up. So with reference TO the
other question. that Grand Juror on this panel
Which found the Indictment had
SERVED At PREVIOUS TERMS
Of the court While it may be manifestl7 i'm
Proper that any man, or any number OF men,
contrary to the spirit and to the letter Of tie
statute to permit such practice, yet it would |
not, in tho opiuion Of the Court, be ground for
quashiug the indictment. It is presumed that, if
Ehe attention OF the Court Was called to any such
Al Grand Juror OF the character de-
scribed in the plea, would be required to leave the
panel, and the Grand Jury filled up But that |
he Court would quash tho Indictment, and all
indictments found at that term Of the court, be-
>1usc one of the Grand Jurors had sat on q Dre- |
nous Grand Jury, could hardly bo* expected.
The Court would not take that position unless
compelled to by some imperative rule Of law. I
nust, therefore, sustain tho demurrer to these -
'leas, since 1t is we'll takcn.
Mr. Recd-l understand that Mr. Asay has a |
notion to ii1e.
Mr.. Asay-I ask special leave Of the Court to
lie s
MOTION TO QuAsH.
Hr. Reed-I did not think there waa ANYTHING
It. suppose ile is merely filing it to save his
lghts.
aiE. Asay-I haveno doubt about the inya1dity :
I the indictment.
The Court have m engagement to moot +
7th the Judges ut half-fast ~ O'Clock.
Mr.. Rced-Cono in IIonday morning, afr, I
say, anu We will dispose OF it then. a
llr. Asay-1 will try to get here. y
Sir. Keed-Au care about it il I want to get c
'e preliminary motions out OF the way, as I Il
ave so many things to attend to. 2
11r. Asav then filed tho following motion to | +
nash the Indictment for the reasons set forth o
And now comes the said defendant, Wilbur F,
orey, into court and moves quash said inaict- t.
f3rst-Tha It does not appear from the said snd,c: ~
eo nor from the several thereof nor NV of ~
EN- that the Chicago IImta the newspaper in which
id supposed libel Is alleged TO have bec: CONTAINED
as published circulated within tho said County Of
ook- ~"1"' - r.
Second-That it docs not appear from the said in
cnlent from the several counts thereof nor .ry
them. the time place when and where Tic Chic: -
1tnies the newspaper in which said suppo Ell !tcl
alleged to have been contained was publish cl Or o.
,cula.ed. - to
1hiTd-That tue taid indictment In the several III
UNITS thereof and each OF them is do1lc in this liz
aat tae sald several counts Of said Indictment and til
ca OF them, charge more than one otreuse. o.
Fohtrth-That the said Indictment iu Inc several o w
UNITS thereof aud each Of them, Is double In tlis ~ y.
lat the said several counts Of said ndicent an tt
ii Of them, charge various in:en1s VI
fUth--That the said iudictlncnt in the several "
snts thereof and esch Of ten docs not charge u11y If
ense Known to the laws Of tho State Of illinois, az
sltth-That the saad indictment in the scyera1 | ~
NAL, and insufficient. be
J tb