, 1875-09-09
CAPT. WARDS WILL.
Sounding tho Motto 0f Preparation for
tho Circuit Trinf-lt0tll Sides to Enter
tho Open LtatA Sept. 1G.

Sounding tho Mote of Preparation for
tt,e t:rcnt Trinf-itoth Sides to Enter
tho Open Ltata Sept. 1G.
Hetrot Free f'stas, Sent q.
Tho rartioA interested III f1lo cunning trial Of
tllo Ward will cato (Which opons in tho Wayne
Circuit Court On the 18th inst aro just now maxi
ing matters exceedingly lively for each other.
It il to come mp OH an appeal from tho decision
Of Judge Wilkinson admitting tho will 10 probate,
aud oMjnont counsel l,ayo been retained On bot}l
sitlcg It will bo bitter aud 1norciloss fight, aud
tho most heyculoRn efforts will he iMt forth By
both tho rroEonehts and tho contestants. A
preliminary nkirmial1 occurred oil Saturday. Mr..
iIoEbt1o1 representing tho proponents, brought
in motion for "struck" or BEcta! Jury, and
IN support Of sllat motion 10 produced an aIAa-
Wit by Tubal q. Owon III that iustr1lcnt aIr.
Owe,l statcH that tho cantastant. nlogo tlat
Cant Ward wna not Of soti,td and lisposng mind
at tho time no made l,is will md Tho subHcquoilt
codcifa; that ho was aub loot to itsaue dolusoiF.
gnt tl,at TIC will ai,d co1icils worc agncl by him
when under tho influence Of Rucl dol,aSot!A.
Thoso allegations arc dcnioi ly A1r. Owen, who
further declares that tho trial will roqurn Jury
Of moro than ordinary nbillty.-oho TINT will tso
ablo to mike nice distinctions ~ 10 mental CT
rncty, nu1 TINT no believes d fAtr and fmrarta!
frial will 10 marc likely To 10 obtained by astr1lck
Jury than by .le regular pnnel. mont OF wllotn
liaYe hoard tho case discussed anfa who con hardly
haye failod 10 hayo illhLbed moro or loss pretu-
dice M ono Hitlo or tho other.
Milton u. Ward, ono Of the appellants and the
pcrHon In exclusive charge Of iio proceedings on
tho aIpeal, nrswoEB Under oath that 80 far ~ 1in
has my know}otaBe OF information OF grounds Of
party or al counsel Of attorney, and 1io porsotl
noting on behalf OF In Interest ut parties arpea-
Ing lsaH sl,okon of tlo caEo in tho hearing Of
any Of tho present jury Of Wayne County .tlsat
no dteasions concerning tho caso Or q,'estons:
the jury or my Of tham by my porsona directly
Interested Ia the appeal OF any porsonB employed
by '.cm that ihsnated cl,argos to TIM contrary
aro utterly Enfotl1od and unreliable thai II tll.
case haa been tliscnEsoa In tho community md
Jury, BHch fact cali DO ascertaincd upon clLal-
longo Of tho jururs that If any l,erHon haa DIR
onhaod tho tncrts Of tho cnso or liHtcncd to such
discussion llo nsseuts that tho Court (1nay
juror. fIe also asaonts to tho drawing OF
4 Mew panel Il tho Court) et.all doel1,
T. advisable, and TO any directions which
tlla Court may sec lit TO giye to acoure fair and
from tho iist Of regular jurors. Dut ho objects
and protests against bo'n8 obliged to have tho
Issues lit tlis case decided by jurors selected 1t.
| adyA1Ice by nny person. whotlirousor.
rooted order to 10 ,ssu.xl for the SELECTION Of
tho special Jury asked for, such selection to be
made on tho 18th t1tst... and the jury to report
for duty on Thursday, Hors;; 10.
10 t!l8 ofdcf OF the court c0{lnsal TOT te Coli
tostants except, on tho ground that 1T IL not
shown and does HOT appear that fair aud iul-
partial trial will 10 i1Iore lkoiy to b obtained
by hayinR struck Jury.
aeo. 10, chat'. I'D, vol. 2, compiled laws.
yides TINT when 1t sl!a1l aIpoAr 70 Tho Circuit
Court t4at fair and impartial trial will bo mura
likely 10 b. maintained In any cause pond,
lo8 thercin, by having atr,ok Jury, xuc',
struck. Tho 1no!hod Of doing this ia for
tho County Clerk to take tho original lists Of
grand AlM petit Jurors, aud in presolsco Of the
lartos sofect forty-oght PERSONS WHOM lie shall
bsst quaIlaoa to Try the csuso. The 1mrty MAX.
Ing ttio application or his attorney thcn strikes
out DIG Of tho forty-oght tho orposito raEsy
another, INK, 10 alternately until zach slaIl Aaya
strikou out tHolrc names. Thin eliminating pro-
wllDna 10 kolsct tho t,sotse who shall constitute
| lAo actual jury for tic trial.