Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-12-17
DISTRACT COURT.

Saturday forenoon was taken up in the
district court, with arguments upon the mo-
ton to set aside the indictment in the case
of the territory " Taylor Brothers. The
motion was supported by affidavits made on
information and belief, without stating the
sources of the intormation) that Gov. Penn
ington had made speech to the grand jury
after he had given his testimony, and that
he had been permitted to be in their room
while they were celebrating. These were
the substantial averments of the motions
though other matters and things were
charged of less importance. The motion
demanded that certain Of the grand jurors
bs called and sworn, for the purpose of as
certaining the facts in the case. and also tina
the district attorney be requested to make
statement thereto. Defendants Attorneys
Hon s. L. Sphinx and Judge E. G. Whseler
urged this motion with much force, whilst
Judge 1. E. West, j. r. Gamble Esq and
District Attorney Phil. X. Faulk opposed it
on the ground, first that the afidavits were
insufficient in themselves and secondly that
the court had no power to call in members Of
the grand jury for the purpose Of impeachinE
their record; that such power only existed
in the two exceptions provided by the sta
tutes, that this case was not within either
exception, and that the calling in
of any one of the jury to
testify in case of this kind would establish
a precedent not subsersivs of justice, calcu-
lated to work mischief. The court remark
ed that the charges were broad ones, and in
cluded the grand jury, the district attorney
and Governor Pennington. District Attor-
ney Faulk then asked permission Of the
court to make statement which permission
was granted. He then eaid that in justice
to the grand jury, the governor and himself
he felt it his duty as sworn officer to make
a statement. He branded each and every
charge as absolutely false. denying most
emphatically the improper conduct Of the
grand jury and said that he was anxious to
have an investigation of the charges, if the
court had the power to inquire into them,
and was ready to submit to any punishment
for any misconduct before the grand jury
which he had permitted or been party to.
The charges were broad, but he as broadly
denied them in toto.
At the conclusion Of the arguments upon
this motion on Saturday at noon, the court
announced tha, a decision would be given
on Monday 18th inst.
In the afternoon seven or eight judgments
by default were taken and other legal bust
ness transacted.
At four o'clock p. nj. Hon. Hugh. j
Campbell, United States district attorney
for Dakota, having filed his bond, was sworn
in by Judge Shannon.
In the district court this morning the
calendar was called. and out of list o
eighty.seven civil cases, only about four arr
for jury trial. AT least sixty cases are dis
posed of by judgment, continuance ane
dismissal, with few defaults still to enter
up; also motions for the court to hear. Ir
the Criminal calandar there is but. one cas-.
for jury trial, and two surety of the peac'
cases to be heard by the court.
In regard to the motion to set aside th,
indictment in the case of the Territory vi
Taylor Bros, the court this morning ind
Gated that under the law the motion ceul
not be allowed, and gave defendants cour
sci permission to withdraw the motor
which we believe they did. The trial 9
the case is set for Wednesday morning.
i A Kleiser will receive full line {
Christmas jewelry tonight.