The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-12-04
THE MERRIOK TRIAL.
Number of Dilatory Motions By the De-
fense-The Day Taken Up In At
tempting to Got Jury.

A large crowd was in attendance at the
criminal court room yesterday, exhibiting a
great amount of interest in the prellminaries
in the Merrick murder case.
The defendants attorneys moved the court
for continuance until they could inspect
the evidence before the grand jury. This
mo ton was overruled.
The defendant moved the court to require
the prosecutor to elect on which branch of
the indictment the defendant should be
tried-whether for administering poison or
committing violence on the deceased. The
defense then moved TO quash the indlct-
ment, making thirteen objections to Its suf-
ficiency. They are, IN brief, as follows:
Sufficient facts are not alleged to constitute
the crime charged; ii does not allege
that the defendant was sane; IT does
does not allege that the strychnine was not
administered as a medicine; it does not tell
how the deadly drug was administered; it
does not allege that Julia A. Merrick was
person, a human being, a female or a wo-
man; it does not ailege that the cutting
alleged was not necessary in a surgical opera
ton. The motion also alleges that the grand
jury was composed of but six men, when the
constitution requires 1t to be composed
of twelve men. The motion was overruled.
The defense then made the necessary affida-
WITS for continuance, alleging that the de-
PENDANT can not safely enter on this trial
without the testimony of Ross McGill, Anna
limbs and colored girl, Losey or Lucy.
The affidavit outlines the defense, and shows
it to be as was suggested by the Sentinel.
He expects by the colored girl to prove that
he left Julia A. Merrick at the corner of st.
Clair and West streets the night of the al
MN 10 ,.,Aa rxytfh PeOc M0(-fI m,
Indiana avenue and there loaned his buggy
TO a white man who had it a half hour. He
spent half hour with Ross McGill in a
loon, and afterward had Anna limbs in his
buggy until after midnight
The motion for a continuance was taken
under advisement and the work OF empan-
neliDg Jury begun. At the hour for adj
journment the defense had challenged IA
jurors peremptorily, and still has six chal-
lenges The state has not challenged any
yet. About 20jurors were rejected for cause.
A Jury will probably be obtained by noon
to day. Major Mitchell is assisting in the
prosecution. The names of the defendants
attorneys have already been given.
A lawyer, who is usually able to give
shrewd guess at what is going on in legal
circles, is of the opinion that Merrick will
not attempt 10 palm off any one on the court
and Jury as the real Mrs. Merrick, but will
-est on his statement that the evening of the
last ride be left her at the corner of Michi-
gan and West streets, and afterward took
some other woman in the buggy and rode
up the avenue. stopping at the saloon where
he was seen, and that it was this "other
woman" that was with him, drunk. and
who fell out Of the buggy on the ground in
front of Mr.. Flack's house. That's the only
show of a defense that Merrick can make
and il Is certain to fail, because DO evidence
he may produce will have feathers weight
with any jury that hears the case until
Julia A. Merrick, the murdered wife, is pro-
duced in court alive and we'll.