Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-09
District Court.
Tpaforo Tr1no JVi1kio

The court convened yesterday at ID A. NJ,
when the special venre for grand jurors, pub
lished in yesterdays GLOBE. was returned with
the statement VIM. Gocher and VIM. Petit
could not be found, while J. G. Terry and S. F.
Burnemann were excused. This left the panel
AS follows all being sworn ln and Ihos. Coch-
ran, Jr., being appointed foreman by the
court, and J. p. Pond was elected secretary: II.
s. McManus, A. NJ. Radcliff, J. H. Allen, D. A.
}. Baker, George Palmes, J. G. Bettinger. J: P.
Pond, Henry S. Ogden s. S. Breed, p. II. Kelly,
John DeGraw, Charles Eaton, l.. A. Gilbert,
Mark Costello J. G. Boyden, H. c. Burbank,
c. H. Robinson, VIM. Constans and j. W.
Bishop.
In charging the grand jury the court stated
the duties of the board as specified by the
statute, and also recitcd the clauses of the act
ordered by law to be read to the grand jury.
Alluson was then made to the action OF the
late grand Jury respecting the indictments for
tampering with the ballot-box against Samuel
Deering and J. G. Mccarthy, the court stating
that, although prcsentments had not been re
turned against the parties named by the late
grand inquest, the matter was still open, and
it would be the duty of the present grand
jury to institute inquiries in the matter. At
tcntion was then directed to the bribery case in
the late Legislature, which had justly filled the
public mind with distrust and Indignation. 1t
would be the imperative duty of the grand
bring to speedy punishment any deserving
thereof in the affair, which was disgrace to the
community, and to Republican government.
Mr.. Thos. Cochran, Jr., stated that the panel
of grand jurors only consisted of nineteen
members, some of whom would have to be
temporarily excused in consequence of present
sickness in their families, etc. He, therefore,
asked the court to fill up the panel to its full
standard, as he apprehended the grand jury
might be prevented from transacting business
in consequence of not having the requisite
legal number in attendance at all times.
The court replied it was impossible now to
legally increase the panel, and those present
must see to it that they attended constantly.
C. D. O'3rien, of counsel for J. G. Mccarthy,
challenged Mr.. H. c. Burbank grand juror
on the ground of his having been member of
the late grand jury, which had inquired into
Carthy, and that therefore; Mr.. Burbank should
not be permitted again to act as a grand Juror
upon the same inquiry, as his mind might have
been biased.
Mr.. Burbank having been sworn, examined
by the challenging counsel and examined
by the county attorney, confessed that he had
formed certain opinions regarding the Deerlng-
Mccarthy prosecution, the result of the in
quiries therein instituted by the late grand
jury, of which he was a member; but he be.
lieved he was capable of giving unbiased
Judgment upon the matter after further in.
curry.
The court, however, decided that Mr.. Bur-
bank must be excluded from the grand Jury
when the Dcering- MCCARTHY matter was being
considered.
The grand jury then retired, and the usua
trials were commenced.
No. Sc; G. P. file No. 3,035. Fletcher G.
WEIGH Cyrus d. Colby, ct al. There was nc
appearance for the defense, and the jury re-
turned a verdict for the plaintiff for $157.l9.
No. 81; file No. 10000. J. M. Wander Bun
gard VS.. Englebrecht Bentle. Stricken from
the calendar.
No. So; file No. lO,825. Nicols, Dean Co
NJ. H. Iltes Bros. Judgment for plaintiff
for the amount claimed against tho defendant
Frederick Iltes.
The court then adjourned until 10 A. NJ to
day, no cases being set until the grand jur,
reported.