Arizona weekly citizen., 1881-05-15
Di.mi.sei by the Court.

sae SL l-s O- L. LeC&tDQoTl e @--. and Theo. Welisch e, 8 vs. L. Mey- CT 5 Co. for libel. came up before ihe District Court Wedres5sy. As to ihe disposition of The same the following proceedings of ihe court will show
 The COurt-CAll the ist of jurors, Mr. Cirak.
 MI M0IEsn-Oue m 1meut. if vOur Honor please. have motion 10 make and that Is 10 quash the return Uu this special venlre, On ibe ground that iI is Eot in compliance with the staluie-iJ does not specify the man. ner in winch each person was in formed
 Mr. omiih-Ne ask leave for the Sheriff iO amend his return.
 Mr Morgan-Does the gentleman coucede the point l makes
 Alr Smith-NO, SIT We admit nothing Will Your Honor suspend action until the officer amends his re- turn
 NIT. Morgan-The officer cannot withdraw this return from the files of the case and amend.
 The Court-I see 10 objection b the officer amending his return under leave of the Court.
 MT Morgan-I would like tn get ruling on my motion. My objection is made tO the return as filed. We do not want the original return amended.
 NIT. Silent-We object 10 having the original return, HOW in the pIs- session of the Court, amended upon ils face. There has been 10 ruling upon the motion yet. We wish l0 make our record. IT there Is any amendment tO be made We certain ly have a right to have Il made on c separate piece of paper.
 The Court will permit the officer Co amend his return so ss to state the manner in which he summoned these iurymen, on the original return.
 Mr Silent-We object 10 the amendment of the original ID that manner and the order of the Court granting it. and take an exception 10 the ruling.
 NIT. Morgan-What does Your Honor do with motion to qussh:
 The CoUr;-It is over-uled.
 MT MOrEsn-To which We take .n exception.
 The Couft-Call the jIry.
 MT M0rEan-I have another mo- ton.
 Now cOmes ihe plaintiff and mOye> tie Court 10 set aside the panel oi trial jurors summoned to-day to try the foregoing case, on the following grounds:
 First-That the sGme was not drawn as provided by law.
 SccOud-That as II appears on the mil tes of the COUr-. two special yeuiIes for trial jurors have been drawn at iLc present term, ard ua- cOnditIonaIiy CIscharged.
 |" Thiri-That the Court las nu power Go summon or order spec.a. yenire Co Iry a specIal Case.
 Fourth-That the court. having or dered venire for trial jurors for the l term, is c-topped from ordering 1 second when it appears that tbe first, by order .f the court, las been dis 1 charged
 |" FInh - Plaintiff demands the l right Co select a panel from The first veHire Oi trial jurors summoned.
 The Court-MOtiou Oyerru!ed.
 Nr. Mgrsan-Note our exception.
 The COurt-Iroceed with the call l Of the jury, MT. Clerk.
 Mr Morgan-Plainiifi Low an- HounCeS that be will n0i proceed with l Inc trial of this case
 Mr. Smith-Then we ask that the 1 case be dismissed for want of prose cuti0n.
 The Court-Take an ordel to that ! effect.
 Mr sileut-Note an exception.
 The COurt--Cail the next case upon l he calendar.
 The Clerk-Theo Welisch vs. L. Meyer G Co.
 NIT MOrgan-We ask that the pro | ceedings had in the case of l.. Zecsen- | dorf & Co. vs. L. Meyer & C.. be | considered as applying 10 the case now before the court, viz. ThlO. | N eiisch vs. L. Meyer & Go.
 The Cgurt-Take the order
 NIT. Smith-And that The case be | dismissed.
 The Court-Take the order.
 MT Silent--Note an exception
 The persecution held that two special venires for jury having been issued the court had exhausted Its power 10 summon a jury, and based its action upon this circumstance. An appeal will be taken from the ruling of the court on the alleged errors above set forth and on The further grounds of error in dismissing the ac- lions without statutory authority.