Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-05-03
CHALLENGED JURY.
A Novel Point Raised In the District Court
as to the Legality of the Grand Jury Re-
Gently Drawn,

A Novel Point Raised In the District Court
as to the Legality Of the Grand Jury Re-
Gently Drawn.
The district court for the May term
convened at 10 a. m. yesterday, Judge
Simonds presiding. The grand jury was
called, but not all being in attendance,
those present were excused until p. m.
The first call of the calendar was then
had, showing 1876 civil and twenty-five
criminal cases for trial. An adjournment
was then had until p. m.
Upon converting at p. m. the grand
jurors were called, sworn and Richard
Marvin elected foreman, when a chal-
lenge was interposed by Messrs. G. K.
Davis and E. II. Hollinshead, counsel for
j. w. Colgrove and Z. H. Smith, con-
ductors on the Omaha rOad-held to the
grand jury by the municipal court upon
the charge of embezzlement.
The grounds of challenge were, that
the box from which the names of the
Jurors were drawn did not contain the
number of names prescribed by the law;
that no one of those drawn had been
selected and placed IN the box by the
Judges, chairman of the county COM
missioners, or county assessor, at the time
and in the manner prescribed by the
statute, and also that the names were not
drawn in accordance with the law, but that
in truth and in fact the twenty-three
names composing the jury were left over
from the names selected for that duty
the preceding year, and were therefore
Ot Tiff nH m q clIph at fhiC
time.
In support of this, Clerk Bell was
put on the stand and testi-
left over from the previous year as al
legged in the challenge, that there were
only between IS and 40 names in the
box, and that in fact the names were
never drawn from the box as provided by
the law.
In explanation of this Mr.. Bell stated
that some three weeks before the time for
drawing the jury he told Judge Brill
there were names selected and left over
for the grand jury, but not enough for
the petit jury. At the request of the
Judge he furnished him with list of the
names in the box. Later the Judge gave
him back the list and told him to draw
the grand jury from the same, before
placing the new list of sixty names Sc
lected by the judges in the box, which he
did.
At this point Mr. G. D. O'Brien made a
challenge upon the same ground as to j.
Fl. Bell, charged with larceny from the
Northern Pacific ticket Office, and j. II.
Martin, charged with embezzlement from
the Clgarmakers' Union, both held to the
grand jury by the municipal court.
In view of the novelty of the challenge,
Judge Simonds stated he should like time
to confer with bis associates before rem
dering his decision. The grand jury was
then excused to 10 O'Clock this morning,
to which hour the court was adjourned.
1t is presumed other attorneys for
parties awaiting the action of the grand
jury will interpose the same challenge
this morning before the decision of the
Judge. Should the challenge be sus-
ttined it is supposed the next move of
the attorneys will be motion for the
discharge of their clients, which motion
will be opposed for County Attorney
Egan, who will insist that the error in
the present drawing can be remedied by
the judge ordering a new venire, from
which jury can be drawn which can
take cognizance of pending commitments.
Should either the challenge be denied or
new venire ordered, it is probable ex-
ceptions will be noted in the cases of the
accused upon which to go to the supreme
court