The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-02-08
ANOTHER CONTEST AS TO THE LEGALITY
OF THE JURY.
That Of Which we Once Spoke in Sc
Iect Circles, with Bated Breath, Is
now Thundered Into the Very
Ears OF the Court Itself.

When the case Of the State VS.. Jesse M. Hall
was called Mr.. Gary objected to the array OF
Jurors on the ground Of irregularity In the
drawing, In that Mr.. r. E. Hill had been first
drawn as grand juror, and on objection of
one of the Commissioners. had been taken
from the grand jury and put on the petit
Jury. Members of the Jury Board we're put
upon the stand and swore as follows:
Question. What position do you hold in
Answer. I am Chairman Of the Board Of
County Commissioners.
@. Were you present at the drawing OF the
Jury for the present term OF Court?.
A. Yes, sir.
and passed upon when the grand jury was
drawn?
o. Was 1t drawn out at all?
A. No, sir, we were talking about IL there
was a great deal said about distributing the
grand jury over the county, and to try to get
the best men.
q. Didn't you at that time say that you
thought Mr.. Hill was good name?
A. OF course, and say so now.
@. Who else were there?
A. The Jury Commissioner and the Sheriff
and Clerk and myself
q. Didn't the Clerk and the Jury Commits
sioner agree with you?
a i
o. Well, didn't another person object after
that, to his name going on IL?
A. Well, there was no objection made as to
his capabilities, and he was in the seven mile
box, and we had not commenced drawing, we
were just talking overit.
Q. His name was not drawn out?
q. You had not put down his name as a
4; 10: sir. we we're jus. speaking about it;
the tales box, and knew his name was in
q. How does it originate thathis name was
mentioned?
A. There were dozen other names besides
r. E. Hill, and was satisfied tnat ne was ,,a
not have objected to him but was not drawn,
but there was some objection to him going In,
for he was in the seven mile box for the pur-
pose Of saving mifasss bV 5H line county,
q. His name was not drawn out as grand
A. No. sir; but 1t was as petit Juror.
BY the Court; @. The first Is names
drawn out were the grand jury?
Clerk, NJ. q. zeiger, sworn;
@. Wore you present at the drawing OF the
Q. HOW did MIR. Hills name come up?
A. Just as Captain Mattison has said 1t
was mentioned that II he was drawn from
LQdU DOA, 10 a SoPooiS JS1st
but his name was never drawn from that box
never was. ,,,
O. Now, was not MIR. r. E. Hills name
drawn out first as grand juror, and was be
not laid aside, after objection was mace 10
him, and had he not been passed upon oy you
all?
A. don't think that Is pertinent ques-
ton, think II is an impertinent question.
The Solicitor objected to the question.
By the Court: That Is not q proper inquiry
upon the issue before US. The Issue Is wheth'
or he was drawn as grand juror or not?
Witness: A. He was not.
MIR. Gary: @. simply want to know II II
had not been agreed by the majority OF the
Board that he should be grand juror, ana
that afterwards objection was made, ana ne
was stricken off? -
By the Court: The question Is irrelevant,
because the statute says that the first Is men
drawn out shall be the grand jury, and 10
Board can decide afterwards who shall stay
on it: and If 1t Is fact that the first IL names
drawn out were set aside as grand jurors the
question would be settled.
Sheriff DuPre asked the Solicitor TO swear
him to make his statement. ,
Sheriff j. +. G. DuPre, sworn, by the sollcl-
@. Please state the manner in which this
drawing WAS done?
a. The first eighteen names drawn from
The jury box, were the Is summoned as grand
jurors.
Mr.. Gary: have no question.
Witness: l would like to mako S'"!c'
BY the Court: That will do; go down. The
objection TO the array is overruled.