Los Angeles herald., 1892-09-01
THE MEN Of THE GRAND JURY,
Another Mistake Said to Have
Been Made by the Court.
The Grand Jurors, Who They Are
!. and Their Occupations.
How the Names Were DrAwn-where
the Legality Of the Jury Can Be
OuestioDed-The Personality
OF the Members.

the Legality OF the Jury Can Be
Ouestioned-The Personality
OF the Members.
At 2 O'Clock yesterday afternoon
Judge Smith, in department one O.
the superior court, proceeded to draw 9
new grand jury.
Clerk Crane picked up the slips ol
paper containing the names of the
thirty-five persons heretofore drawn
and in solemn manner. as if he were
officiating at funeral, deposited them
again in japanned tin box, known as
the grand jury box. This made fifty.
nine names in the box, the slip contain
ing the name of M. II. Ledbetter, de-
ceased, having been destroyed at the
first drawing.
While the court looked on, Mr.. Crane
shook the box 80 that it ratified as if it
had severe attack of fever and apue.
When it was opened, the following
names were called out as the venire to
be served by the sheriff:
VIM. H. Forker, D. 0. Miltimore, Ed
win Munsey, Samuel W. Luitweiler,
w. H. Webber, Geo. H. Pixby, w. q.
Masters, T. J. Stuart, Samuel b.
Caswell, w. s. Arnold, J. R.
Dobbins, w. T. Martin, Andrew
w. Barrett, Henry De Garmo,
Charles Forman, Fred. j. Teele, sr., g,
B. Adams, Seward Cole, A. E. Pomeroy,
VIM. H. Russell, Thomas E. Rowan. s.
Kingery, Hancock Banning, Stephen III.
Mott, John Chancellor, Edwin j. Vaw-
ter, Thomas Meredith, w. E. Wilson,
Henry Giese.
The following is the order issued by
Judge Smith calling for new drawing:
JUDGE sMTTH's SECOND ORDER.
In the superior court Of the state of
California, in and for the county OF Los
Angeles, Wednesday, August 81, 1892.
In open court at 10 80 a. M, present
Hon. b. N. Smith, judge, the sheriff, re-
porter and clerk.
1t is hereby ordered that grand jury
be drawn and summoned. That the
drawing take place in department one
OF this court, at 2 O'Clock D. M, of this
day OF August 81, 1892. That the names
OF thirty 1907 persons be drawn from the
grand jury box of the county to serve as
kAoh0 JnAOiss unQ tL0t bAcy Uc EuIu-
moned to appear and attend the said
court on Monday. the 18th day of Sep
tember, d. A. 1892, at 10a. m. OF eaid
day. B. N. SMITH, Superior Judge.
Signed, August 81, 1892.
SINGULAR FACT.
The singular fact about this second
drawing is that twenty-eight of the
thirty names secured are the same as
were drawn on Monday, when under an
illegal order thirty-fve names were
taken out OF the box. It certainly does
seem strange that with fifty-nine names
In the box and thirty chances to draw,
twenty eight names should be taken out
OF the possible thirty-fve names that
were replaced in the box yesterday after
noon.
But the question is now, had Judge
Smith right to put those thirty.ive
names that were drawn on Monday back
into the box yesterday afternoon go that
twenty eight OF them could be drawn
again. Some lawyers say that he had
and some say that he had not. Any
way this is very nice point of law, and
raises question which the supreme
court Of the state will probably have to
pass upon.
Any way, as the proposition stande,
the validity OF the grand jury is brought
into question from the start. A techni-
cality is raised as to its validity. Sup
pose that the grand jury commences its
investigation and returns an indict-
ment. Then some one seeks to re-
strain it from acting further
on the ground above stated. The ques-
tion goes to the supreme court and the
jury is tied up just as was the grand
jury Judge Wallace impaneled in San
Francisco, when it was investigating
legislative bribery and corruption. Ow-
ing to the blunder of Judge Smith, the
situation is decidedly complicated.
But about the thirty gentlemen
whose names we're drawn from the box
yesterday; seventeen aresfrom the city
and thirteen from the country. AZ tc
who and what they are, the following is
pertinent:
SOMETHING AS TO THE THIRTY.
William H. Forker was the first man
drawn. He is bookkeeper according
to the great register, and resident of
Newhall.
DO. Miltimore was drawn second.
He is the vice-pregldent OF the Univer-
sity bank, and is on the bond OF the
Evening Express company, in so far as
the contract the said company obtained
from County Clerk Trowbridge H.
Ward, to print the great register of this
county at % cents per name, is con-
cerned. The eaid University bank is
also a depository for county and city
funds.
Edwin Munsey was drawn third. He
is a coal dealer, OF 1900, Downey avenue,
East Los Angeles.
Samuel W. Luitweiler was drawn
fourth. He is dealer in wagons, ETC., !,
at 200 Los Angeles street.
w. H. Webber was drawn fifth. On
The great register he appears as book
keeper, living at University. He was
the bookkeeper of s. M. Perry. chair
man of the board of supervisors.
George H. Bixby was drawn sixth.
He is rancher, of Cerritos.
w. u. Masters was drawn seventh
He lives at Pasadena, and is secretyry
of the auxiliary committee Of the Demo-
cratic state central committee.
7. j.. Stuart was drawn eighth. He is
a real estate agent, and lives at Alham-
bra.
Samuel B. Caswell was drawn ninth.
He is the auditor of the Los Angeles
City Water company, and lives at 5lS
West Fifth street.
w g. Arnold uos tho topfh man