The herald., 1893-09-10
IS THE GRAND JURY LEGAL /?
The Members We're Summoned
as Term Trial Jurors
And There Is Mr.. Field Who Is Still
De Facto a County Officer.
A Serious Error Made In the Way the
Members of the Jury Were Brought
Into Court-County 0nicial
Said to BE Indicted.

There is grave doubt whether the
present grand jury is legally organized
body.
singular mistake was made in its
empaneling which some lawyers say
casts more than shade Of suspicion
upon all its acts.
The mistake occurred in the summon
ing of the jurors and has been kept
strictly quiet up to this time.
1t consisted in the summoning Of the
jurors to appear in department one Of
the superior court as term trial jurors
and not as grand jurors.
There was not one of the present grand
jury who. when he hesppeared in the court
room, had not been served in that way.
They all supposed they were brought
in to act as term trial jurors, if they
went by the papers served on them by
the deputy sheriffs who performed that
duty.
After service each juror received the
written form OF service and no doubt
some of them still have them, in which
they are directed to appear to be ex-
amined aa to their qualifications to
serve as term trial jurors in department
one.
Nothing was said about the mistake
at the time the jurois we're examined, it
being evidently taken for granted by
Judge Smith that they had been prop
erly drawn and subp9naed as grand
jurors.
The jury was sworn in and entered
upon the discharge of their duties with
never word being said about it.
OF course the body was organized as a
grand jury, and the mistake could only
be taken advantage of as technical
point.
But there are many sharp lawyers
whose business it is 30 look out for just
such points in desperate cases, and the
blunder made in this case will no doubt
be used to hang objections upon at the
proper time.
The way the mistake happened was
through thoughtlessness on the part of
some one who took out the regular
printed term trial juror forms in the
sheriff's Office, when the names for
grand Jurors were sent down from the
superior court.
The names we're filled In on these
blanks and the deputies proceeded to
hunt up and subpena the gentlemen,
handing them the subpenas.
ALI parties concerned have let we'll
enough alone, and have not referred to
the mistake in any way. shape or form.
is FIELD ELIGIBLE?
In addition to this matter there Ia con-
siderable discussion going on about the
appointment of d. w. Field, ex-public
administrator. as foreman of the grand
jury. There are quite number of un-
settled estates which are yet in his
hands and he is still de facto a public
administrator. and the propriety Of his
accepting the appointment is very
seriously questioned. Some people even
go so far as to say that this of itself
makes the acts of the body of doubtful
value. 1t is claimed that for these
reasons there are 80 many flaws in the
makeup of the inquisitorial body that
indictments returned by them may not
be worth much.
1t goes rather hard with the jury, be-
cause they have gone for all they were
worth to make a record and win glory
unto themselves.
COUNTY OFFICER IN IT.
In addition to the indictments men,
toned exclusively by the HERALD yes
terday, which the grand jury is aching
to unload, it was rumored yesterday
that another of the documents will con-
tain the name of county officer who is
said to have made illegal fees out OF his
Office.
Had it not been for Judge Pierce's
coyness in dealing with the grand jury
they would be by this time reveling in
the sensation they had caused. But
their report is getting published by
piecemeal, and does not 60 off with the
eclat which was wished.
Some of the indictments are against
men already in the county Jail and are
for ordinary crimes, such as burglary,
obtaining money under false pretensea,
assaults with deadly wespons and the
like.
1t is fully expected. it was learned
yesterday, that the jury will report on
Monday morning without fail, and that
there is not much likelihood of any
change in the indictments already
drawn.