Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1893-12-08
CIRCUIT COURT
Convened Tuesday Morning ut Nine
O'clock-Judge Gardner
Presiding.
ILLEGALLY DRAWN JvRlEs,
Results i'm tn. Discharge of the Grand Jury
and Shortening the Term.
Tuesdays Daily.

EIbs.A Jurles was not done
VA according to law.
HSo The law provides
that in counties hav.
ing the civil township system, either
in whole or in part, the county com.
missioners shall make pro rata ap-
portionment of jurymen for the sever
al townships, and the supervisors Of
such townships after receiving due
notice of the number they are to se-
lect. shall draw that number of names
for jurymen from their respective
townships and report the names drawn
to the clerk of the circuit court. This
procedure having been gone through
with by the regularly organized town
ships, and cities, and the commissioners
having chosen the names from the un-
organized portions of the county, the
law further provide, that the clerk of
court, sheriff, anditor and treasurer
shall proceed to draw the grand and
petit juries from the lists of such
names sent in. Fall River county has
three organized civil townships, viz:
Beaver, onion and Odel|, and there.
fore the juries should be drawn accor-
ding to the provisions of law as aboye
referred to. They were not; but were
drawn according to the old system as
provided in counties that have no or
gan,zed civil townships. Consequent
ly when the grand jury was called be-
fore the court, and Judge Gardner en-
quired if anyone present had any
challenge to offer against the swearing
IN of the jury Attorney Norton arose
and challenged the legality of the
drawing Of the jury upon the ground
that the law had not been complied
with as stated above. He made the
challenge as attorney for defendants
in criminal cases that were to be pre-
sented to the grand jury. The court
held that the grounds for the challenge
were we'll taken and Immediately dis
charged the grand jury. expressing his
regrets that it was necessary for him
to do SO, and that such a state of affairs
had been brought about. The court
sought to excuse the clerk for the
reason that he had but followed the
procedure that had always been in
vogue in all the Black Hills coun-
ties, Notwithstanding the fact that
Fall River county has had these or
ganized civil townships for the past
four years. Another grand jury will
not be empanelled for this term as the
Pennington county term opens the
18th, and the court could not await the
delay that the drawing of another jury
would necassitate.
The petit jury was of course equally
as il:egel as the grand, but by stipula-
tion of the attorneys for plaintiffs and
defendants the illegality was waived
in several cases which was tried.
In other cases the illegality was used
to postpone action.
COURT NOTES.
The illegally drawn jury was rather
an expensive experience for the county.
Among attorneys from other points
are observed w. q. Porter and H. u.
Reynolds of Custer; W. Il. Mitchell Of
Hill City; E. w. Martin of Deadwood,
and F. M. vroman Of Edge.Lent,
j. w. Fowler and c. L. Wood, RAPID
City.
As rancher remarked when 1t was
discovered that the grand jnry was il.
legally drawn faint that corker?"
wednesdsy's Daily.
The following matters were con-
sidered by the court mp to 12 O'Clock
today: Almiron Padden VS.. F. e. &
NJ. v. R'y Co. continued.
Julia Williams vs.. F. 4. e. n. ",
BY, continued.
A. M. Ryan VS.. Catholicon Hot
Springs Co., tried to iary, vssaiet for
plaintiff for $3.50.
g. NJ. Cleveland vs.. Cathd ot