The herald., 1893-10-01
THE GRAND JURY IN QUESTION.
Attorneys for the City Bank
Officers Question Its Legality.
Judge Smiths Possible Error in the
Special Venue.
The Defendants Have a Large Array OF
Legal Tslent--The Points at Issue.
Judge Shaw Int:mates
His Views.

The indictments OF the present grand
jury are trembling in the balance.
A little motion to dismiss the City
bank indictments will set all rher work
at naught in case it is successful, and
Judge Lucien Shaw in department OF
the superior court intimated pretty
strongly yesterday that he had grave
doubts as to the legality OF the body.
The ques ion was sprung yesterday
morning when A. D Childress, j. F.
Park and Le Grand Belts were arraigned
upon tie Indictments charging them
with varioue felonies.
They had an imposing array OF legal
talent in their defense, including Henry
T. Gage, Olin Wellborn. j. S. Chapman.
L. j.. Gibbon and w. G. Gardiner. and
District Attorney Dillon occupied q
small corner OF the table and was alone
for the prosecution.
Col. Wellborn made a motion to set
aside the indictment after the arraign-
ment of the defendants, upon various
grounds, all directed TO errors in the
empanelment OF the grand jury.
The grand jurors were called for and
filed into the court room. as we'll as the
deputy sheriffs who served the papers
upon the members Of the body.
They were all Questioned about the
manner in which the empaneling of the
jury was accomplished.
Judge Shaw ruled against Col. Well
born upon the motion, allowing the mis-
takes in dates upon the records and the
venire to be corrected, as he did in the
Vejar CAGE.
1he big fight against the legality of
the grand jury followed. 1t came about
by motion to dismiss the action against
the defendants. This was asked tor on
two grounds.
The first OF these was that while the
grand jury was drawn and selected un-
der the old law. the last legislature had
amended this law and changed the man
ner OF the selection. Alter argument
Judge Shaw ruled against the defense on
this point, holding that the present
grand jury was organized correctly as far
as that went, the new law not being ap-
plicable.
The second point was that the Judge
who ordered the grand jury made mis-
take which is fatal to the validity of the
body.
His first order was all right, but out
OF the first venire not enough jurors
were obtained to complete the legal
panel and an order was made for
special venire OF six Jurors. This order
directed the sheriff to summons jurors
from the body Of the county, "and not
from bystanders."
The Limitation of the selection by use
of the words mot from bystanders,"
was claimed by Col. Wellborn and Mr..
Chapman in very thorough arguments
and the quotation of numerous authori-
ties to absolutely render the grand jury
illegal. They called attention to the
mandatory language OF the statutes
with reference to a strict adherence to
the method prescribed for empaneling q
grand jury, and claimed that error OF
the court made it absolutely necessary
TO declare the acts OF the jury null and
void. They claimed that the supreme
court would grant a writ of prohibition,
and where superior court was satisfied
that writ would be granted it should
act.
District Attorney Dillon argued
against the points raised at some length,
and contended that they did not as
sumo sufficient Importance to invali-
date the grand jury.
Judge Shaw at the close of argument
said that he had grave doubts as to the
legality of the manner in which the
grand jurors had been summoned and
empaneled. He reserved his decieion
until next Thursday, when it will be
announced.
Counsel for the defendants seemed to
feel highly elated over the remarks OF
the court. and confidently expect that
the decision will be in. favor of their
contention and that next Thursday the
indictments against them will not be
worth the paper they are written upon.
In case their view is correct the effect
will be to turn loose a number of per-
sons who are now in durance vile.