The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-08-08
CUNNEEN IS NOT CANINE.
A Wrongly Spelled Name and a Mis-
take in the Jury Lets Him Out.

/ Capt. John Riley on the City Court
Grand Jury, but Not on That Jury
! List-This Makes Void Indictments
! Found When He Served-They Will
J Be Obtained Again at Fridays Ses-
/ siou-The First Indictment Against
/ Ounneen for Keeping a Policy Lot
/ terry Quashed Because His Name
| Was Incorrectly Spelled.
| The case Of John Cunneen, charged
with keeping policy lottery, was called
in the city court yesterday, and. on mo-
ton of Mai p W Meldrim, the indict-
nical error in the formation of the grand
jury.
1t seems that Capt John Riley has been
serving on the grand jury of the city
court by mistake Mr. John Reilly, the
stevedore, is on the grand jury list of that
court, and it was he who was intended TO
be summoned. But service was made on
Capt. John Riley the summons being
made in his name, who is not on the city
courts grand jury list, and who, there
fore, is not competent to serve as a grand
juror of that court, though, of course, this
fact was not known to him.
1t so happened that when the indict-
ment against Cunneen was drawn there
were only eighteen grand jurors present,
of which Capt John Riley was one As
eighteen is the minimum limit under the
law, which can transact business, the
grand jury did not legally have a Quorum.
DISCOVERED BY AN ATTORNEY.
In looking over the grand jury list the
attorney for the defendant discovered this
fact, and on this ground made a motion
TO quash the Indictment, which was done
by order of the court. Cuuneen will
probably be indicted again at the meeting
of the grand jury next Friday afternoon.
This is the second time that an indict-
ment against Cunneen has been quashed
on account of some technical error. The
last time 1t was quashed on account of
the wrong spelling Of his name. He was
indicted first as John Canine to which
name he strenuously objected and the in
dictment was quashed His name was
tried as Cuneen, but that didn't fit, and
it was finally learned that he was Cum
neen.
ALL THE INDICTMENTS INvALIDATED.
This error in the makeup of the grand
jury will probably vitiate all the indict-
uIGHlS Iudb nave Dcbn ODLdln6u AT LllS
term of the court. at least all of those in
the drawing of which Capt. Riley
served as. a grand juror. In all,
ffty-four indictments have been
found by this grand jury. OF these
fourteen were against the operators
Of the slot machines who are charged
with operating and maintaining gaming
devices, twelve are against those charged
with doing business on the Sabbath day,
five are against gamblers, and two are
against policy lottery keepers The
others are against parties charged with
various misdemeanors which come up for
trial in the city court.
The remedy, however, is an easy one,
and the matter will probably be righted
In full at the Friday meeting of the grand
jury, when the indictments can all be OBJ
| tanned again, at least all those which it Is
! necessary to go through the form of max
ing again. The error is a peculiar one,
and would perhaps not happen again in
| years.
The mistake In summoning the fury
was clerical. Capt. John Riley is serving on
| thepresent superior court petit jury. His
summons for the city court grand Jury
was served at his residence, and he has
| been present at SIX meetings of the grand
jury, and has been a member of the COM
mittee on chain-gang.