Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1895-04-26
HOT SPRINGS, SOUTH DAKOTA, FRIDAY, APRIL 26 1895.

prosecutes him. Should he see fit he
could claim his right and refuse to tes-
tify before the grand jury. If the
grand jury see fit to call him before
them, have not the slightest doubt of
their right to do so.
Fourth. The objection that the jury
were prejudiced is overruled. In my
judgment the grand jury are not in any
sense trial jury. 1t is not necessary
that the Court search their minds with
religious care for prejudices, feelings or
opinions in matters pending before
them. They are simply committee
that is selected and drawn for the pur.
pose of instituting these prosecutions,
and presenting them to the Court.
While there is no statute to prevent
man whose mind is charged with
violent prejudice against one accused
of Il crime from celebrating with the
grand jury while investigating the mat
ter, yet delicate sense of propriety
would, prehaps, deter him from acting
during the time of their consideration
of the charges against such individu-
al. However it is not, in my judg
ment, fatal error for such person to
deliberate with the grand jury.
The last defect which 1 am called up
on to consider is the mode OF drawing
the jury. This in my judgment is the
only serious objection that is urged.
Now you have accused certain officers
of the Court of fraud in the prepara-
tion of the jury list, and the selection
of the jury. To have any officer of this
Court charged by the law with the per-
formance of certain duties, accused of
fraudulent conduct, and conscious
violation of law is serious matter.
The question is not, in my judgment,
important whether it is a conscious
or an unconscious violation of law,
if a violation. The statutes of this
state provide just how the grand jury
shall be drawn to be valid. and the
same shall be invalid if drawn in any
other way. 1t may be said that these
defects in the drawing of the jury are
not serious; not such as will prejudice
the rights of these defendants. 1t
simply opens the door to unlimited
license to officers who are entrusted
with the drawing of juries, and the
result is, if one man can be added to
the list of jurors, or three men cah be
omitted, then any number may be adj
ded or omitted, and the making of the
list for the selection of the grand jury
will be left absolutely to these officers
who may deviate from the statutory
provisions at their will. and may select
such men as they see fit, governed by
their own prejudices and feelings, and
the liberty of the people will be placed
absolutely at the mercy of such officers.
have no hesitation in saying
that the jury drawn in this
case is an illegal jury, and that these
indictments must be quashed. They
therefore are quashed y reason of the
Irregularities in the drawing of the
jury. However, in setting aside these
indictments. the state has certain
rights. These are not incurable de-
fects. If these men are guilty of the
crime charged against item, the state
has the right to bring them to justice.
1t is now ordered and directed that
these matters now pending before the
Court be submitted to the next grand
jury to be drawn and impanneled i'll
this county. namely: the grand jury
which has been ordered for the present
term of Court, in order that full justice
may he done.