Birmingham age-herald., 1895-04-12

For several weeks rnmors affecting one of the county commissioners have been in circulation aud when the present grand jury was organiz ized last week they began an investigation, the result of which was reported to Judge Greene of the criminal court yesterday afternoon, in the follow- ing communication:
 STATE OF ALABAMA, |
 JEFFERSON COUNTY,
 We, the grand jury, empaneiled and sworn at the April term, 1895, of the crini- nal court of Jefferson county, have inyesti- gated and made diligent inquiry concern ing lhe alleged misconduct of James l.. Nail, who is a duly elected and qualified county commissioner of the First Commis- sioner's district of said county, exercising and discharging the duties of that office, and in addition thereto and by reason of his holding said office of county commis- sioner he exercises and discharges the duties of jury commissioner of said county and Me find ,Icharge and report:
 1. That the said James l.. Nail, during the term of office as such jury commis- sioner and while exercising and dscharg- ing the duties of sad office, did corruptly and unlawfully agree with Dick Burnett, who was then under bond to await the action of the grand jury of the criminal court of Jefferson county upon charge of keeping or exhibiting gaming tables or devices, upon a mittimus issued after ex- animation upon said charge by the recorder of Birmingham, that if he, the said Bur nett, would pay to the said Nail S50O, thai he, the said Nail, would prevent, or would use his influence 10 prevent, an indictment being found and presented against the said Burnett for exhibiting or keeping gam ing table by the grand jury of sad county, or by the grand jury impanleled. for the criminal court of Jefferson county.
 And we, the grand jury, show and charge that said James l.. Nail WAS at the time of the drawing Of the venires of the grand juries not yet then empanelled in Jeffersou county, and in the criminal court Of Jeffsr4 son county, a mem Der of the jury commis. sion which drew and selected said vehires of said grand juries, and that he has ever since been member of said jury commis- sion, so drawing and selecting the veuires of all grand juries empanelled in Jefferson county, and In the criminal court of Jeffer- son county.
 2. That said James l.. Nail, during his term of office such jury commissioner, and while exercising aGd discharging the duties of such office, did unlawfully and corrup pity receive from Dick Burnett an un- due reward, to-wit: S25; in consideration of the receipt of which said reward and in consideration of promise then and there made by the said Burnett to pay to the said James L. Nail an additional sum of money, to-wit: $175; did promise and agree that he would procure his acquittal or that he would uSSlSL III procuring ms acQulCLdl OI a charge of felony, to-wlt keeping or ex- hibiting a gaming table, then pending against the said Burnett in the criminal court of said county; and that the said James l.. Nail further agreed with and promised the said Burnett that he would repay the money then or thereafter paid provided he did not secure the acquittal of said Burnett from said charge.
 Second s. And we, the grand jury, fur ther find, charge and report that in further ance of this corrupt and unlawful agree ment so made between James l.. Nail and Dick Burnett and in consideration of the money so corruptly received by the said James L. Nail from said Burnett, and in consideration of the money so corruptly promised to be paid by the said Burnett to the said Nail, that the said James L. Nail, before the venire for the week during which said Burnett was tried, or was to be tried, had been made public, did procure or pre- pare copies of the venires selected and drawn for the trial of causes in the criminal court of Jefferson county, and drawn by the jury commission, of which said Nail was at the time of the drawing a mem Der, and with the said Burnett and his att orneys of record in said criminal cause pending against him, did corruptly and unlawfully counsel and advise after examination made of said venire by said Nail and Burnett and his attorneys of record as to which venire that jury could be selected, from which it would be best for said Burnett to be tried
 
 before.
 And we, the grand jury, further find, charge and report that the said James l.. Nail, Dick Burnett and Burnett's attor neys of record did agree upon venire then drawn and to be summoned and empauelled for the court week beginning on Monday, the 18th day of May, 1894, in the criminal court of Jefferson county, in which week, to-w wit: on the 18th day of May, 1894, the trial of the case against the said Burnett on Aol,o vpa to- wit: the 18th day of May, 1894, the trial of said case was actually begun, and that the jury which tried the case against the said Burnett was selected from the venire so heretofore agreed upon by the said James l.. Nail, Dick Burnett and his attor- neys of record, and which said venire was drawn and selected by the jury commission of which, at the time of the said drawing, the said james L. Nail was member.
 8. That said James l.. Nail, jury com missioner Of said county, while exercising and discharging the duties of such office, did uniawfully and corruptly agree with Dick Burnett that for and in consideration of the payment of to-wit: One hundred dollars then and there paid him by Dick Burnett that he would prevent an indict- ment being found and presented against Chas, Graham for the offense of keeping or exhibiting gaming table by the grand jury of said county, or by the grand jury em- panelled for the criminal court of Jefferson county; and that the said James l.. NaA, while a jury commissionerof said county, exercising and discharging the duties of such office, did unlawfuliy and corruptly agree with Charles Graham that he would ins consideration of the sum of Sl00 heretofore. .curruptly received by the sad Nail from the said Burnett, prevent the finding of an indictment against Charles Graham for keeping or exhibiting gam ing table by the grand jury of said county, or by the grand jury empanelled for the criminal court of Jefferson county; and we, the grand jury, show and charge that the said James L. Nail was at the time of the drawing of the venires of the grand iuries not yet then impanelled in Jefferson county, and in the criminal court of Jeffer- son county, mem Der of the jury commis. aion uv jct drew and selected aa i'd venires