The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-23
IS II IN ILLEGAL BODY?
Strong Endeavor to Knock Out
the Grand Jury
MAY BE IMPROPERLY DRAWN
Grounds Upon Which Motions to Set Aside
Indictments Are Made
Some County Officials Are Very Anxious to
Have the Present Investigating Body
Declared to Be Illegal
MAY BE IMPROPERLY DRAWN


degree, the regular effort is being put
forth to nnllify all of it's efforts. 1t Is
designed to virtually Quash everything
that the grand jury has done in the way
of digging into the extravaganza govern
ment of the county and city by 'navirs
the SAID grand jury declared an illegal
body.
This is an ancient, venerable aad time
honored method of getting rid of trouble
some grand juries. and it certainly looks
as though this grand jury was about to
demon strate the fact that it has done its
duty. at least in some cases. 1t is on this
account that those in official position
who now stand trembling and frightened
are so anxiods to have the jury declared
illegal.
1t is understood that in the case against
ex-Chiet Deputy County Clerk Frank
Lowry no defense OF the charge of en- 5ez
element will be made, but on technical
grounds Mr.. Lowry will seek to escape.
His attorneys viii endeavor to snow that
the grand jury is not legal body for the
following reasons:
REASONS FOR ILLEGALITY
That the body styled grand jury by
which said Indictment is found is not,
nor was it when indictment was found,
statutory or valid UT constitutional grand
jury.
That said grand jury was impaneled
from a list mace up OF persons whose
names appeared on the ballots drawn
from so-oalled grand jury oox, and said
persons, whose names thus appear on
said ballots, were not selected and listed
by majority OF the judges of the supe-
rior court. as required by statute.
That the said superior court aid not
in January, 1894, or January, 1895, make
an order designating the estimated num-
Der of grand jurors that would be in the
opinion of the court required for the
ransaction of the business of said court
during the ensuing year, nor at any
other time, as required.
That the said superior court did not,
Immediately after making said order DIES.
ignating the estimated mum Der of grand
jurors, nor at all, select and list the
grand jurors req uired by said order to
serve as grand jurors.
That the said county clerk of Los An
geles county did not receive list of
grand jurors selected as required By the
civil code, nor did said county clerk file
the same, nor write down the names con-
tanned thereon on separate pieces of pa
per of the same size and appearance, nor
fold each piece so as to conceal the name
thereon; neither did said county clerk
deposit the pieces OF paper having on
them the names Of the persons selected to
serve as grand jurors in a box to be
called the grand jury box, " nor did said
clerk generally nor in any particular
comply with his duties as required by
law.
That the names of the persons who
acted as grand jurors and found said in
dictment were not drawn from the grand
jury box.
Then. in addition to the above, the fol-
lowing grounds for challenge of panel
(marked A, G and e. would have held
good:
A-That the requisite number of ballots
was not drawn from the grand jury box
of the county.
C-That notice of the drawing of said
grand jury was not given.
The further ground for a challenge is
given (narked E):
E-That state of mind existed and
did exist on the part of each individual
posing said alleged grand jury at the
time of this impanelling and prior
thereto and at the time OF the charge en-
hraced III the indictment was investigated
by the grand jury, with reference 10 the
case ana to this defendant, which did
then and there prevent him from acting
in partialy and without prejudice to the
substantial rights of said defendant.
"a motion to set aside the Lowry IN
dlotment on about these grounds will
probably be maids.
THINKS IT LEG AL.
But Clerk Logan of department one
insists that the grand jury was properly
drawn. He says that the order for it was
signed by all of the superior judges and
that tn irty names were drawn from the
box. The San Diego grand Jury was de-
clared illegal because of the fact that only
twenty-four names were drawn from the
box when the law prescribes that not less
than twenty-five nor more than thirty
names shall be drawn. In Fresno coun-
ty the grand jury was declared off color
for the reason that an official OF the
county had been drawn on the grand
jury. In Fresno and in San Diego both
a OF of official rotterness had been dug
up and it was quite essential to the life
OF the ring in both counties that the
grand juIy's work should count for
nothing. That's Just what il did for the
body in both instances was demolished
by a teChnlCality.
Thus far nearly every indictment re-
turned by the grand jury in this county
has amounted to nil. The reason for it
10 very plain. The court held that the in
dictment were not properly dra wn. accord
ing to law. This is a sad reflection upon
the intelligence of the legal advisor of
the grand jury.
DOING THEIR DUTY
The grand jurors tn selves seem to be
inclined 10 do their duty. They are
largely governed and controlled by the
district attorney. The point as to whether
or not they are legal body should be |
definitely passed upon at as early date |
ss possible. Judge Smith has thus far |
lodged the point every time it has been |
brought to his attention. Yesterday the |
grand jury returned more indictments
One OF them was against the coroner,
alleging that he falsely swore to his ac-
counts-in other words that he commit
ted perjury. Now it remains to be seen
on what ground The coroner will seek TO |
clear himself. But in the meantime
watch the efforts OF the gang to overturn
the grand jury. They have got TO do it
or there Will be an upheayal before the
year is out if that body continues its re-
searches that Will cause some Of the big
gest sensations ever seen in this county.
The present CRANE Jury is com posod as
follows Gt will be noted it is made up of
substantial citizens): H. E. Storrs. w.
S. Andrews, ". s. Arnold, HARRINGTON
Brown, J. B. Brown, 2. b. Chase. l.. p.
Crawford, r. J. Dreher, W. II. Hoegee.
A. Fl. johnson, W. II. Kelso, J. ],
Morton, J. +. McComas, 6. X. Peck. e.
A. Prenss, r. b. level, ]. NJ. Stewart.
Thomas StovelI. A. L. NJ. Strong.
EoweTer much the grand Jury NAV
have created fear in the minds Of some
officials. il has not lessened the expense
OF the county government to date. Be