The herald., 1895-12-04
Validity of the Inquistion Called
Into Question
MAKING OUT A STRONG CASE
One Of the Members Not on the Assess.
ment Roll for l894.95
This, II Is Claimed, Is q Fatal Defect-The
Law on the Question-GeneraI
Court Notes

Smith as TO their qualifications to sit as
members of the inquisition. Messrs. Da-
Wis and Rush, the attorneys for George
Brady the man indicted for arson, it will
be rene IN bered, challenged the grand
jury on the usual statutory grouncs. 1t
was also alleged that there were ct least
two aliens on that body. and that Messrs.
Morton and johnson were disqualified,
the former because he held an office and
the latter because he was not on the as
sessment roll for 1895, which was the last
preceding his listing as a grand juror,
which was in January last. As anyone uf
these charges was sufficient to invalidate
the grand jury, it was for the purpose of
clearing the matter up that the mem bers
were brought into court.
The grand jurors, under the leadership
OF Foreman Stors, filed into the court
room ut l0:i5 o'clock. AT tnat time every
seat in the room was occupied. and quite
a number wsr, standin. up. Frank Z.
Lowry. ex-chief deputy county CLERK, un-
der indictment for EN- bezzlement, was
on hand, accompanied by his attorney.
Ed Meserve, while Frank NJ. Cherry, the
short hand reporter, under indictment
on half dozen or more counts for per-
jury, occupied a seat at the attorneys ia
BILE. George Brady, under indictment for
arson and whose case was the cause OF
the Investigation, sat ju't 5ahind his at
torneys, Messrs. Rusn anu Davis. Coro-
ner Campbell, indicted for pafjury, was
also present with his attorney. General
A. P. Campbell was also present but the
cd eh loo ri ~ bo
general to look after his interests. Quite
q nun Der of attorneys were on hand and
took deep interest in the proceedings.
Diatrict Attorney Donnell AMI Deputy
McComas represented the PEOPLE.
Foreman IA. T.. Storrs was first exam
ined, Attorney LIE Compile Davis doing
the questioning. Mr.. Storrs answered all
the questions satisfactorily, but gave his
inquIsitor a crumb of comfort by admit
ting that he was a notary public. Albert
f. johnson, who 1T was Claimed was not
on the assessment roll for 1S94-95, was
next. called. Mr.. Johnson Is worth 500,
600 or $50, 900. and has been taxpayer for
years. It. is alleged that he became
financially EN- barrassed two or three
years ago, and put his property IN his
wIfe's name. Mr.. johnson, when asked
il. he was on the assessment roll. re.
piled that he thought he VAS as he paid
considerable taxes. Mr.. johnson said he
sessment roll! for 1S94-95 or not; ne could
not give positive aJswer on this point.
john Jay Morton, who it was claimed,
was not on the assessment roll Tor lo9i-
90, was next called. MIR. Morton had no
difficulty in satisfying the court that he
was on the; assessment roll, as required.
He admitted, however, that he was a
road oveTseer, point which the attor-
neys made much of,as one of the conten-
tionu is that he is u county officer and
therefore could not serve on a body that
would have to pass on his own acts.
The examination continued, ali the
Jurors answering the questions satsfaCt-
oriily. The only other crumb of conf fort
fpi the attorneys was when ex-senator
J, II. McComas of Pomona, confess ed to
the soft impeachment OF being notary
public.
1t was almost the noon hour when the
last grand juror was Disposed of, and.
after getting slbpoenas for the superior
judges, Sheriff Burr, Assessor Summer
land aud others an adjournment was
taken until 2 o'clock.
When court reconvened Sheriff Burr
took the stand and detailed how the
mem bers of the grand jury had been sum
Doned. listed and drawn, and superior
Judges Mckinley, Van Dyke and York
testified as to the manner in which the
listing, ETC., had been done.
At this point Judge Smith said that
he was satisfied that all the proceeding
In connection with the forming of the
grand jury had been legally carried out.
and intimated that he did not desire to
hear anything further on that point.
The only point was whether Mr.. Johnson
was on the assessment roll for 1894 95 or
whether he vas not on such assessment
roll, would this be fatal defect and
thereby invaildate the entire grand jury.
Mr.. Davis argued that, under section Of
205 of the statutes and amendments OF
1898, the law was mandatory as to requir-
ing grand jurors to be- on the assessment
roll last preceding their listing. The
ianguarge was plain, and there was not,
in his opinion, any room for argument.
If it could be shown that Mr.. johnson
was not on the assessment roll for 1s94-95,
and they were prepared to show this by
proof, then he was not qualified to sit as
q grand Juror. and the law specifies he
mum bsr which shall constitute a grand
iury, if one mempe OF that body is in
eligible It invalidates the whole body.
TIE books, said Mr.. Davis, were full of
authorities on this point. The full text OF
section 205 OF the statutes of 1898, on
which thu challenge is based, is as fol-
lows:
'sThe selections and listings shall ba
made of persons suitable and com petent
to serve as Jurors, who are assessed on the
lass preceding assessment Toll OF such
county, or city and county, ana In max.
ing such selections they shall take the
names of such only as are not exempt
from serving, who are in possession oi
their natural faculties, and not intir0p
and decrepit, of fair character and sP-
proved. integrity aud vi sound Judg-
mem" .-,e... .-.|
Deputy District Attorney McComas
briefly replied. lie admitted that on the
face of it the statute appeared to bs
mandatory. Still ne thought that it was
the intention OF the legislature whom the
law was passed, to only provide for good
men for Jury duty. and that il they were
on the assessment roll when they began
to discharge their duties it was sufficient.
Mr., McComas hardly thought that to Q
point raised Was sufficient to invalidate
the whole grand jury.
Judge Smith was not prepared to &C
cent Mr.. MCComas' views. 1t was not u
question a. to the intent OF tho law
makers; it was purely matter of what
the law is, and how 1t is to be inter-
pretsd. t
Mr.. Davis then put Angel Romero. a
ssarcher OF records, on the stand. Mr..
Romero testified that he had made a
careful search of the assessment roll of
1s94-95. and that the name Of Albert H.
johnson was not to be found on it. His
name appeared ON the roll for 1886, but
not on the one for the previous year. d.,
Gepersl Campbell then briefly aCi
Dire ssed the court on the statute in ques-
tion, and '.close construction, arguing
that absolutely nothing was left foi
doubt. He thought the fact that Mr..
johnson did not appear on the assess
msnt roll for 1S94-95 was defect fatal to
the grand Jury.