The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-13
WINDISCH MURDER TRIAL.
MIR. Lcnnhan Springs Sensation by Nov.
ing to Qunsh the Indictment.

MIR. Lcnnhan Springs Sensation by Nov.
ing to Qunsh the Indictment.
Yesterday morning the Windisch
murder case came up for trial and John
T. Lenahan, counsel for Windisch, to
the surprise Of everyone, moved to
quash the indictment. on the ground
that it was not regularly drawn.
The points raised were that the clerk
of the courts had issued venire for the
drawing of a grand jury for September
sessions, 1885, without an order from the
judges, which was necessary. Further
that the venire Is drawn under the
name of Hon. Charles e. Rice, as presi-
dent judge of the court Of Luxerne coun-
ty, and dated July IS. 1895, while as a
matter of fact Judge Rice resigned as a
member of this court before that time
The third reason was that the seal of
the Quarter Sessions was used on the
venire to consider Oyer and Terminer
cases. and the jury thereby made a
faulty return on the indictment.
II. A. Fuller, assistant district attor-
ney, then spoke for the commonwealth
and both he and Mr.. Lenahan argued
at some length on the question. Then
the court sent for other venires, to note
the custom of signing them in the past
They were in Chief Clerk Norris desk
and he was in New York, called there
by the death of his sister, Mrs. Spec,
and his desk had to be broken open to
get the papers. The court took the
papers and adjourned court until two
o'clock, at which time he promised to
give his decision.
On the opening of court, Judge Wood
ward gave the. following decision:
We have considered the motion to quash
the indictment in this case and the motion
First-The absence of a special precept
or order for the drawing of a grand Jury
Is not of material Importance. in view of
tne iact that the standing rules of court
provide distinctly the times and terms of
the oyer and terminer and embrace an
order for the drawing of the grand Jury
for each of the said terms The rule ap-
plying here Is as follows:
Section of the court rules provides that
the term shall begin on the second Mon
day in September and the grand jury for
September. term shall be summoned to
meet rn,s on the first Monday of September.
This rule has been complied with.
Second-The venire Is issued in substan-
tial compliance with the act of assembly
and the seal Of the quarter sessions is suf-
fcient to validate the venire as a writ.
Hon. Charles Il. Rice on the printed form
after he had resigned his office as presi-
dent Judge Is clerical error merely, and
therefore amendable. We direct the writ
10 ne dIleHutu ny CTOSSlHS Out lnc name
of Charles f. Rice and the substitution of
the name of Stanley Woodward to the
same as president judge.
Fourth-The motion to quash the indict-
having elapsed since the finding the true
bill by the grand jury and the record
showing that the case was continued at
that term on motion of the defendant, The
motion to quash is denied
Windisch was then put on trial. He
11ln n md he or1r 80
choosing the jury began. Court sat
until o'clock at which time eleven
jurors wer drawn, as follows: +. w.
Roberts, John F. James, Adam
Schmauch, John Ayars, A. G.. Reisen-
weaver, John Damaker, G. b. Pritch-
ard. Adam Subnefski, Anthony Walsh,
Michael Carr and Henry Koehler.