Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-03-26
MOTION TO QUASH.
The Indictment Found Against
Trustee Montague Of
the Asylum.
On the Ground Of lrregularity
of the Entire Jury
Panel.
Juror Peter Albrecht Not a
Citizen and Speaks No
English.

SnRIISns
The case Of the state against Trustee
Alexander Montague for committing
the crime of voluntarily becoming lndi.
vidually interested in certain contract"
made with the North Dakota hospital
for the insane, and who was
both indicted and accused Of this crime
by q grand jury called at the request
Of Gov. Allln, was heard Saturday in
the district court. Judge Templeton, of
Grand Forks, was called IN by Judge
Rose to hear the argument. A motion
was made to quash both the Indictment
and the accusation for the reason that 1t
was the first opportunity they had OF
challenging the panel or any individual
member of the jury.
The objections to the entire panel
were that the list from which the grand
jury was drawn was not selected in the
manner provided by law; no jury list
was selected prior to the drawing of the
grand jury as the law requires-uaere
were not 200 names IN the box; the city
did not furnish any of the names, and
the entire list of names was furnished
wholly before Jan. by the county COM
missioners ana not under the provisions
of the code. A challenge was interposed
to Juror Peter Albrecht, charging that
he was not then and is not now citizen
OF the United States, and that he was
and ls not familiar with the English
language az used IN court.
An affidavit in support of the state
merts in regard to the jury was pre-
sented from Edgar w. Camp. who stated
he was present and witnessed the draw
ing of the grand jury. The drawing
took place in the Office of the clerk Of
court from list of names pr oduced by
the clerk; the list was not revised or II
any way changed after Jan. l.; the list
contained but 166 names and not 200, as
the law requires.
An affidavit OF Jacob Yeager reclted
that Peter Albrecht, member of the
grand jury, is not citizen OF the United
States and was not acquainted with the
English language.
1t was also shown by Attorneys Glas-
pell & Ellsworth and E. W. Camp, who
appeared for Mr.. Montague, that, from
the records in the Office of the clerk of
court, Peter Albrecht had made his
declaration of intention to become q
citizen of the United States only; that
Albrecht was born in Russia IN 1867,
and came to the United States in May,
1893, landing at New York.
Attorney Glaspell directed his argu-
ment principally against the juror.
Albrecht, who was incapacitated both
by being an.alien and also by his lack Of
knowledge OF the English language, as
used in our courts, to serve as juror.
He made the point that man could not
be considered citizen until he was not
only citizen OF the state in which he
resided, but q citizen OF the United
States as well-which this juror was not,
having only declared khis intention OF
becoming citizen and not yet having
renonnced allegiance to the czar OF all
Russia. Mr.. Glaspell cited numerous
authorities and decisions in support OF
his position and made this the principal
line OF attack on the jury.
The argument Of Attorney Camp
showed that the entire grand jury panel
was defective and quoted the law In the
revised code, which explicitly states how
said jury is to be drawn. The board OF
county commissioners, be said, was re-
quired to apportion to the city Of James,
town it's pro rata Of the jury list The
county commissioners were authorized
to draw from the body of the tax payers
Of the county 100 names, and the city OF
jamestown was to select the balance Of
the 200. The board of aldermen were to
select the list Of names from the city.
The old list from which the jury was
drawn was drawn before the code went
into effect and was drawn entirely by
the board OF county commissioners, with
no reference to the city whatever. The
city never had an opportunity to select
any share Of the list OF names.
States Attorney Conklin, who with
Attorney General Cowan, appeared for
the state, dwelt at considerable length
on the meaning Of "citizen" as described
and interpreted in law. He said it was
the right and duty, ss prescribed by
law. OF anyone who had reason to be-
l,eve they we're about to be indicted by
the grand jury to appear at the time the
jury was lmpanelled and object to any