The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-29
WHOSE TRIAL IS IT
JUDGE, HIMSELF, UNDER FIRE IN
THE OPENING of THE DREW
CASE.
THE SELECTION OF JURIEs
AND MANNER OF DRAWING NAMES
CALLED INTO CUES
-TION.
wIND-UP IN GooDNow CASE
Verdict of the Jury Expected This
MOrning-Neyys of the Mill
City.

The case of the state against Aid
Francis G. Drew began yesterday.
When the first juror was called, A M.
Harrison, on behalf of the defense, OBJ
jected to the panel, and proposed to
show that it was irregularly drawn
With this object in view, witnesses
were called from among the county Of
ficials, and a preliminary trial COM
menced
1t was apparent from the first that
the attorneys for the defense were con-
templating an impromptu trial of
Judge Smith for his action in connec-
ton with the drawing of the jury list
Section 561l was shown, being the stat
utory provision for the drawing of jur-
les in Hennepin county, which provides
that one or more judges, with the coun-
ty auditor and register of deeds, one
or both, shall meet some day in March,
and there, from the qualified voters of
the county, select jurors
Clerk of Courts Dickey was first
sworn, and told how the lists were
handed to him to be copied Judge
Smith had handed in a list, and Judge
Belden had also given him one to be
handed in to the jury commission Re-
garding the completed list which Mr.
Harrison had demanded the right to
inspect, the witness said that he had
refused upon order of Judge Smith,
and that upon consultation with Judge
Smith, afterward, the judge had said
that Mr.. Harrison could proceed by
mandamus if he desired. Mr.. Harri-
son insisted that his rights had been
interfered with, when he was refused
an inspection of the list
Frank c. Metcalf was next sworn
He had been informed by Judge Smith
that the jury was to be drawn, and
had been told at the same time that the
judges had selected the names from the
| city directory and that he and the
county auditor might select 200 names
from the country. He had not been
present at the selection, but w H. Gil
patrick, one Of his clerks. had been.
Otto Langum sWore that he was present
during the arrangements of the lists and
had selected 200 names from the country.
All the other names were taken from lists
handed in by the judge. He had heard
Judge Smith tell Mr.. Minor that he could
have the selecting of the names of 200 from
the country. Judge Smith did not take
list.
AFTERNOON PROCEEDINGS.
After the noon recess Gus NJ Wing Off
cial reporter for Judge Smith, testified to
having written list of names for the judge.
He identified a list Of eleven pages as be-
ing those handed in by Judge Smith. Otto
Langum was recalled and asked If Judge
Smiths list was discussed at all.
mo, sir, he said. Judge Smiths list
was accepted as whole. There was no
discussion over it.
w. H. Fitzpatrick, clerk for the register
of deeds, testified that he was present only
at intervals. He had taken list of names
there from Mr.. Metcaf, which was refused.
1t developed that there had been a row
over the jury list patronage. The witness
had refused to act as clerk for the COM
mission if his names were not to be used
and it was only after instruction from his
employer that he had officiated in any ca
pacity.
Judge Jamison became judge, jury and
witness in the when he was sworn.
He had handed in a list of names, but had
not been present at the time Of the making
up of the large list. Judge Jamison explained
that each judge was supposed to hand in
a list of $50 names, which, combined, should
make the total list.
Judge Simpson was the next witness. who
admitted having handed in a list of $50
names. He had selected them from the Twin
City Blue Book and the city directory. About
so of the names were suggested by Messrs.
Smith and Purdy, assistant county attorneys
Judge Russell was sworn as a witness, and
gave the most positive testimony. He swore
that the lists were carefully canvassed by
the board, and that many names were thrown
out because the parties were not proper ones
to serve upon jury. He had not seen the
list since it was certified to, however. Mr.
Harrison made a long argument relative to
the manner of drawing the jury, and tried
to show that the law had not been lived up
to by the PARTIES taking charge of the affair
Judge Jamison, however stated at the close
that the manner of fixing the list had been
selected. on,y after mature elaboration, and
all the judges had said that the system
used would be legal, he felt that he would
not be called upon to hesitate He found
the challenge not true
The balance of the afternoon was taken up
in the calling of members of the Jury and
just before adjournment George w. Bland
contractor, from the Third ward was sworn
! to try the case. 1t decided that the
! jury should be kept together, to guard against
any trouble, and Mr.. Bland was obliged to
| he nlared in charge of the sheriff