Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-05

COurt-The Result Will Be That
About Five Hundred Indictments
Returned Last Month Will Fail.
People Who Have Pleaded Either
Guilty" or Not Guilty" How
ever, Will Have to Abide by the
Issue Thus Raised With the State.
An extremely interesting piece of
news issued from the office of the Clerk
of the Criminal Court, yesterday.
1t was in the shape of an order made
by Judge Hugus, of that Court, as Of
Saturday, October I'd, the effect of
which is that the late grand jury
of the Criminal Court, which returned
seven hundred and odd indictments
at the September term, was unlawful
ly constituted. and directing that the
list from which said jury was made
up be destroyed and new lists pre-
pared for the future uses of the Court
at subsequent terms during the present
year. This mandate of the Court has
been carried out, the Board of COM
missioners, at yesterdays regular ses-
sion, having prepared new lists of
jurors.
The news of the action of the Court
naturally created a sensation, partic-
ularly among those who were indicted :
as aforesaid, and some vain regrets
were expressed by minority Of those
indicted, at having been in such a
rush to plead guilty IS to a portion of
the presentments, while there was cor
responding citation among those who
had refused to plead and who elected
to combat the validity of the jury ana
it's findings.
The result of the order of Judge
Hugus. in nutshell, will be that
those who pleaded either guilty" or
mot guilty" upon indictments found.
will have to abide by the issue thus
raised with the State, as in making
such pleas they waived all minor ques.
lions, while those who have entered no
plea, but who rested their cases upon
the pleas in abatement Submitted 20
the Court by Hon. John A. Howard
and Hon. S. G. Smith. will escape any
punishment they may have merited.
The order made by Judge Hugus has
probably settled the whole matter in
this way, although there may be some
delay and the observance OF some
formalities before the result here in
dictated is officially made known.
The order of Judge Hugus. above
referred to. is as follows:
1T appearing to the Court that the
list of grand jurors. prepared by the
Board of Commissioners at the last
levy term of said Board, was not pre-
pared in conformity to the require
ments OF chapter 157 of the Code, re-
lating to grand jurors.
ut is therefore ordered that the said
Board of Commissioners OF Ohio coun-
ty do, at its first regular meeting after
the entry of this order, prepare a new
grand jury list conforming in num-
bers, qualifications, appointments and
other respects to the requirements of
said chapter 157, and to transmit the
ballots containing the names of the
persons on said list to the Clerk of the
Court, in the manner and form, and as
provided in said chapter 157: and the
ballots, with the names of the grand
jurors thereon, made out from the list
prepared by said Board of Commits
sioners at its last levy term, and herein
adjudged not to have been legally pre-
pared, are hereby ordered not to be
used again, and grand jurors for the
remainder of the year are to be drawn
from the ballots herein directed to be
prepared"
The new list of Jurors prepared by
the Board of Commissioners were
acted upon officially by the Board a.
yesterdays session. The list embraces
one hundred and fifty names. as re-
quired by the Code In some instances
members OF the Board took the old
lists, revised them and cut them down
to the proper limits, while in other
cases new lists were prepared. The
new jury viii be drawn strictly in ac-
cordance with law, and 1t Is pretty safe
to say that hereafter there will be a
due regard paid to the statutes OF the
State governing this particular mat
ter.