The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-05
WHERE ARE WE AT?
The Jury List in the Last Levy an
Illegal one.
SUCH IS JUDGE HUCUS' OPINION
IT CAUSES a STIR IN THE LEGAL
WORLD AND BUoYs UP THE
HOPES OF THOSE IN THE TOLLS
OF LAw-pHE ORDER DOESN'T
NECESSARILY DEAL WITH ANY
THING BUT THE JURY.

The legal world was stirred up not a
little yesterday when Judge Hugus
handed down an order to the county COM
missloners, in regular session, to the eff
feet that the last grand jury was an iiie'
sal one. OF course, this coming in on the
heels OF the pleas in abatement filed by
John A. Howard. attorney in the liquor
cases, It gave food for reflection and all
day-chats in the corridors OF the court
house to lawyers, and TO persons that
were not lawyers, as well.
The order showed that persons in the
sea OF legal lore will grasp a straw as
eager and vehemently as the drowning
man in water will, To those the order
was honey sweet, while to those upon the
opposite shore 1t proved NORWOOD to
the core, but the result is just the same,
and 10 those who argued from cause to
effect, nothing OF the extraordinary could
be seen In the issuing OF the order.
The court holds that the list of grand
Jurors prepared by the commissioners at
the last levy term was not prepared Ia
conformity to the law. The law calls for
100 jurors, whereas the list consisted Of
$50 jurors. This is one error and the
other was the method of procedure. OF
course, chapter l57 OF the code, relating
TO grand jurles, Is long one and there
are many paragraphs covering proce-
dure in the matter. but nevertheless
there seems to be some lrregularity in
making up the list and hence the Illegal
lty.
The most important point In the order
and which Is OF great import TO some
persons Is, does the order declaring the
jury list an Illegal one. also mean that
the cases found by that jury, some OF
them disposed OF, while others are still
pending, to be Irregular and, therefore,
also ruled out? A query to high legal
authority on this score was answered by
him in the negative; or. In his own words
mot necessarily So"
The order as presented 10 the commits
sioners Is as follows:
1T appearing to the court that the list
OF grand Jurors prepared by the board OF
commissioners AZ the last levy term OF
said board was not prepared in conform.
I1ty TO the law, the requirements Of chap
ter l57 Of the code relating to grand
juries,
1T is therefore ordered that the said
board Of commissioners OF Ohio county
do at It's first regular meeting after the
entry OF this order prepare and present
new grand jury list conforming In mum.
Der, qualifications, apportlonment and In
other respects TO the requirements of said
persons on said list, to the clerk OF this
court. in the manner and form. and as
provided in said chapter i57; and the
ballots containing the names OF the per-
sons in said list 10 the clerk OF this court
In the manner and form, as provided In
said chapter l57 And the ballots with
the names OF the grand Jurors thereon
made out from the list prepared by said
board OF commissioners at Its last levy
term and herein adjudged not TO have
been legally prepared are hereby ordered
not to be used again And grand Jurors
for the remainder Of the year are to be
drawn from ballots herein directed to be
prepared"