The daily sentinel., 1899-01-10

The county court was the centre Of
interest today, on account Of the announ
sement OF the trial Of the cases, twenty
six in number against the owners Of
property rented for bawdy house purpos
90 and against the inmates thereof.
When court opened this morning and
the venire that had been summoned by
Judge Sullivan had been presented to
the district attorney,it was evident at
once that there was something disturb
ing the serenity Of his honor. He, after
an examination Of tho venire asked the
court for postponement OF the case
until this afternoon.
The case was called this afternoon,
the first one on the docket, it being the
case Of the People against Emma How
ard. At once the district attorney Mr..
McMullin created somewhat of sensa.
ton by offering a motion to quash the
venire.
In support Of his motion he set forth
four reasons; as follows:
First: That the court had no power to
issue special venire for jury for the
term.
Second: Because the court had no
jurisdiction in the matter.
Third: Because tho return shows that
twenty jurors have been summoned ~
talesmen, and not as required by the
law from the body Of the county. with
due regard to their qualifications ~ citi-
zens and taxpayers.
Fourth: That the sheriff OF this coun-
ty, by reason OF partiality, prejudice and
interest to the defendent did not faith
fully perform his duties in regard to
summoning said jury or panel and in aid
of this motion, and as part OF which, 10
hereto attached the affidavit OF 8. g.
McMullin duly qualified and acting dis
trict attorney.
In the affidavit OF s. G. McMullin he
sets forth that there are twenty six i'm
portant cases set for trial at this term Of
the county court and that said cases are
Of great Importance as affecting the
morality and welfare OF the city
He states further that the sheriff, al
though having ample time has summon
ed all the jurymen from this city, and in
many cases they are men Of business
and that they have relations coming
through the channels Of business with
the people concerned in these suits.
He believes that the sheriff has been
prejudiced and that he should have &C.
cured the jurymen from outside the
limits of the city or at least portion OF
them, but that all OF them, with one ex-
ception are residents Of this city.
The main argument made in the affi-
davit was that that the sheriff should
have secured his venire from the regular
panel containing two hundred names,
certified to the board Of county commits
sioners come time ago and that he had
no right to go outside OF that panel to
secure jurors for the regular term OF the
county court.
AS stated further that number Of
the panel were not qualified to sit as jur-
ors. they not being taxpayers
Attorney Wheeler for the defense con-
tended that the jury was drawn proper.
ly and combatted the idea that there
had been any intent on the part Of tho
sheriff to secure venire whose personal
interests were attached to those OF any
Of the defendants in the cases about to
be tried. Very little law, however, was
presented by him, which contradicted
that presented by District Attorney
McMullin.
The district attorney closed the argu-
ment on his motion and made most
excellent plea for quashing the venirs.
At the conclusion the court ordered .
recess taken while he looked up tho au
thorities presented.
The court quashed the venire which,
under the circumstances, was eminently
correct.
nREaa pATTERk auVEN A~AV