The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-11-28
# It BROKE HIM Up
Cause of Failure to Get Jury
in Doran Case.
ALL JURORS SAY mo"
To Question: Would You Favor
Verdict That Breaks a Man

The Doran bond case, for which the
court is having such hard time to secure
a jury, promises to be the meanest and
most tiresome legal battle every fought
in this county. In the first place, some
think there is a possibility of not being
able to secure a jury at all, under the
new jury law, for the reason that the en-
tire list of names in the jury box may be
drawn and used before the challenges to
which the defendants and the state are
entitled, are all used. There are eighteen
dfendants in the case. each being en-
titled to three challenges, according to
the ruling of Judge Dale. This would
make ifty-four challenges for the defend
ants. Then the state is entitled to as
many challenges as all the defendants,
which would make fifty-four more, or los
challenges altogether. So far both the
regular panels Of the September and jan
uary terms have been used, together with
two special venires of fifty each. Out of
this entire number only twelve chal-
1enges, it is said, have been exhausted.
The list of names to be drawn for the
May term may be added to the box to be
drawn from for the special venires which
may be necessary, and after this, if the
drawing for the special venires takes out
all the names, the case will simply have
TO stop, for, in the opinion of Judge Dale,
the Adams law does not provide the
means of securing a jury further than
this.
The sheriff had six teams out securing
The county yesterday to serve subpoeneas
for the last special venire Of seventy-five
names ordered Saturday. He thinks the
jurymen will be able to report this morn
ing ats o'clock when the tiresome ques-
tioning viii again proceed. Deputy
Sheriff Dunkin said the serving of the
other special venire subpoeneas averaged
a cost of only 6S cents per man subpoen-
aed. This is considered very reason
able.
The work of selecting a juryman is very
discouraging to expeditions business in
this case. First the man is called into
the jury box. He may pass the muster
OF the first attorney who questions. but
when the next one gets to him he is
quickly challenged and turned loose; or
possibly he may go the rounds of the
seventeen defendants taking a great deal
OF time, and then falls down at the last
defendants door by the fatal challenge.
The sympathy of one man for another
is the great stumbling block in the way
of securing a jury to try the bondsmen Of
Doran. 1t furnishes an example of the
Inconsistency and uncertainty of a bond
of this kind said a prominent official
yesterday, and exhibits a plain need Of
the surety bond for all officials entrusted
with large funds. A surety bond, scarcely
ever gets into the courts in the manner
in which the Doran bond is now en-
tangled and the surety companies would
get no mercy at the hands Of judge or
jury In this case it is very hard to get
q juryman to say he will render verdict
that would bankrupt his neighbor or his
fellowman. Invariably they say firmly,
in answer TO such a question, Il might
render verdict on the evidence if it were
for a hundred dollars or so, but I would
not render such a verdict at all, if l
thought it would bankrupt the defend
ant" Of course Judge Dale at once tells
him to step aside.
This suit is brought against the signers
OF the first bond given by Doran, under
which he is accused of having dcfau,ted
to the amount of about $4,000. The
shortage vas not discovered until after
Doran had served his second term. and
his books had been examined by II. f.
Patterson the expert accountant. The
discovery created the greatest sensation.
Doran had died before the discovery was
made. and was beyond the pale of the
law. His friends laid the condi-
ton Of his accounts to the fact that he
had been too good TO his friends, and had
made loans that were unsound and could
never be redeemed in time to apply on
the great mistakes he had made while
administering the office of treasurer The
bondsmen are said to be the best men
morally and financially in the county.
and suit was brought against them to
collect the amount Of the shortage. They
are resisting it is said. on several
grounds. chief among which is the statute
OF limitations barring the county from its
claims Another defense which is said
they viii make is that D2ran never signed
the bond with them. These and all the
technicolities of law and procedure will
be brought out and fought over by the
numerous attorn Us iatere, in the case
Lawyers already say .lat in case the
verdict is rendered against the defendants
a this trial. the case will be appealed
and then probably carried to the supreme
court all Of which proceedings viii rep
resent an enormous cost
The trial of the case If a jury IS Sc
cured. will occupy several days and prob
ably weeks. Besides the questioning Of
the witnesses. there are eighty-six pages
Of the pleadings in the case to be read 70
the jury and Judge Dale's instructions
will he leng.hier and take longer 10 read
than any other Instructions he has prob
ably ever read 10 a jury. Each defend
ant viii bring out some special point per-
tanning 70 his own connection with the
bond and his particular part in the case
which Will necassitate an explanation Of
a particular point Of law bearing upon it.
and these the judges will have to put in
his instructions separate from the gen
eral instructions Take # all in al. il is
said there has probably never been such
a case in the courts Of Kansas as this
viii be.
ANY Old SORE.
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eiStS