The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-18
WILL DISPUTE GRAND JURY.
CARTER CASE DEFENDANTS IN NEW
YORK DISSATISFIED.

They Don't Like the Way in Which
the Jury Was Drawn-Say the OBJ
lection of the Court to Having
Savannah and Other ConSt Jurors
Renders the Finding IHeRal-Mar-
shall Barnes and Deputy Clerk En-
win Have Been summoned to New
YOrk-JudGe Specr Has Already
said That This Course Was Equiv
aIent To Change of Venue in the
state Courts.
Marshal j. Nj. Barnes and Deputy Clerk
l.. NJ. Erwin OF the United States Circuit
and District Courts for this district have
been summoned before United States
Commissioner Shields in New York,
in the trial of the pending preliminary
cases against Col John +. Gaynor and
the others charged with participation in
the crimes by means Of which ex-Capt.
Oberlin NJ. Garter succeeded in swinding
the government out of several millions of
dollars.
II is somewhat difficult to surmse just
what reasons impelled the counsel for the
defense to have the witnesses named sum
moned to attend the hearing at New York,
the only explanation being that they are
to be called upon 10 explain the manner
IN which the federal grand jury, by which
the indictments We're found. was drawn
by the court Marshal Barnes and Dep
uty Clerk Erwin are thoroughly familiar
with the facts OF this particular segment
of the case against Carter and his alleged
accompices.
1t is thought that the objection to be
made TO the grand jury by which the in
dictment was found will be that it was
made up of citizens of the interior coun-
ties of the district, and that citizens of
coast counties were excluded. While this
is only surmise. it is borne out By the
facts and circumstances of the case to
which other than the portion relating to
the drawing of the names of the members
of the grand jury, Messrs. Barnes and Err
win will not be competent witnesses.
The grand jury by which the alleged
conspirators were indicted was drawn
from the counties of this district furthest
distant from the coast, to the end as ex-
planned by Judge Speer, that the members
OF the important body so chosen should
not be affected by any bias for or against
the defendants against whom charges
were to be brought. In his farewell charge
to the members of the grand jury, Judge
Speer stated that this action had been
taken intentionally, so that there would
be no possible imputation of unfairness
under which the grand jurors would have
TO labor. 1t was thought at the time,
known That the people of Savannah,
or such part of them as would be
eligible for selection as grand jurors,
were ardent partisans on one side of the
case or the other, that it would be wiser
to draw the grand jury from counties not
similarly affected by a spirit of partisanry,
and this course was finally adopted and
followed That it has not proved salts
factory TO the counsel for the defense is
evidenced by the determination to bring
its correctness in question before the COM
missioner
In his charge to the grand jury, Judge
Speer discussed the very point at issue.
He declared that while in the state courts,
whenever it was thought that injustice
would result from the trial of indicted
defendants in a certain county, that the
law provided for a change of venue, so
that the apparent unfairness and Partially
might disappear. In the United States
Courts, so Judge Speer stated, and under
similar circumstances, il was usual and
proper to select the grand and petit jurors
from section of the district not imme-
diately adjacent to the section in which
the crime charged was alleged 10 have oc-
Cured, thus securing an impartial and
unbiased jury, to try the merits of the
case.
The outcome Of the expected examina-
ton of Marshal Barnes and Deputy Clerk
Erwin will be watched anxiously by the
very many persons who are interested in
the case against ex-Capt. Carter and his
alleged fellow conspirators. The local ex-
perts on the case believe that the action
of the counsel for the New York defend
ants is play for wind solely and sim
ply, and hence are not very uncertain as
to how ii will turn out.