The Washington times., 1901-07-13
THE BONNIE INDICTMENT.
A Formal Charge of Murder En-.
tered Against the Prisoner.
Held to Have Caused the Death of
James =. Ayres-The Grand Jury's
Conclusion in the Kenmore Case
Views of Lawyers for the Defence.

James =. AyreS-The Grand jury =
Conclusion in the Kenmore Case
Views of Lawyers for the Defence.
In its report made 10 Justice Hagner,
presiding in Criminal Court No. 1, yes
terday. the grand jury returned an in
dictmcnt charging Lola Ida Bonine with
the murder Of James Seymour Ayres at
the Kenmore Hotel on May 10 last
As soon as the Indictment was returned
some persons questioned its validity fer
the reason that they believe the indict-
ment should have cited that it was James
Seymour Ayres -'jr. who was killed The
'jr.' is. however. in law not considered
as part Of a persons name. and 50 Is not
considered a necessary part OF the legal
verbiage Of an Indictment.
The knowledge that the jury would re-
port on the case caused the gathering at
the City Hall Of a large number OF peo-
pie who no doubt believed that some
thing sensational would develop in con-
nection with the matter. In this, how
ever, everyone was disappointed, and
after the report was submitted the crowd
soon left the building
The only matter Of interest which oc-
CURED in connection with the filing of the
report was the excusiug Of Juror Steele
by the court. As soon as the report Of
the grand jury was submitted, Assistant
District Attorney Taylor asked the court
10 excuse Juror Steele from further duty,
on the ground that he had secured en-
ployment in the service of the Govern
ment at the Washington Navy Yard
Justice Hagner excused the Juror on the
ground that Government employees are in
eligible for jury service.
Whether this viii affect the validity Of
T--rr.
The fact that the juror was excused be
cause he has become q Government en-
ploye will no doubt cause the validity
OF the Indictment to be questioned Had
the juror been an Vmpoye Of the Gov
ernmeut at the time he was empane!ed
as a grand juror there is no doubt what
ever that be would be ineligible. and
therefore his endorsement Of the indict-
ment would affect it validity.
To a great extent the nature Of the
qualifications Of jurors especially petit
jurors was tested in the Funk case In
that instance the juror was of legal age
when he was summoned and entered upon
the discharge OF his duty. Before a YER
dict was reached however, the juror had
PASSED the legal age. siXty-five years,
and the court was asked to set aside the
verdict on the ground of the incompe-
}
on appeal to the Supreme Court of the
United States. which decided that since
the juror was qualified to act when he
entered upon the discharge of his duty
the verdict in which he participated was
valid.
The grand jury. however. IS differently
constituted from a petit jury and con-
sists Of twenty-three members. of which
sixteen Is a quorum and are competent
TO transact business. It does not require
this number, however TO return an in
dictment. An indictment may be return
ed by any thirteen members Of the grand
jury.
In this connection it was stated at the
office OF the District Attorney yesterday
that particular care was taken that there
should be no haw in the Indictment re
turned in the case. Some OF the testi-
mony relative 70 the killing Of Ayres was
submitted 10 the jury Al times when the
fun panel was not present. The evi-
dence was. however. afterward submitted
TO all the members. assembled together,
In order that they might pass upon its
weight
In speaking Of the validity Of the in
dictmeut, based on the suggestion that
the juror Steele was not qualified 10 serve.
Assistant District Attorney Taylor said
TO a Times reporter last night: The juror
was not disqualified The law stipulates
that a saIaried officer in the employment
OF the Government may he excused from
jury duty. but the circumstance that he
is an employe, whe-her he be salaried or
merely per diem enploye, does not
thereby disqualify him AS matter Of
fact. Mr.. Taylor stated he is informed
that the juror Steele has accepted a posi-
the closest enforcement Of the law he
would not be disqualified.
The grand jury completed the investiga-
tiOn OF such matters as was presented
10 it by District Attorney Ashley NJ
Gould on Thursday, and informed him
that II would make 2 report yesterday
before taking a recess until September
& next The jury assembled IN the con
sultation room at : =. m, and q few
minutes after entered the courtroom.
where it submitted its report to Justice
Hagner. Besides the Indictment IN the
Ayres case several others were reported. .
The text OF the Indictment reported
against Mrs. B0nine is as follows:
The grand jurors Of the United States
n and Tor the District OF Columbia afOTe
said upon their oaths do present. That
Lola lda Boniue. late Of the District Of
Columbia, on the l5th day OF May. in the
year Ot cur LOru 1871, and al the DiStl let
aforesaid. IL and upon one James Sey-
mOur Ayres in the peace OF God and Of
the United States. then ana there, being
1eloniously. wilifully, and Of her malice
aforethought did make an assault, and
that she. the said Lola Ida B0uiue, a Ger
tain pistol then and there charged with
powder and leadeu bullet which said
pistol sne, the said Lola Ida Bonine in
her right hand. and then and there had
and held. then and there felouiously will
fully and Of her malice afOrethought. did
discharge against and upon the body of
him, the said James Seymour Ayres and
that she. the said Lola ia Bouiue. with
the leaden bullet aforesaid out Of
the pistol aforesaid then and there bv
force Of the gunpowder aforesaid. by the
said Lola Ida BOnine discharged,
as aforesaid. then and there feloni-
ously. wiilfully, and Of her malice afore-
thought. did strike, penetrate. and wound
the said James Seymour Ayres In and up
on the left side OF the breast OF him the
said James Seymour Ayres, giving 10
him. the said James SeyTnoG Gr Ayres. then
and there with the leaden bullet afore-
said 50 as aforesaid discharged and shot
out OF the pistol aforesaid By her, the
said Lola Ida Bonnie in and upon tbe
left side OF the breast Of him. the said
james Seymour Ayres, one mortal wound
Of the depth Of six inches and Of the
breadth Of one-h7lf inch Of which said
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