Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1902-03-28
HOLDS GRAND JURY INVALID
Judge Baxter Practically Nullifss Over
Two Hundred Indictments.
SLOT MACHINE CASES GO GLlNMERlNG
Court Finds That Drawing of Grand
Jury Was Partly Under One
Law and Partly Under
Another.

Acting under the instruction Of Judge
Baxter. a jury In criminal court at o'clock
yesterday afternoon returned a verdict in
the Hill case that makes II possible for
about 25O Of the 800 indictments returned
by the last grand Jury to be knocked out
by the indicted parties simply filing pleas
in abatement.
Among these are about 200 slot machine
proprietors and their worry is practically
at an end 1t is thought to be the determi-
nation of the county attorney to prose-
cute all the other fifty parties indicted, but
not yet tried, and should all these choose
to avail themselves Of the opportunity at-
forded by this decision they can make II
cost the county between $1,000 and $500
to get the cases started through the justice
courts and back to where they are at
present. In addition to this there would
have 20 be included, in figuring what the
decision costs the county, the expense
incurred by the grand jury during the time
it devoted 10 the preparation of the in
dictments which are now affected. In view
of the fact that the total cost Of the sixty
four days sitting was $4,2S9.S0, this factor
must be conceded to be no small one.
Judge Baxtcr's Decision.
Briefly stated, the decision is the result
OF W0dI JuOBe baxter tOuslutES ldlluio
on the part of the Board OF County Com
missioners to comply fully with the new
jury law, which went into effect and super
ceded all other laws February 1, 1901. The
boards erring consisted in its failure to
meet and prepare and adopt a new jury
list after the new law replaced the old one.
Instead, it was shown to have adopted
list Of January 8, or three weeks before the
new law went into effect, and then per-
mitted that list to stand.
1t was from this list there were drawn
on August % by Judge Baker, Clerk Broad
we'll of the district court and County Clerk
Haverly the names of the men who made
up the grand jury that returned the in
dictments, the drawing being conducted
under the provisions of the new law, while
the list had been compiled according to the
old law. Commissioners Hofeldt and Harte
testified to these facts.
Under the Old Law.
Under the old law the names of grand
Jurors were selected by the county COM
missioners and the attorneys for the Hills
insisted that the grand jury must be con-
ceded by the state to have been created
under either the old or the new law, and
because the jury had bsen undeniably drawn
under the new law the state was forced
to take the ground that Its entire process
OF creation had been under the new law.
Then the Hills attorney attacked the
method by which the list had been
adopted, or rather, failed to be adopted,
and Judge Baxter held with them that the
board had not fulfilled the requirements of
the law in spirit and letter, and directed
the Jury to find verdict for the defense.
The case was entitled State against
George and, Charles Hill. indicted on a
charge of selling liquor without license.
Their counsel filed plea in abatement ana
Assistant County Attorney Elmer Thomas
had it tried to jury, which is the first
instance in many years OF a plea being SO
tried in Douglas county.
Jury Has Little TO DO.
When it came up for hearing yesterday
special venire had been drawn from the
new jury list and ten more specials"
were rushed in yesterday during the noon
recess. But the twelve, when finally Sc
cured, had little to do, for within three
hours the judge gave them their instruc-
tion to fad for the defendant, and the case
was at an end by $3.50.
Its effect, however, is so farreaching
that the full result will not be known until
those parties indicted, but not yet tried,
tell whether they intend to stand trial on
the indictment or to file pleas in abate-
ment, forcing the county attorney to nolle
the cases and begin prosecution anew by
filing complaints and bringing them up
through the justice courts.
Attorneys who have been watching the
case, including counsel for the Hills, say
they do not anticipate that this will or
can affect those fifty or more indicted
parties who have been tried already and
sentenced or. liberated.