The Savannah morning news., 1902-02-18
THE PLEAS ALL BAD.
(Continned fron1 Tenth Page.)

IN the Onlted states court 1OuSe III
Macon, in the presence of all the Of
ficers, who were by law required to
be present.
1T is said in the fourth plea that
no venire facias was issued by the
clerk of this court, nor any filed in
the clerks office of the Eastern division
until after the persons whose names
were drawn were summoned. 1t does
not deny what the court knows to be
true, that venire was issued by the
! deputy clerk of this court who has
| his residence at Macon"
The fifth ground is that after elimi-
mating the names of jurors from Chat
! ham and Glynn there did not remain in
! the jury box 300 names, as required by
! law. The opinion holds that all of the
/ names in the jury boxes of both Cir
/ cult and District Courts may be re-
| garded as the jury body from whom
/ the grand jury was selected, as under
! the law the jurors could be used in
! either court. but that even if only the
| District Court jury box be considered,
there were 300 names of qualified jur-
ors in that box.
No Jurors Disqualified.
"The fact that the court thought
proper to draw jurors from particular
counties, does not disqualify other jur-
| ors whose names are in the box who
are from other counties. Their names
are none the less in the jury box, and
must none the less be counted. They
are merely not among the jurors from
whom the grand jury in a particular
case is selected All that the accused
have the right to demand is a grand jury
of which every member shall possess
legal qualifications, and unQuestionably
such a grand jury was selected from
the names remaining in the box after
jurors from Chatham and Glynn were
! eliminated
Another ground was that jurors
from Chatham and Glynn were pecu-
liarly qualified to act in this case be-
cause of their familiarity with river
and harbor improvements. The judge
states that he passed the order direct
! ing that jurors be returned from coun-
| ties other than Chatham and Glynn
because ex-Capt. Carter, charged as a
co-conspirator here, had been tried Dy
| court martial in Chatham with regard
/ to charges relating to enormous eN-
| penditures of government funds in
Chatham and Glynn counties, that null
titudes of persons heard the testimony,
newspapers published graphic accounts
of the trial which, itself conducted
with all of the paraphernalia and inn
/ pressiVeness of q. military court-mar-
tial. had produced a profound effect
upon the public mind. Men had taken
| sides"
He continues: "In view of these
facts If was determined to choose from
the great body of merchants, bankers,
manufacturers and farmers from a
number of the law respecting counties
of the district high minded. jury,
which had neither formed nor expressed
/ an opinion, who were perfectly impair
tial, who would in the language OF
their oath. diligently inquire and true
presentment make as to the moment
Gus issues before the court
The Pleas Are All Bad.
In conclusion the judge states: After
exhaustive argument by the eminent
! counsel and careful consideration oy
the court. | am finally convinced that
the pleas are each and all bad. There
is pleading defective in substance ana
in form. The pleas set up no VOCATION
of any substantial right of these oe-
PENDANTS. They do not allege or init
mate that there was any un1alrhess
on the part of anybody. They do not
specifv as an incompetent juror sim
| ole man on the grand jury who found
| This true bill. as one not in position
to do them full justice, and who was
not in all respects such man as
grand Juror of this court ought to nave
been. To quash this Indictment IN
view of the character of this pleading
and the character of the indictment
against the parties accused would be
to nv mind abhorrent to the principles
of public justice.
"But if these pleas were all good in
form and substance they have been
waived by these defendants, who by
unnecessarily resisting the processes of
the court and resorting to dilatory ex-
pedients of one sort and another, have
delayed trial for more than two years,
and who. not only refusing to come
before the court as they ought to have
done. but by exhausting every eXpe-
dent to prevent the government from
bringing them here, now come two
wears after the indictment was filed
and seek to have it denounced upon
technical averments, contradicted by
the record and the law, but which, If
true. would be in no sense prejudicial
to them.
"It is idle to contend that the ac-
cused can avoid the legal effect of their
conduct on this plea because they were
| advised by their counsel that they
could not be removed here for trial.
1t is equally futile to contend because
they were under bond to appear before
the district judge in New YORK All
| the judicial tribunals, from lut NOlh-
| missioner in New York to the Supreme
Court in Washington, have finally ad-
judicated that the law commanded ana
compelled their appearance to answer
this indictment. To excuse their fail
ure to plead because of their abortive
efforts to resist the process of the court
would give them an advantage for their
own wrong. Any advice in such at
tempt given them by their own
counsel in New York is therefore
wholly immateral. And the bond Civ
en- to the judge in New York had the
purpose to make sure, not that they
should stay there. but that they should
come here. If at any time they had
| SURRENDERED to the marshal of this
district or appeared in court, go in
stanti they are their sureties would
by operation of the law have been
exonerated from the obligation Of that
bond. The long delay in filing this
| plea is thus clearly seen to be due to
their voluntary action, and they can
not now be heard to attack the in
dictment by this plea as they might
have done had they promptly respect
ed the law and made their appearance
In obedience to It's mandate
For these reasons judgment will be
entered overriding the pleas and or
dering the defendants to respond over
to the Indictment"
--Czar Nicholas wear top boots all
the time, with his trousers tucked
! therein.