The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-09-30
SNYDER TRIAL NOW TO UNFOLD
HISTORY OF THE TRACTION STEAL
Continued From Page One.

| motion. made by the defense. TO quash the
special venire for a special jury had been
sustained. The motion was made on the
ground that the venire had been ordered In
vacation by Judge Ryan and that many OF
the jurors had been served on Sunday. II
was for these reasons Judge Ryan an
nounced, that the venire was Quashed. Ex-
planning his action after court adjourned
the Judge said:
NEW JURY is ORDERED
TO AVOID POSSIBLE ERROR
THE question OF authority to order a
venire during vacation has not been COM
pletely settled. nor the question of service
on Sunday. But il were better to order a
rew jury than TO run the risk of invalidat-
ing all further procedure
The Sheriff was ordered to report the new
venire to-day at 2 o'clock. The same list
was filed with Clerk of Court Archibald
Carr as that from which the jury will be
selected to-day. A change is possible. how
ever. The venire will be turned over
to the Sheriff at 10 o'clock this morn
ing, and he will then have but four hours
In which TO serve the jury summonses upon
sixty citizens. The deputies expect to do
some fast work to succeed in this.
The result of the day was generally con-
demurrer and plea i bar were, the two
things most feared by the Circuit Attorney.
Mr. Folk said. with relation to the progress
of the trial:
CIRCUIT ATTORNEY FOLK
PLEASED WITH PROGRESS.
'I am greatly pleased, and believe will
obtain a conviction. The quashing of
the jury venire. expected. If the defense
a rO n necessary
to have a jury in court at any cost II
this had not been the case. the defendant
could have appeared ready for trial, and.
with no jury in readiness. the States posi-
tion would have been very unsafe. As it
is, little delay is the only result don't
think thei service on Sunday cuts much fig
ure, and. as to ordering jury in vacation,
/ think the Judge has the power, but the
point is not clear"
The courtroom was not crowded when the
case was called at 1870 q. m. but attorneys
and others kept arriving until all seats in
side and outside OF the railing were occu-
pied Edward Butler was a spectator for
a short time, also Ex-Governor Charles P.
johnson, attorney for Nicolaus; Thomas T
FauntIeroy and Judge Krum. Judge Har-
vey and John A. Gernez.
Snyder appeared suave and calm Most of
the time he sat well back, at the rear of
the lawyers table, almost hidden By his
phalanx Of attorneys. Those Of the latter
In court were Frederick W. Lehman,
Judge H. s. Priest. Major William Warner
and Morton Jourdan. The full strength Of
Mr.. Folks Office. including besides himself,
Andrew c. Maroney and Orrick Bishop
were on hand.
DEFENSE PICKS FLAWS
IN FORM OF INDICTMENT.
Both sides announced that they were
ready for trial. The demurrer which had
been filed. was then read by Judge Priest.
1t attacked the indictments phraseology
and averred that the statute OF limitations
had not been avoided.
TT Is merely alleged that this defendant is
not an inhabitant of the Stat. of Missouri"
said Judge Priest. Then where does he
live? In New York. or Texas. or California?
This should have been stated SO that the de-
fendant should know what he must answer
to-"
Arguments OF the pros and cons were
lengthy. The words resident and ''in-
habitant' figured. The Indictment stated
that Snyder was neither resident nor in
habitant of Missouri
On the ground that these expressions rem
dered it vague. and that the place of actual
residence should have been named. the at
torneys for the defense asked that the in
dictment be considered void.
The Circuit Attorney replied at length.
stating that the words resident" and "in-
habltant'' were synonymous, and argued
that, while man could have but one doni-
Gle. the word preferred by the defense, he
could have several places of residence. He
in the Indictment the place of residence. as
this would involve setting forth the States
evidence. He averred that to support the
indictment It was only necessary TO prove
Snyder to have had an abiding place else
where than in Missouri long enough to bar
the statute of limitations. II In New York
the Circuit Attorney said. his contention
would be sustained
JUDGE RYAN'S RULING
VICTORY FOR THE STATE.
Judge Ryan. in overuling the demurrer.
said that he would not go into definitions
OF expressions. WAS he resident" said
he, 'or not. Was he an inhabi;ant or not
This is the whole point. 1 am forced to
disagree with the counsel for the defense
II makes no difference where he was a res
ident so long as 1t may be proved that he
WIS not a resident of Missouri
The defense took exception to this ruling
and that which followed In relation to the
pleas in bar.
Snyder. accompanied by Morton Jourdan.
walked forward and swore to the plea in
bar. Mr.. Lehman made the argument In
favor of allowing the plea. of trying sep
arately the statute Of limitations issue Nr.
Folk. answering. said that the plea was
analogous to plea in abatement. He re-
ferred to decisions indicating that the ques-
ton of an application of the statute OF lin
itations must follow proof Of existence of
the crime with which a defendant IS
charged.
Mr.. Lehman. in reply. asserted that 1t
was distinctively q plea in bar. differing
from a plea In abatement. and as such must
be tried first. Judge Ryan ssid that the
point was an unusual one in HIS court, and
/ that he must see the authorities He an
nounced a noon recess until 2 O'Clock and
in the meantime took up the consideration
OF the matter.
STATE Must PROVE
RESIDENCE OF ACCUSED.
When the afternoon session began. the