Omaha daily bee., 1902-03-06
INDICTMENTS TO Be TESTED
Plea in Abatement Involves Validity Of
Grand Jury's Work.
STATE WILL FIGHT HARD TO PROTECT IT
Deputy County Attorney Thomas
DOesn't Believe that the Panel Can
he shown TO Have Been
Illegally Drawn.

Attorneys for George A. and Charles r.
Hill have invited a struggle with the state
and are to be accommodated. The Hills
were indicted by the last grand jury for
selling liquor without a license and their
attorneys have attacked the validity OF the
indictments by attacking the validity OF
the grand jury itself, but Deputy County
Attorney Elmer Thomas, after reading the
plea in abatement, which they filed with
the clerk of the district court yesterday
afternoon, said that he would fight 1t az
every turn and would have the plea itself
tried before a jury. Should the Hills be
successful all other indicted persons who
have not yet been tried might follow suit
and file similar pleas, ON which 1t would. OF
course, be necessary for the court to take
similar action.
The Hills attorneys, in praying that this
indictment be quashed, the proceedings de-
clared void and the defendants dismissed
make showing of two reasons therefore
The first is that the persons constituting
the grand jury which returned the indict-
ment were not lawfully authorized and le-
gally empowered to sit as grand Jurors, be-
cause Judge Baker, who was then on the
criminal bench, upon finding that Of the
twenty three persons whose names were
originally drawn from the box in the
county clerks ONCE, only nineteen had ap-
peared and seven of these must be ex>
cused for reasons. directed the sheriff to
summon four additional persons to serve
and. upon these persons being produced in
j. N. Drake, w. ]. Mount, John Grant and
Henry Ehrenpfort, allowed them to serve
With the twelve others whose names had
been regularly drawn from the box. The
point seems to be that the four additional
jurors we're not duly empowered because
they were not drawn from the box, but the
deputy county attorney seems inclined to
take this contention lightly.
In their other reason, the attorneys for
the defense call attention to the legislative
enactment which became the jury law OF
the state on February 1. 1901, and which
requires that in the selection of grand
jurors IN counties having a population OF
more than $4,000 the county commissioner,
acting ofhcially. must. by choosing a pro-
portionate number of properly qualified
persons from among the residents of each
town or precinct, make up a list number
ing not less than one-ffteenth of the legal
voters in each town or precinct in the
county. this list to be known as the Jury
list" and to be kept by the county clerk,
who shall write the name and residence of
each person so selected on a separate ticket,
the tickets to be placed in the box from
which the Jury is drawn.
Complain of nlegaIities.
a The. defendants aver that no jury list
4 M ~ qr pFepased ~ ttIe eqpurissionsns
/ in any manner or FORM Whatsoever and
that the grand Jury drawn August 20, 1901,
was not drawn from box containing the
names OF list of Jurors as by law pro-
yidad after " I or in he ~
ner provided by law at ALL" but from a
box containing names of persons selected
and placed therein on or about January s,
1901 by some persons to these defendants
unknown" without being properly appor-
TONED to the several towns and precincts
Of Douglas county and without examina-
tion by the board as to the qualifications,
exemptions, character, integrity or judg-
ment Of the men, as required by the law.
The defendants even made the broader
claim that the liet was made in January
by clerk in the county clerks office from
list from the personal property tax list
'and from various names furnished to said
clerk by interested and unauthorized per-
sons"
Concerning the effect Of this alleged dele
cation Of work by the board and the
county clerk. and the lack OF proper ap-
poTtlonlnb, tno deputy county attorney did
not care to express himself until he hea
given the matter further consideration. He
would only say that even should the con-
| tention be sustained the indicted parties
would not escape, as complaints would be
| filed, they would be heard in police court,
! bound over to the district court and event.
ually brought back into the position in
which they now are.
''In fact this simply MEANS" he said, "a
lot OF work in the county attorneys ofice
and a lot Of unnecessary expense for the
county for the validity of the grand jury
and It's indictments does not affect the
rights Of the indicted parties nor their
guilt or innocence. I tried to dissuade
the attorney for the Hills to hold back this
plea In abatement until we could dispose
OF these other minor cases. reminding him
that he would have plenty Of time for filing
after We reached the Hills case. but he
! declined to do It and now there is nothing
but to fight It out"