The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-02-12

| made public to the citizens of this d.
| vision or any one interested in the lit
| igation to arise in said court, until
the said court met on Dec 4, 1899,
| when the persons so summoned We're
sworn to serve as grand jurors in and
| for the November term 1899 of the
| District Court-all of which said acts
and omissions were illegal and con-
trary to the laws of the United States,
and tended to the injury and prejudice
of the defendants, and of each of
them, not only because the law COM
manded that the drawing should be
public, but that not being drawn pub
licly, the defendants could have no
opportunity to challenge the jurors for
any cause, or even to know that there
was to be grand jury.
Were Not Enough Jurors.
The alleged fact that there were not
! in the jury box on Nov. %, 1899, when
! the grand jury by which the indictment
was returned was drawn, the names
of 800 qualified jurors, as required by
law, but that as matter of fact there
were less than 200, forms the basis of
/ the fifth plea. The sixth relates to the
/ complaint that the order of the court,
pursuant to which the grand jury was
| drawn, disqualifles grand jurors from
/ the counties of Chatham and Glynn.
/ The seventh plea complains that the
! jury was drawn before any return was
| ever made and from a jury box not
| constituted in accordance with law.
| The eighth plea says the indictment
| should be quashed because the order
| of the court directed that the grand
| jurors should be from the counties in
| the Eastern Division of the Southern
| District of Georgia other than the
counties of Chatham and Glynn, which
I -
| been illegal and tending to the pre-
JUDGE of the defendants in that 1t ex-
cluded from passing upon their case
| those grand jurors, who of all persons
in the division were most cognizant of
public Improvements, their necessity
| and the probable cost of same, and
therefore best qualified, because of
| such knowledge, to consider most i'm
partially the charges against these de-
/ fendants''
! The ninth plea says that the grand
| jurors were not drawn from the coun-
tics of the division, other than Chat
| ham and Glynn, as directed in the or
| der of the court, but were drawn from
box which contained only, irrespec-
/ tive of the counties of Chatham and
/ Glynn, the names of jurors from
the counties Of Bryan, Liberty, Ware.
| Pierce, Clinch, LowndeS, Brooks,
| Thomas Decatur Dillingham; and Bull
| loch, there being in the division in adj
| dition to these the counties of Appling,
| Berrien, Camden, Coffee, Charlton,
! Colquit, Echols. Emanuel. Irwin,
/ Montgomery, Mcintosh, Screven, TAFT
nall and Worth. A particular injury
| in this regard is alleged because the
| defendants were thus deprived of an
opportunity to have their case passed
upon by jurors from the counties of
Mcintosh and Camden, the only other
! counties in the district in which are or
might be works of public harbor i'm
| provement.
vr,lowing is an argumentative ac-
count of the course the defendants
have pursued since their arrest, in re-
sistng their removal to stand trial in
the District Court here, which they all
lege they did because they were adj
vised and believed that no proper and
valid indictment had ever been found
against them.
Have Lost Right to Plead.
1t has been the contention of the dis
| trict attorney that the defendants
have lost their right TO file pleas in
abatement or other formal objections to
! the indictment by reason of their fail
ure to respond at the term of the court
following their indictment, when they
| were called and made no appearance.
| To this contention the pleas in abate-
| ment make answer in advance of its
| being urged here. The defendants say
| that at all times since their surrender
| to the United States marshal for the
Southern District of New York, to the
present time, they have been under
| bond to answer for their appearance
before the District Court for that dis
trict, and not to depart the district
| without leave; that therefore they
could not properly depart from the
state of New York to make their an
swer here.
The final shot is the following state
ment: That these defendants, had
they been within this jurisdiction at
any time from Nov, %, 1899. until Jan.
s, 1902. could not have interposed the
pleas in abatement to the said alleged
indictment, on the ground that in
structions were given to keep the
drawing and summonng of said jury
secret, because said facts did not come
to the knowledge of these defendants,
or either OF them, and were therefore
not available until the said last manned
date: they having the right TO as
sumo. If they had ever heard of the
drawing OF said alleged grand jury,
that the same was publicly done"
The Proceedings To-day.
When court convenes this morning
| counsel Tor the government VIII pre-
sent their answers TO the pleas in
abatement. There Is little doubt that
the first motion made VIII be one %
strike the pleas, on the ground that
the time Is long past when they could
properly be filed or entertained by the
court IL ~ only in the event that this
motion Is denied that any further am
swer 10 the pleas ~ likely 10 be filed.
II IL is denied there VIII probably be-
a traverse or denial Of some or al
VI the allegations Of fact made in the
pleas By The government counsel and
on this an issue must br formed. There
is question whether thls issue should
De- tried by the Judge or by special
jury. but though they decline 40 state
their position ou fhe subject Do DEL
probable zoe defeudantF counsel viii
sirenu0usly urge fhat 3D. Del "a matter f0f
iefisiou BOY r. jufy
~ Demurrer VIII Boz DIED hy fhf
. Il T. 'aa.I 81 Ia !.