The Washington times., 1902-01-25
DECLARES GRAND
JURY ILLEGAL.
Supreme Court Renders De-
CiSi0n in Test Case.
OPINION 4 MOST SWEEPING ONE
New Bed. Cannot BE Drawn Until
LeSisiation Now Pending Before
Congress Is Passed.

The Court of Appeals for the District
yesterday decided that the grand jury
summoned in December last and en-
paneled on January was illegally or
ganizeds
The opinion of the court was announced
by Justice Shepard in the case OF William
Clark, colored, who was indicted for lar
ceny by the grand jury on January 10.
When Clark was arraigned he was with
out counsel, and Justice Anderson as
signed Messrs. r. Ross Perry & Son and
Lambert & Baker to defend him. plea
in abatement TO the Indictment was filed
and the District Attorney for the Govern
ment filed demurrer to the plea.
An Appeal Taken.
The court sustained the demurrer and
an appeal was taken to the higher court.
The question presented TO the Court of
Appeals involved only the legality of the
higher body, but the general impression
among the members of the District bar is
that it also affects the status of the petit
juries as well. Since the legality OF the
organization was raised there have been
no trials by jury in the criminal courts,
NHllt Ds COHStHl Ol COuuSSl anu the HI
gants several suits have been disposed of
in the civil courts.
In the criminal courts two persons
have been convicted by petit juries drawn
at the same tine and under the same au-
thority as was the grand jury.
They were Bessie Harris, colored. who
was found guilty of larceny in Criminal
Court No. l, and Andrew Pryor, also col
ored, who was convicted in Criminal
Court No. 2 OF larceny from the person.
In the case of Bessie Harris, since the
question of the legality of the jury YVES
questioned, she has been released from
custody on her personal bond. Pryor,
however, has not been so fortunate,
Prisoner Held Back.
Immediately after his conviction Justice
Barnard, who presided at his trial, sem
fenced him to Imprisonment in the peni-
tentiary for year and a day. The war
rant for his removal was made and he
was to have been sent to MoundsyilIe on
January II.
Since it has been decided that the
twelve men who reported him guilty Of
the offence with which he was charged
do not constitute a legal jury, il is ex-
pected that he will be again placed on
trial.
Mr.. John H. Young, clerk of the Su
preme Court of the District. with the
other Jury commissioners, yesterday,
drew the petit juries for the circuit and
criminal branches of the court for the
month Of February.
Must Await Congressional Action.
A new grand jury cannot be drawn until
legislation now pending before Congress
is passed and signed by the President.
ha i.,rx bor
legal. and it following that the petit turies
are also Illegal. the question of their pay
was also discussed. Those who have
given the subject serious consideration,
however, are OF the opinion that the
jurors must be paid for their services,
the same as If the juries were legally
constituted.
William Clark was the only person
against whom the grand jury organized
on January reported an Indictment. This
was done at the suggestion of District
Attorney Gould, in order that a test
case might be made 10 settle the question
of the legality of the jury.