Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-01-10
IN HIGHER COURT
The Issue Raised Regarding the
Juries Recently Drawn
VALIDITY OF JOINT RESOLUTION
Enactment by Congress Signed
After Code Became Operative.
EARLY DECISION EXPECTED

EARLY DECISION EAPECIED
Steps were taken this afternoon to have
the Court of Appeals of the District of
Columbia construe the joint resolution of
Congress. which passed the House the nth
of December. but which did not become
law until day before yesterday, and which
provides That all grand and petit juries
in the Supreme Court of the District Of
Columbia and all petit juries in the Police
Court of said District which shall hare
been organized or drawn under existing
laws at the time this code goes into effect,
shall serve out their respective terms, and
vacancies therein shall be filed under OK
listing laws" 1t is believed that this pro-
cedure Will determine in the speediest pos
sible manner the issue raised yesterday
that by reason of the failure of the resolu-
ton to become law prior to the LIST of jan
uary. the day the code of law went into
effect. there can be no jurors serving legal
ly in the local courts at the present time.
Mr.. GonId's Plan.
The initiative in the matter was taken
by Mr.. Ashley NJ. Gould, United States at
torney for the District of Columbia He
caused the grand jury or the body of men
supposed to be such, to report indict-
ment this afternoon against William Clark,
colored, for larceny from the person. The
indictment was filed in Criminal Court No.
l. and Clark was forthwith arraigned there
under He entered plea of not guilty and
announced that he had not employed coun-
sci and was unable to do so. In accord
ance with a previous arrangement, per-
fected by Mr.. Gould. Justice Anderson
signed Attorneys r. Ross Perry and d. w.
Baker to look after the interests of the
defendant.
The attorneys assigned at once submitted
plea in abatement, thereby formally rails
ing the question of the legality of the
body of men that reported the Indictment
as a grand jury. The district attorney
demurred and the court sustained the de-
murrer. Justice Anderson with a few words
Oyerrued the plea.
Counsel thereupCn repaired to the Court
of Appeals The situation was explained to
the full bench, Mr.. Chief Justice Alvey and
MIR. Justice Morris and Mr.. Justice Shepard
and a special appeal from the ruling of
Justice Anderson was asked and granted.
The court will next Tuesday set day for
argument. and a decision, it Is believed,
will be obtained few days thereafter.
United States Attorney Gould will argue
in support of the contention that the pres
ent juries were legally empaneled that the
resolution is retroactive and therefore
qualihes the jurors already drawn
What Pleas Sets Forth.
The plea in abatement submitted by At
torneys Perry and Baker set forth that the
United States ought not to prosecute its
Indictment against Clark, because he says
the Indictment was not found by legally
constituted grand jury and that the body
of persons alleged to be the grand jury in
and for the District of Columbia is not
grand jury. but an illegally summoned en-
paneled and formed body of per-
sons pretending TO act as such
grand jury; that the persons pur-
porting to, constitute the grand
jury We're summoned without any author
lsart- INr I,,I ,f All,
of Columbia on the I'D of December 1901,
the summons being issued by the clerk of
the Supreme Court Of the District of CO.
lumbia under the pretended authority of
several acts of Congress which ceased to
be the law of the District on the 31st of
December; that the summons comma ded
the persons TO appear in Criminal Court
No. / the 9TH of January, 1902, on which
day there was in effect certain act of
Congress entitled, AN act to establish
code of law for the District of Column
bia, and that the persons appearing
were examined as to their qualifications
under law that had no existence at the
time they Were SO examined; and that
thereafter. the Sth of January. the per-
sons so examined were at IL o'clock sworn
to act the grand jury in and for the
District of Columbia for the January term
OF the court; that the action by the court
was taken under a supposed authority of
certain joint resolution of Congress which
was signed by the President of the United
states the afternoon of the Sth of January
Anu TINS the SAID Nllllam Clark Is ready
to verify; wherefore he prays judgment of
the said indictment, and that the same may
be quashed and that he be dismissed by
the court"
business Suspended.
All business in the two criminal courts
and before the grand jury and all trials by
jury in the Police Court will be suspended
until the issue is decided by the Court of
Appeals. In view of the uncertainty re-
RardinY the legal tat of he i3rrx- ba
trial OF the Utermehle will case. set for
next Monday, In the Probate Court, was
today postponed for a week
The indications are that the murder trial
set for the 10th instant in Criminal Court
No. 1 viii go over until next month.
Attorney c. B. McRoberts. representing
Bessie Harris, convicted in Criminal Court
No / Wednesday last, of grand larceny
this morning filed a motion in arrest of
Judgment. attacking the legality of the
Jury That reported the verdict of guilty.
Later, however, the motion was withdrawn
as 1t is understood the court has consented
TO suspend sentence in the case.
The Original Resolution.
The resolution that was originally drawn
TO cover the matter of lack of juries dur
ing January provided that the grand
jurors for service at the January term.
1902, of the Supreme Court of the District
of Columbia, and the petit jurors for serv-
ice in the criminal courts and the Jurors
for service in the circuit courts of said SUI
preme Court for the month of January
1902. together with those for service in the
Police Court of the District of Columbia
for the months of January, February and
March 1902. be drawn from the names
heretofore selected and deposited in the
jury box in the custody of the clerk of the
Supreme Court of the District of Columbia
In the manner as provided by law in force
In said District prior TO the LIST day of jan
uary ig82'
This proposed resolution was amended in
Congress and Put in the form which it is
to be construed
Artillery Corps Orders