The Nome nugget., 1903-12-02

in various criminal cases, cases of the utmost importance to the people and the government, and he did not see any reason why the usual method should not be followed. The Court -" "There is no usual method in this court; we go by the cir cumstances. The reasons are publicly stated-the reasons for this drawing were publicly stated, and no person actuated by a spirit of fairness can complain. But we want to keep within the law as nearly as possible, of course."
 McGinn, who appeared for himself, objected. He thought the only ques- tion before the court was whether to | increase the names in the number of names to 300 or not.
 Mir. Daily asked McGinn if he had any objections to the court appointing some disinterested person to act in this case-that is, draw the names of addi- tional jurors.
 The court said he would shut off the debate. "We don't want any of these charges flying through the air like we had in the Jolley case" he said, and he then instructed the clerk of the court and the jury commissioner to fill the box to 300 names, and court ad- journed until ? o'clock p. m. When court reconvened the judge announced that he had decided to have the jury box filled to 325 names. It satisfied every requirement., he said. After some discussion between the court, Mf. Daly and McGinn, Mir. Daly filed an affidavit setting forth that the clerk of the court and the jury commis- sioner were political partisans of Me- Ginn and unfriendly to the defendant, the jury commissioner, as editor of the News, having been cited by the de- fendant to show cause why he should not be punished for contempt, because of articles published during the pend- ency of this case.
 The Court Oh that. That is all clap-trap."
 Mir. Daly-"Beg pardon?"
 The Court-"We know all about that. That-the court knows that is all clap trap--if that is the interest you want to show-that is nonsense that is making things unpleasant | here"
 MT. Daly reminded the court that he had asked and agreed to have some disinterested person appointed to draw the additional names, but the court said he took no stock in such charges, and again instructed the clerk and commissioner to "fl. up the box with qualified jurors according to law" Court then adjourned until 4 o'clock.
 At that time, after discussion be- tween the attorneys and the court, hearing of objections on the part of the defendants: all objections were over- ruled, and exceptions taken.
 Mir. Daly-''It is only my duty, if your honor please. to state my objec- tions at this time in behalf of the de- fendant."
 The Court-"Well, is it in good firth, or is it only buncombe ?"
 MT. Daly-'It is absolutely in good faith, and is my idea of how jurors should be drawn, and as 1 think any plain reading of Section 800 will bear me out"
 The COurt-'Oh, it is in good faith"
 MT. Daily then read his objections and affidavit in support of his motion.
 The court stated that he did not be- lieve the clerk of the court and the jury commissioner would disregard their oaths; if he thought so other men would fill their places today. It had got to be fashionable, however, to make charges ever since the Jolley case.
 McGinn stated that he didn't know how MT. Daily could ''assume in this affidavit that there are but 26S names in the bOx-'
 The Court-"Well, if people wish to make affidavits of that kind let the consequences follow upon them-we are not responsible"
 MT. Daly-''To correct the misappre- hension of counsel 1 will say to Mir. McGinn that those atfidavits were made with reference to the names already in the box, as got it at that time from the clerk, when your honor directed the drawing of these additional names before they were placed in the box, before the list was filled up to 300 names. The clerk informed me that the box before additional names were directed to be placed therein contained originally 26S names originally before any names were drawn out 325 names; that there were then taken from the box the names of grand jurors drawn from this and the petit jurors leaving