Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1903-05-05
POINTED QUESTIONS
In Regard to the Alleged Jury
Packing.
The Plain Law on the Subject,
And Judge Cooks Sworn
Statement.

been a great deal said in regard to
Judge Thomas P. Cooks illegally
selecting a grand jury at the last
term OF the Galloway circuit court
and wishing to be fair and just to
every one, we would like to ask a
few questions.
The selection of grand and petit
jurors is governed by plain statutes
that require no Interpretation by
the court, as they are so plain that
any one, whether he be layman or
lawyer, can understand them by
reading.
These sections first requires the
judge annually to appoint three
jury commissioners, whose duty it
is to take the last assessors book
and from it, in the language of the
statute, carefully select, from the
intelligent, sober, discreet and I'M
partial citizens, resident house
keepers in different portions of the
county over twenty-one years Of
age the following number of names
of such persons, to-wit: In coun-
ties having a population Of more
than ten thousand and not exceed
ing twenty thousand not less than
two hundred and fifty nor more
than three hundred and fifty, "
which said classification Galloway
county comes under.
The statute further requires thai
they place each of said names on {
small slip of paper as near alike as
practicable, and to put each sliE
in a small tube made of paper OF
other substance and to place all o
same IN a revolving drum or whee
case; and when they are all placed
therein the drum or wheel case is
directed to be locked and ther
shaken or so revolyed as to thor
oughly mix said slips.
The law further requires thai
when d jury is to be drawn by tht
Judge OF the court, that he draw
from the drum OF wheel case q
names Of persons for grand juror.
aud after drawing the 20 names for
this grand jury he is directed to
lock the drum or wheel case and
revUlve same so as to mix the names
again and then reopen and select
tberefrom the names of 80 persons
to act az petit jurors, Now the
Judge of the court is allowed no
discretion in selecting said names
unless he draws a name that he
knows not to be a legally qualihed
grand Juror. He has no authority
to pass on mis- personal quahhca-
lions or to consider the portion Of
the county he lives in, that being
the province and duty OF the jury
commissioners.
Now, did Judge Cook follow the
law in selecting the grand jury
or did he uot7 And if he
failed 20 comply with the law, what
motives promptedhis action? These
are matters of vital Importance to
the Democrats in this. the Third
judicial district OF Kentucky, as we
are to decide by our ballots on the
9th of May who shall be our stand
ard bearer in the coming November
and we want that standard
bearer to be one for whom we can
make an aggressive contest and
not one for whom we will nave to
make defensive fight.
1t is always a fact that when a
has to publish cards IN
defense of his actions, that his
cause is weakened.
Now Judge Cook has published a
card explaining about how be drew
the Galloway county grand jury,
but he also made an affidavit in the
Galloway circuit court in regard to
same, and believing that his sworn
is entitled to more con-
sideration than a mere card, we
here publish the said affidavit
relating to the manner of drawing
the names:
Cooks Affidavit.
Affiant, Thos P. Cook, presiding