Waterbury evening Democrat., 1903-06-02

l TWO rom the North Haven DOXs three from the Orange box; two from the l Prospect box; two from the SOuthbury
 box and two from the Woodbridge box.
 4. In drawing this panel they depart | ed from this rule and custom and drew three jurors from the Bethany box, four from the Cheshire box, three l from the Guilford box, three from the Hamden box, four from the Milford ! box, three from the North Branford l box, three from the North Haven box, l four from the box containing the names of the jurors from the town or ! Orange, three from the Prospect box, l three each from the 'Southbury ana ! Woodbridge boxes, respectively. 5. The object and purpose of de l parting from the custom and rule | above mentioned was to obtain jury l to try this case from the smaller cen l ters of population and where from po- l litical,. social and business conditions in those towns established, the jurors selected were liable to be and were known to be in fact prejudiced against 1 these defendants and at whose hands these defendants were not likely to have fair trial; and with the further 
 panel without drawing jurors from the New Haven box, the Waterbury box, the Meriden box. the Naugatuck box, hhe Derby, Ansonia or Branford boxes, and thereby avoid getting jur- ors from the larger centers of popula- tion where the social, political and business conditions are such that the jurors drawn from these several com- T likely to be unprejudiced and to give these defendants a fair trial.
 6. The jurors summoned on this panel to try these defendants were drawn from the boxes by Samuel J. Marsh, esq, assistant clerk of the su- perior court at Waterbury, and not by Edward A. Anketell, esq, the clerk of the superior court for New Haven county, nor were they drawn in the presence or under the direction or su=I pervision of the said Edward A Anke- tell. D
 The said Samuel J. Marsh was not the custodian of the jury boxes for New Haven county, and he was not authorized by law to draw or to assist in drawing jurors from said boxes: and he had no right or authority in law or in fact to draw the jurors on this panel.
 The defendant. by their attorneys. Danaber, Russell, Kennedy, Hamilton F & ONeil1.
 MT Williams asked that the motion be disalloWed. The parties who had access to the boxes as claimed were Edward J. Stevens, court messenger in New Haven, and Assistant Clerk John c. Galla gheT. MT Stevens was sworn and he testified he was given the key to the jury box by MT Gallagher the day the jury was drawn by Clerk Marsh and Sheriff Durham. All of the boxes are kept in one room and the key opens all. Clerk Anketell was not present when the jury was drawn. He has been ill for some time and con fined to his home.
 MT Gallagher testified he is the regu- lar custodian of the key but there is duplicate kept in the office safe, of which Mir Anketell keeps the key. Sometimes First Assistant Clerk John S. Fowler keeps the key of the safe. Mir O1NeiH went into great detail in the examination and Mir Hamilton stated that the method of drawing the jury was laid down by the courts. This method has been uniformly followed until this case came up and then for some reason he could not, see or ex- plain, 1t was departed from. He could not see why the large centers of popu- lation were ignored and all the rural places and small towns selected in this case. There is- an established roster, he said. which lays down how mary jurors shall be drawn from each town, noe as in this case, two from some towns, three from others. four from some and other towns overlooked alto gether. The roster places New Haven first and the other towns in the county follow in alphabetical order Places where crimes before the court have been committed are generally omitted when drawing the jury.
 Assistant Clerk Marsh testified that he drew the jury in this instance and that Judge Wheeler gave him verbal orders to draw fifty. He was asked if counsel for the accused had not re- Quested to be present at the drawing This question was objected and ruled out
 Court Messenger Stevens opened the vault and witness drew the jury and kept tally of the drawing He said he had no reason for not drawing from the towns omitted on the jury list, and the question how he came to overlook them was ruled out.
 Witness stated MT Kennedy asked him if he drew the jury in aIphabeti- cal order and witness replied that he did not. He could not say the jury boxes of Waterbury, Meriden or An sonia were in the vault.
 The motion on challenge was over ruled, the court believing the boxes were in proper. custody and the jury l legally drawn. An exception was ta- ken and allowed.
 I MT Williams moved then fo have the accused put to plea and the defense l claimed all the cases should be tried together.
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