The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-07-29
HAZEL SWORN OFF BENCH,
JUDGE GRAVES WILL TRY
FARRlS AND SMITH CASES.
Continued From Page One.

| from InEe one.
| conduct the examination Of witnesses and the in
| vestigation aforesaid.
That the said Edward c. Crow appeared and
| was present in said Grand Jury room as afore-
J said conducting the examination OF witnesses and
| the investigation Of the matters and things aforc-
| said without any legal right authority what
| soever to be present in said Grand Jury at any
, time during its deliberations: to be present in
| said Grand Jury during the hearing Of said tcs-
| timony OF and concerning the oirense charged in
the Indictment against this defendant: to be pres
| ent in said Grand Jury and 10 conduct the exam
| nation OF witnesses and the investigation as
| aforesaid.
| That neither the said Cosgrove. Zollinger Dun
| lap nor Crow had any right whatsoever to be
present In said Grand Jury at any time during Its
deliberations. nor during the hearing OF the testi-
| mony Of and concerning the offense charged in
| the Indictment against this defendant.
| That said Indictment caused, brough.
! about. advised and determined to the prejudice
| OF this defendant by the said Honorable E. C.
! Crow. and by the presence OF each of the said
! Cosgrove. Zolinger. Dunlap and Crow before
; said Grand Jury aforesaid.
| second-That one Claude l. Clark was mem
/ Der of said Grand Jury: that ho had been sum-
| moned: had qualified and taken and assumed the
| oath Of member of said Grand Jury.
That during the hearing OF great portion OF
| the testimony and OF the swearing OF the wit
nesses. and OF their statements as witnesses
under oath OF and concerning this defendant,
| and Of the charges preferred by this Indictment.
| and OF the investigation aforesaid. the said
| Claude L. Clark absent from said Grand
| Jury and did not hear the testimony OF raii
Witnesses nor any portion thereof.
That the said Claude L. Clarke absent from
| the county Of Cole, in the State OF Missouri,
| where said Grand Jury was in session. and where
being M
concerning this defendant.
That thereafter, and after said witnesses had
so testified Of and concerning this defendant and
Of the oense charged in the Indictment, the said
Claude L. Clark returned to said Cole County,
Missouri. and TO the Grand Jury room, and
then and there. IN this ah1ence Of said witnesses
aforesaid. told advised and informed OF the
timony OF said witnesses OF and concerning this
defendant, and of the ofense charged in the In
dictment in his absence: and that upon said in
formation so impaired to him, either by some
member of the Grand Jury by either the said
Cosgrove Zollinger. Dunlap or Crow, he, the said
Claude L. Clark. member OF said Grand Jury as
aforesaid. did then and there vote as to, OF and
concerning the Indictment against this defendant.
and did with the remaining eleven OF said Jurors
return said indictment into court.
Wherefore the defendant says that the exami
nation of the witnesses and investigation and
consideration OF the matters and things out of
which said indictment grew and the determine
ton upon the part of said Grand Jury to return
said Indictment and the return of said indictment
by said Grand Jury. were Illegal in violation OF
the Constitution of this State and OF the United
States and Of the statute having reference
thereto and not an Investigation and indict-
ment OF q grand jury legally constituted. as by
the Constitution and the statute contemplated,
but Of portion thereof, and by others who were
strangers to said Grand Jury as aforesaid, and
go{d ind m md
void.
The premises considered. the defendant prays
this honorable court that. upon the hearing OF
this plea and OF the evidence rendered by the de-
PENDANT. the prosecution of this deiendahl
shall abate. and the Indictment so returned by
said Grand Jury against him shall be determined
void, and that this defendant may be discharged
to go hence without delay.
Mr.. Jourdan filed the plea in abatement
about $50. Attorney Crow requested Tune
in which to prepare an answer and the
court took recess. 1t did not reconvene
until I:30. when Mr.. Crow brought In an
answer to the plea. Judge HAZEL then said
that he would take another recess until
O'Clock, SO that he could decide the dis
position of the plea
ANSWER TO PLEA
IN ABATEMENT.
The answer to the plea sets forth in the
name of R. P. Stone, the County Prosecut-
ing Attorney, that under section 1910,
Revised Statutes of Missouri. the Gov
ernor may direct the Attorney General
to aid any Prosecuting Attorney in the dis
charge of his duties and that March 81.
1903, the special Cole County Grand Jury.
the Prosecuting Attorney and the presiding
Judge sent request in writing to the Gov
ernor asking for the assistance of the At
torney General and that Governor Dockery.
in response to this request directed the
Attorney General to assist the Prosecuting
Attorney.
1t is denied that George Zollinger and w.
P Dunlap were present during the investi-
CATION. J. w. Cosgrove, the Grand Jury
stenographer, was present as an official and
was sworn to secrecy in addition to his
regular oath. 1t is confessed that Crow did
not take any oath other than his official
oath and that it was necessary that he
should do SO. 1t is denied that Crow. Co.'S
grove or Zollinger were before the Grand
Jury when any votes were taken upon in
dictments. 1t is denied that either Cos
grove or Crow influenced the Grand Jury
in prejudice Of the defendant.
Claude L. Clark's absence for a short
time Is admitted, but it is asserted that a
sufficient number were present to vote an
indictment at all times. Stone asserts that
he was present all Of the time, except when
indictments were voted upon. and denies
all other facts, asking that the facts be
inquired into.
NOTES AND PERSONALS
OF THE TRIAL
A. W. Chanslor. stenographer of the ST.
Louis Grand Jury, was in the courtroom this
morning with Mrs. Chanslor. who wished to
visit jefferson City. Mr. Chanslor has been
called as witness for the defense. 1t. Is
supposed that he will be asked TO tell of
Lees testimony before the st. Louis body.