Waterbury evening Democrat., 1903-06-02

The special criminal term or the su- perior court for the trial of the eight trolley strikers, charged. with consplra- ey and assault with intent to murder .Seorge Morrissette and William Y. Merna, strike breakers, opened at Il o'clock to-day.
 As early as o'clock the large crowd that was expected began to congregate on the outside of the court house, anu about 10 o'clock the five prisoners who failed to secure ball arrived ill the GUS fody of Sheriff Durham, chained to each other. They did not give any eyl- dence of their confinement. The ac- cused are Edward Winnegar, CllHord md Willis Vandemark, Charles Ross' John J. Mcclure, John J. Brearton' Harry w. Warren and David C. Mafsh, Scarcely had accused taken seats when Mrs Gary, the Naugatuck woman Wno was conspicuous at one period during the strike, left the reporters table ana nresented each of the prisoners with flower. Mrs Gary occupied chair at Shes press table. She claimed to repre- sent a southern socialist paper. Prayer was offered by the Rev Dr Buckley. Judge Thayer presided and court was opened by Sheriff Dunham
 The accused were represented py Attorneys Kennedy, OsNeiH, Russell, Hamilton of New Haven and Danaher of Meriden, and the state by Attorneys Kellogg and Williams. All belng ready the panel of fifty jurors was called and forty-eight responded
 Aftorney Kennedy made a motion for the retirement of the jury while he ar gued on the legality of drawing the nanel. Attorney Williams opposed It. MT O'NeilI said he wished them all withdrawn, as what he had to say might create a prejudice among the :, jury were they present during the ar gument. MT Williams held this was unusual. The court thought it would create great confusion by the jury nov ing in and out. nevertheless he allowed the motion. The jurors then passed out as their names were called. Mir Kennedy read his motion, which was IS follows:
 i. The jury boxes containing the names of the jurors summoned to act as such on the-trial of the above en- titled action have not been in the care and custody of the clerk of the super for court for New Haven county as required by Section 659 of the statute laws of this state; but they have been kept for more than six months last past in the care and custody and have bee&RccesSible to John H. Fowler, John c. Gallagher and Edward Ste vens, and either one of these and all of them have had the power and op- portunity during a period of more than six months last past to manipulate open, unlock and have access to the list of jurors contained in the several jury boxes, which should have been in the care and custody of Edward A. Anketell, who is the clerk of the said superior court.
 2. Ut has been and is the established rule of courts in this state in drawing and summoning jurors, to draw them from the jury boxes of the respective towns in the alphabetical order of said towns and not to omit any town in said alphabetical order.
 The jurors drawn to try this action commenced with Bethany, and the next town in alphabetical order is Branford but no jurors were drawn from the Branford box, and the jurors next drawn in alphabetical order were from the Cheshire box. The next town in alphabetical order is Derby,
 
 Derby box, but the next town in al- phabetical order is East Haven, but no jurors were taken from this box. The next towns in alphabetical order are Guilford. Hamden. Madison and Middlebury. but no jurors were drawn from the Middlebury box. The next towns in alphabetical order are Mil ford, North Branford. North Haven, Orange. Oxford. Prospect. Seymour southbury and Wallingford. The next town after Wallingford in alphabetical order is Waterbury. but DO jurors were taken from the Waterbury box The next town in alphabetical order is Wolcott. but no jurors were taken from the Wolcott box. The next town in alphabetical order is Wood bridge. and some of this panel were taken from that box
 q 2. The said method of drawing iur- ors was irregular and in violation %of $ the fixed practice and rule of this a court: and this method was adopted, used and pursued in drawing the iur- ors on this panel with the object and purpose of preventing any jurors being 3 drawn or summoned from the larger centers of population like New Haven. Waterbury. Ansonia. Derby. Branford and other large centers of population and making up jury from the small Ter towns in the county where on ac- count of the social. political and busi- ness conditions there existing. the iur- prs were and are likely to be and were Tn fact preiudiced against the defend nts in this action. and they cannot ave on account of such prejudice a air and impartial trial by an impar- Efal and unprejudiced jury.
 VI 2. 1t is the established practice and rule of this court to draw and summon two jurors for one panel from the Bethany box: two more from the Cheshire box: one juror from the Guil- ford box: three more from the Ham, den hoxs three from the Milford box; two from the North Branford box;