The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-07-31
GRAND JURY WILL
CONVENE MONDAY.

The Grand Jury will convene next Mon
day. and presumably will remain In ses-
sion all week. Attorney General Crow has
subpoenaed n large number of witnesses
and expects to continue the investigation
which was dropped two months ago.
This afternoon all OF those interested in
the trials left for their homes. Senator'S
Farris. Sullivan and Smith. the latter with
Mrs. Smith and his daughter. left on the 2
o'clock train for st. Louis. Senator Mat
thews went home to Clayton. Attorney
General Crow and his family went to st.
Louis. Morton Jourdan also left, and said
that he expected to leave tomorrow night
for a short rest at Block Island. on the
Atlantic Coast.
1t is said that Mrs. D. ]. Kelley. who was
served with subpoena to appear before the
Cole County Grand Jury just before her
departure for St. Louis will not appear
next Monday. as the subpoena commands.
She has gone to join her husband in Can
ada, and. it is said. will remain there until
the Farris case is called. August "a There
are several questions which the Attorney
| General would like to ask her. and II she
| appears before the Grand Jury adjourns
! she will be served with an attachment to
| appear before the inQuisitorial body
| JUDGE TIMMONDS
| TAKES THE BENCH.
| Judge Timmonds assembled the 5sash at
| 9:0o o'clock, having arrived in Jefferson
| City at 800 a. m. Attorney Pope filed n
| motion to strike out parts OF the answer to
| the plea in abatement. For the first tine
| in any Of the cases Judge Tinmonds asked
| the attorneys TO make oral arguments
| Both sides said that they were willing to
| leave the matter to the court, but made
| short explanations of the motions. Judge
| Trimmonds overruled the motlol to strike
| out. The demurrer to the plea IL abate-
| ment was also argued orally.
| Attorney Pope laid especial stress upon
| the absence of one Grand Juror during part
of the sessions and the presence Of the court
stenographer in the Grand Jury room. Cen
| eral Crow said that If nine members OF the
| indicting body were present, the legal reQui-
i site number to vote Indictment. no
cause for complaint arose.
| About the stenographer's presence in The
| Grand Jury room. General Crow sail that
| It would have to be shown that his presence
| was prejudicial TO the defendant, fact
| not confessed by any evidence.
| Attorney Jourdan argued that the
statutes did not authorize the presence of
the court stenographer in the Grand Jury
room and called attention to the fact that
| the only act on that subject confined its
| operations to the city of ST. Louis.
| Judge Timmonds reviewed the admissions
| in the demurrer and said that til. stenogra-
| pher had no more right to be in the Grand
| Jury room than a farmer any other
| stranger and that it was not according to
| law. He said that the secrecy of the
Grand Jury room must be preserved for the
protection of the Grand Jury Itself, so that
| 1t could feel at liberty to act "ourageousiy
| and fearlessly.
In view of the fact that the demurrer ad-
mits that no prejudice to the defendant re-
, suited. Judge Timmonds said that while the
| courts might hold irregularities IN 4 r,etit
| jury wrongful TO the defendan. he could
not see how the Indictment. whace the
| State had to prove the guilt of the defend
| ant was defective. He therefore overruled
| the demurrer.
For the State. Attorney General Crow
said he was ready for trial.
Attorney Jourdan said that the other
| three cases had been put over until the
latter part of August. and asked that the
Sullivan case be continued until later,
| though in this term of court. He said that
| some witnesses for the defense were not
| present. If it were continued. Attorney
Jourdon promised that the defendant would
be ready for trial.
Judge Timmords said he could not sec
! how If the Sullivan case was not connected
in any way with the other three cases. the
| defendant would be prejudiced. Mr. Jour-
dan thought the general sentiment was pref.
judicial to the defendant. Mr.. Jourdan also
stated that he had eaten only one nouthful
| OF solid food since a week ago las; Sun
| day and was not in fit physical condition.
General Crow said he had no preferences
in the matter.
After consultation between the attor.
| neys and Judges HAZEL and Tirnmonds the
court continued the case until Wednesday
August 49, announcing that Mr.. Jourdan'.
condition was the cause.
P. E. BURTON.