The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-15
UNITED STATES
COURT OPENS
Case of w. D. Hibbon Is Dis
missed.
CRIMINAL HEARINGS FIRST
Docket Will Be Cleared with
Dispatch.
CRIMINAL HEARINGS FIRST

Judge John c. Pollock. OF the United
States court convened the second divi-
sion branch yesterday morning at ten
O'Clock in the Federal court room on the
third floor of the post Office building
Attorneys from all parts OF the division.
which comprises forty counties in the
southern and western portion of the state
were present, and nearly every case on
the combined dockets was represented by
one or more counsel.
After the impressive cali of the court
crier announcing the United States court
to be in session and invoking Divine
guidance on ali concerned, the grand
jury was called out, after instructions by
Judge Pollock. as to their deliberations
a this term of court. was sworn in.
The members of the grand jury an
swering TO the call and being sworn by
the clerk of the district court, are as
follows:
J. NJ Milburn. FL Dorado; +. +. Frazier,
ColdYater: Thomas Norris. Wichita: Ed
Roberts Garden City; John Brock. Hess;
J. .. Bare, Protection; A J. Manuel.
Newton; G. L. Holmes. Garden City; \.
J. Brown. Conway Springs; O. S, Gibson.
Arkansas City; Newton Denning. Hutch
inson; H. y. Ford Wichita; Frank Max
We. Akaw; Dell Warner, Pierceville;
c. l.. Thomas. Dodge City: ]. T. Carter.
Hartland; c. II. Sohn. Anthony Lewis
Frame. Sawyer; Jasob Logan. FL Dorado;
w. H. Chapman, Dodge City; Thomas
Hazel Deerfield
Before allowing the jury to retire to
the jury room, the judge appointed Ed
Roberts foreman for the session. After
the jury had retired a. j. Manuel. of
Newton. was excused from service on
account Of sickness in his family
Judge Pollock, who. at the opening Of
court, had defined in few words his posi-
ton. and expressed an intention of
cases any attorney pleading at the bar
as to cause or procedure. next read the
combined dockets commencing at the
criminal cases and continuing through
to the civil section.
The various criminal and equity cases,
the first to be disposed of. were set for
hea ring AZ later dates during the term,
commencing this morning when No 10lS
on the equity docket the cast of Louis
H. Poll VS.. W. A Hicks. trustee, will
be heard. followed by No. &3l on the
criminal docket the case of United States
vs.. Frank st. Clair George Gallagher and
John Underhill. on a charge of robbinS
the post Office at Galva. Kansas. In this
bill which was returned at the last term,
the defendants are charged with taking
the sum of slo0.l0 from the post office and
the argument was made by attorney for
the defense that in-as-much as the bill
does not explicitly state the exact amount
and denomination of the monies stolen.
the indictment is void. 1t was the fist
argument to be made before Judge Pol
lock as United States iudgs, and the at
torneys present were much interested as
to how he would hold in the plea. The
district attorney was instructed 10 bring
the action this morning when full weight
will be given to the charge and argu-
ment of dismissal.
The next argument heard was also n
case that was before the last term in re-
gard to shipping birds killed in the state
out of season to another state Counsel
for defens. argued that the charge in
this case could not be sustained as the
birds were killed during the open season
and were not shipped from the state, be-
ing held at the depot in Wichita before
ahipment. Judge Pollock instructed the
district attorney TO submit proof in this
case also that the offense was actually
committed as stated.
After hearing pleas from several at
torneys for time 10 prepare statements
HOY n
the nudge adjourned court Tor the noon
hour to re-convene at two o'clock
Afternoon Session.
Promptly at two o'clock Judge Pollock
made his appearance on the bench and