The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-11-19
JURY PANEL IS ILLEGAL
JUDGE MORGAN so DECIDES
say was DrA~a in Local A,tornsy.s on
ca whsn - should Have Resn Dons a.
the Court Heuss naay Prevent rrial
sfJaFy Gases.

In the district court at Rathdrum,
Tuesday, the county attorney created
= sensation by offering motion 70
quash the present jury panel. alIeg.
ing that the list Of jurors was select
ed in local attorney's office sud not
from the poll list ~ provided by law. 4
The commissioners and county I
officers were on the witness stand and /
their testimony shows that the com
missioners received iists Of names I
from several sources, whieh lists wefe 1
used ss . basis for selecting the pres
eDt iurymen. The investigation I
was concluded "Wednesday.
Evidence q county officials and /
deputies vas taksn showing the cam
missioner methods Of selecting the
jury. The evidence vas conflicting
- TO tbs uss Of the poll llsts. Tbs
courtroom WAS packed with specta-
tors 60 bear the arguments. Tho
eouaty attorney was asslsted BY J. L.
MccteaF. aud q. l.. Hoffman opposed
The motion 70 gnash the panels.
8eated aud sensational language Wss
used by counsel.
On the witness stand the county
treasurer testified that be vas invlted
10 aiteRd the meeting II che olEsce Of
q. l.. Hsitmsn. Nith the sheriff,
assessor and commissioners present,
for the purpose Of aiding 70 select a
jury panel. lie ssid Hoffman suggest
81 several names for Tho list. Other
officials who attended ths nesting,
svore that Hsitman did not furnish
any namea-
In the closing aFRumsut Heltman
denied uslns influsnce IN the seiec-
ton q the list. and severely cansured
the county attorney for not defend.
lag the commissioners inatsad of per.
hitting them to use illegal methods.
| Attorney McCleaF. who argued 60
support the motion. defended County
Attorney Wilson. and declared that
Wilson was not allowed 10 BE- present
st the meeting because Of enmity be-
tween himself aud Hoffman. He
said he hoped the neKt Legislature
would amend the present Lac 20
iuruFn could b. selected at ihe court
house and not ia local attorneys
ofSicos.
Considerable Importance attaches
70 the decision Of the court. which
holds that the panel was illegally
drawn. IL lie believed that this will
lprevont the triAi Of jury csses az the
present terus Of court as the law
makes no provision for a second
vrairv. II this view OF the matter is
taken by tho court, all Of the tirebug
cases from this city will so over 20
thu next term a. well a. other
criminal cases. Il leaves the court
business Ia a demorallzed condition
and has resulted Ia some bitter feel.
ing between interested parties
| 10 pass ing upon the motion, Judge
Morgan said There Is some con-
dict ia this testimony, and the
parties remember CERTAIN things and
do not remember others. Some testi.
mony, however, lie clear and positive
relative 20 tho matter. II is suFl.
Client TO say that the court believes
the officers upon whom devolved the
duty OF selecting a jury acted In
good faith. aud endeavored to select
good jury, and no blame Il attached
a. Ahent hts cha s4ssstY.4
'fwherc the blame lice the court IL
not prepared TO say, ms that has not
developed from the evidence. But Il
is sufficient to say that this method
OF drawing jurors for service In this
or any other county ls entirely i'm.
proper, and not in accordance with
the statutes; and the court warns the
incoming officers THAT II repetition
OF this method Of drawing jurors
occurs again Il will call grand jury
20 investigate,
THE court regrets that this cues.
tlon has arisen, ~ tho public bust.
mesa Of thie court Is In very bad con-
dltion, but the laws are laid down
1
for us to follow, and must be com.
piled with. Litieants are guaranteed
by the constitution and laws 60 have
fair and impartial jurors, and while
the court does not mean TO say the
present jury IL partial one, yet ths
method Of drawing II IL not legal.
''It Is shown that the lists werS
made up from suggestions by parties
from the outside, unauthorized by
law to select Jurors, while the poll
lists, from which lists should b
drawn, were used merely for com
pariaon; also that no certified list
were used, bat the names taken .,
typewritton lists copied directly b