The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-08-02
Trial Judge Expresses Dissatis-
faction With the Panel Sc
lected From Which 10
Draw Jury.
NO FRAUD CHARGE MADE.
Officer Warned That in Securing
Eenire for Second Trial He
Must Not Select Clients of
Any Interested Attorneys.
BY A STAFF CORRESPONDENT.

BY STAFF CORRESPONDENT
Butler. Mo. Aug. 1.-The special jury
panel summoned for the trial of Charles
Kratz. with which Judge W. W. Graves
had expressed dissatisfaction. was dis
charged this morning in the Bates Coun-
ty Circuit Court. When the case comes
up September IS. to which date It has beer.
continued. Judge Graves is confident that
the new panel then to be provided will
offer as good material for jury as Bates
County possesses.
Joe 7. Smith, Sheriff OF the county. ad-
mits that unfortunate selections were
made for the first panel, and promises
that no fault can be found with the panel
10 be secured under the second ven;re.
Ba.es County citizens are worked UP over
this question OF a Kratz jury. Folk as
the Ds mocratic State nominee attracts the
interest of the whole county.
Because Of the Rotoriety Kratz gained
by his nigh, to Mexico and subsequent de-
notice. and accounts of the proceedings
here will be published throughout the
country. Bates County citizens. there
fore. are chagrined at the turn affairs
took.
When the Jury panel was announce
saturday there was q tense moment or
two in the courtroom. and Sheriff Smith
felt unpleasant for time. Judge Graves
put his foot down hard. Five men of the
IaneI were clients Of Clark and Francis
co. attorneys for Kratz. at Butler. Two
others were Of class that rendered them
unsatisfactory selections. In the opinion Of
the Judge.
NO FRAUD INT1MATED.
Judge Graves did not intimate that any
knowledge. direct or indirect. which he
possessed. pointed out 70 bald q thing as
deliberate tury-hxinz. He took the posi-
ton that these men were unqualified TO
serve in the case, and that their choice
would have laid the court, the Sheriff
and the county open TO criticism for coun-
tenancing an improperly. In the case
Of only one man in the twenty-four could
the question Of personal fitness have be..
raised.
Il 90 not propose" said Judge Graves,
In discussing the matter. to have the
kratz case tried by Jurors who are clients
Of attorneys in the case. will specifically
direct Sheriff Smith not to have any ell
ent OF any attorney retained on either
side on the new panel TO be selected.
want q jury composed Of the strongest
men in the county. ! know this county
and will see that wrong selections are not
made"
Sheriff Smith denies vehementiy that
anything like a deal to hide or hx the
jury had existed.
Judge Graves was In the firm with Clark
until the former went upon the bench.
Then Francisco entered into the partner
ship. 1t is not thought that politics
figured In the selection Of a panel. Not
much further importance is attributed to
the incident. since solution has been
found. and the belief is general that the
next panel will be above reproach as TO
all Of its members.
joseph W. Folk. orrick Bishop, T. 7.
Fauntleroy and Doctor G. Wiley Broome.
the st. Louis contingent in the case on this
occasion. arrived at Butler at 52,0 O'Clock
this morning.
BROOME sWEARs TO ILLNESS.
Court convened at 8 o'clock. Folk an
rOunced ready on behalf Of the State.
FauntIeroy presented his affidavit for
continuance on the part OF Kratz. Doctor
Broome was sworn and testified concerning
the sickness OF the defendant
He first visited Kratz a week aso last
Wednesday. he said. He then wa. satis-
Ned that Kratz was suffering with acute
ID
lated hernia.
Il accompanied Mr.. FauntIcroy 10 nee
Mr.. Kratz last night" said Doctor Hroome.
His condition was too uncertain to permit
his leaving his bed TO make any trip. I
should ray that II would be sx weeks be-
fore he can be well enough to undertake
the trip here and 10 undergo the excite
ment Of a trial. am certain that the
cardinal symptoms manifested By him
could not be fefgned. examined carefully
into that myself. an suspected something
Of the sort. The man is barely able to
stand
At the end Of Doctor Brooine's testimony
Judge Graves sustained the motion for
continuance. IN order 10 allow plenty of
time. September % was set AZ the date for
trial
Mer,r,. Fisher and Fanntleroy and Doc
tor Broorne left Butler upon the noon
TRAIN. expecting TO 20 home by way Of
Xansss City. Mr. Folk expected N take
thig train. but rni,se5 IT, He was enter
tsined by A. y. Lndwick. Prosecuting At
forncy Of Bates County. hotel bus WAS
TO call and take the guberna torisI nominee
20 the depot. but somchow the driver for
got all about the new leader OF U~r,oc
racy's hosts in Missouri. 30 Mr.. ppik was
compelled 10 remain over for the nisbt
trsin. HAsTTNGs NcADAA