The Birmingham age-herald., 1905-01-17
SOUGHT ID QUASH
 THE INDICTMENT Attorney Pleaded Fourteenth Amendment for Client CHARGED WITH MURDER Witnesses Examined in Criminal Court to Show Negroes Do Not Serve on Jurles in Jefferson Courts.
 Motion Is overruled.

the constitution of the United States, Attorney George P Bondurant yester- day afternoon in the criminal court against a negro by the grand jury of Jefferson county qussaed for the reason that a negro was not on the grand jury. He also sought to have the jury venire quashed upon the same grounds. Both motions were overruled by Judge Dan A. Greene, presiding in the first division of the criminal court, after several wit nesses had been examined.
 The matter came up at the trial of Dick Morrow. a negro who Is charged with killing Tom Walker alis Ed Walker another negro, by stabbing him with q knife in a saloon on the Southside about a year ago. Morrow was later captured in Mobile and brought back to Birming- ham for trial. His complexion is almost white and he has straight black hair. Ordinarily he would not be taken for negro by a casual observer.
 After overruling several motions of the defendants attorney to continue the hear ing of the case, MT. Bondurant present.  passing the motion on the fourteenth amendment to the constitution, which reads in part: Fourteenth Amendment.
 "All persons born or naturalized In the United States and subject to the Jurisdic- tion thereof, are citizens of the the United States and of the state wherein they | zl.afI o1ro any law which shall abridge the privil- eges or immunities of citizens of the United States; nor shall any state deprive any person of life. liberty or property without due process of law, nor deny to any person within it's Jurisdiction the equal protection of the laws" MT. Bondurant was one of the three registrars for Jefferson county several years ago It Is understood that should the verdi. of the jury in the Morrow case be against the defendant. that At torney Bondurant will appeal the case to the supreme court on his motion which was overruled. The case can go to the supreme court of the United States.
 After filing his motion Attorney Bon durant asked that the members of the Board of Revenue be summoned to testify with reference to the drawing of juries. Deputy Sheriff 8. J. Snow was sent by the court to summon the members and | Capt H. W. Crook, Hugh McGeever, Job l Going. John T. Reed and Charles K. Dickey responded. Inasmuch as Captain Crook and MT. McGeever are tho only old members on the board the others were excused. Summonsos were sent out for the three members of the board who recently retired, to-wit: Capt. A. J. Tar rant, w. II. Wilson and J. K. P. Laird. They did not respond, however.
 Captain Crook Called.
 Captain H. W. Crook was called by Att torney Bondurant.
 Are you a member of the Board of Revenue?"
 'T am."
 Member in April, 1s04?"
 ''Yes, sir"
 "Is it the duty of the Board of Revenue to draw the grand jury?"
 "The court will take Judicial knowledge of that fact" said Judge Greene.
 Did the grand jury in April. 1904 draw any indictment?"
 "Yes, sir"
 Were there any negroes on the grand jury?"
 NO, sir"
 Are there any negro tax payers and citizens of Jefferson county?"
 Don't know"
 Were the names of any negroes put in the jury box?'
 Could not say"
 How many qualified electors are there in Jefferson county?" l Cannot say.'
 What Is the negro population of Jef- ferson countyT
 Cant say" l About how many?"
 Should judge about 50,000."
 Drawing Grand Jurors.
 How do you draw grand jurors?"
 We have box containing names of 10000 or 15.O0O When we get acquisitions from criminal court we draw the Juries taking the petty jury first. We always try and get good citizens to serve on all of the juries"
 Are petty and grand Juries drawn from same box?'
 Yes, sir.'' Cross-examination:
 How do you get the names to go in the jury box?" asked Assistant Solicitor Winston.
 We get the names from registration