The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-30

Gives Concise Instructions Con-
cerning the Duties.

w. Dana with exactly the same per
sonneI drawn last December. Five
nIeaded to be excused. but the court
denied their petitions. E. Fl. Crosby
was made foreman. The jury Went
into session at exactly 1880 o CLOCK
John Coyne was appointed balllfr- Inc
jurors are as follows:
E. H Crosby, Topeka, foreman
e. r. Ruggin, Auburn, township
a. A. Kreipe, Tecumseh, township.
J. A .Pavey Williamsport township.
Michael Heery. Topeka
c. S. Elliott, Topeka.
Hugh Lawlor, Topeka.
Robert Keith, Soldier township
NJ. N. Schlegel. Topeka
James Hayes, Topeka
]. G. Cornellson, Soldier township
J w. Kempton, Topeka
J. c.. Smith, Topeka
l.. Van Hook. Topeka.
William Bradbury, Silver Lake
township.
jurors to report. All answered pres
ent' to the roll call.
IT am now ready to listen to any
reasons which any juror may presenI
to be excused from service. salo
Judge Dana.
c. S. Elliott was on his feet before
the court had concluded his sentence
your honor said Mr.. Elliott. I do
not ask to be excused for PERSONA al
reasons, but for business ones IN
which other people are Interested. My
cashier is sick and that doubles my
duties Legislative measures may
come UP at any time which require
my attention.
The court said nothing.
'Your honor" said J. W. kempton'
rising IT run the heating plant at the
high school and there IS no one TO
take my place I ought to be there-
The court said nothing.
your honor" said NJ N. SchlegeI
getting on his feet. 7 am the man
ager of the w. A. L. Thompson Hard
ware company and l am needed there-
1t is practically impossible for me to
serve, because of business reasons"
The court said nothing
Your Honor" exclaimed L. Van
Hook, commanding the judges atten-
ton, ''it is impossible for me to serve
because my health is poor. 1 do not
come down town very often because
I cannot get around very We'll
The court said nothing.
your Honor" said E. H. Crosby
rising and advancing toward the
bench, "it is absolutely impossible for
me to serve. My partner goes to New
York next week and every day some
thing comes up that requires the per
sonaI attention of one of u.s. II viii
mean a financial loss to US But if
that is not enough reason, can claim
excuse because am in the employ of
the government 1 am postmaster of
Sub-Station No. 2. and on the back
of this subpoena it says that gov
ernment employe need not serve.
Then the court did say something.
Mr.. Crosby" said Judge Dana,
''when the government interferes on
YOUR behalf then we will see to it.
For the present the court desires you
to serve on this jury
q connOt excuse any of you, said
the court "I appreciate that your
business needs attention and may
hT1f no
disqualifS any of you. We want just
those kind of men, They have the
best qualifications to serve as grand
jurors AS citizens the duty is a high
one. and you owe it to the city, to the
county and to the state. You will
notice another thing, and that is that
the members of a grand jury are not
tied up as are petit jurors. You do
not have to spend all your time here
whether serving or not. 1t takes time
for the sheriff to serve the subpOenas
and writs and during that time you
can adjourn. In fact you can adjourn
until the next day at any time you
choose In that way you will realize
that your duties as a grand juror will
not be as heavy as those of the petit
Juror and will not take as much time
for sickness to yourself or in your
family. or great financial loss to your
business by your absence. AS a favor
to the court and realization of your
duty to the state, I will ask you to
serve. We will consider that these
reasons are not sufficient
Mr. E. H. Crosby" continued Judge
Dana, Il viii appoint you foreman.
Come forward and take the oath of
Office
Mr.. Crosby did so and was sworn in by
Judge Dana himself. Court Stenographer |
Gharles Bower gave the remaining jurors
The court then gave the jury its in |
structions and spoke generally concerning |
the law controlling its deliberations.
9ou viii observe the character of your
outes said Judge Dana, is embraced /
IN the oath you have taken. Therein you /
VIII also find the spirit with which you |
shall approach and discharge those duties. |
l ou viii inquire diligently into and true 1
against the state, cOgnizable in this court, /
OF which you can obtain legal evidence. |
That is the scope of your duties. You are |
to concern yourself with OffenSes against !
on are 10 carry no malice into your de- !
lDerat'Onss. A grand jury is not a place |
for spite or ill-will against fellow men. /
II Is not place to get even with any /
body. Danish al such idea from your /
mind Protect no one through fear or IA |
vor. You are to do your duty without /
and without favor or hope of reward Do I
these things to the best of your knOvvl- /
edge and skill. Do these things from a
knowledge of the truth. the whole truth /
and nothing but the truth.
Then Judge Dana advised the Jury of /
legal matters, telling the members that /
they can at any time confer with The
court or County Attorney Hungate but |
also warned them to have no one in the
court room but the jury when an indiCt-
ment is being discussed or voted upon He I
then gave them informa ton relative to !
the making up of q true bill and nainol. |
matters He called their attention to fhe
prohibitOry law, stating that indictments
can be returned against anv one M l~i,1ry |
or selling LIQUOR without permit to do 30 |