The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-31
DANA STOPPED IT
District Judge Continues One Of
City Damage Suits.
Rebukes City Attorney for His
Actions in Court.
PILES UP THE COSTS.
Exhausts Regular Jurymen and
Asks for Special Panel.
Mr. Dreaming Says He Was Very
Much Hurt.
PILES UP THE COSTS.

Much Hurt.
City Attorney Dreaming was made
the subject of a severe 'skinning'' at
the hands of Judge A. W. Dana of the
! Shawnee county district court this
morning, because of his habit of chal-
/ longing taIesmen from the jury in
cases of minor Importance.
The source of today's roast" dates
back to the case of Mrs. Rebecca Pert
against the city for $1,000 personal
damages, which she sustained in fall
/ ing on a defective sidewalk. Dreaming
/ challenged all of the talesmen in that
case, and called for two special venires.
The two special venires consisted Of
As men and % regulars, making total
| of 81 men which were used to secure
/ a jury.
That made the court rather indig-
nant, but the judge said nothing. To-
day. however, the last straw was added
/ The case of In Re Appeal of F. w
/ Thomas was called for this morning.
/ Sometime ago the city condemned a
little patch of ground south of Christ <
/ hospital, belonging to Thomas, for
PARK purposes An appralseIhehl was
made, with which Mr.. Thomas was
not satisfied and he brought suit
against the city for a larger amount.
t The case is a rather immaterial one,
and one that can be handled by prac-
! tically any jury. But Mr.. Dreaming at
once got busy today and challenged all
/ of the talesmen. 1t exhausted the list
| of jurors and the city attorney called
for a special venire-
He got something else. This is what
/ the court said. 1T seems to me thai
| from 20 men doing work for the coun~
! ty, for large and small amounts, il.
which life and liberty is involved
it seems to me that the city ought to
! get a jury in a. case of this kind with~
out getting a special venire every tins
/ it comes into court. This kind of bust
ness of challenging all of the talesmen
on case of this kind is very expensive
1 to the county. No one likes to see It.
! Technically you are correct, but as a
practical matter, I do not see why
you should saddle this expense on the
county. Taxpayers have some right
in this court, and shall see that thesS
rights are protected. This case win
be continued until the next term or
court
Mr.. Dreaming stood calmly by and
didn't move muscle. The judge turn
ed in his chair and went into his cham
bers. The city attorney gathered up
! his books, loaded them into the wait
/ ing arms of Mr.. Ralston, his assistant,
and together the two filed out of the
court room. A serenity hung over the
court room as 1t does over church
steeple on Sunday morning.
Mr.. Drennfng's feelings were consid-
| erably injured by the courts action.
I certainly do feel hurt, he said, I
certainly do I was exceedingly sur
/ prised at the courts action. 1 never
i heard of anything like it before. It
/ just took me off my feet. 1 certainly
| have right to try my cases as L think
! best. It wasn't a fool idea of mine to
| challenge the talesmen. l knew the
majority of those jurymen. They We're
not people who were acquainted with
the values of real estate in Topeka.
| That point l wished to keep very care
full sight of. and that is the reason /
tried the case as 1 did. / was look
ing after the city's affairs. and I be-
/ lieve my course was the right one. To
say that 1 am hurt and surprised ex-
presses 1t mildly. But of course l can
do nothing. The court put the case
over TO the next term. That is all there
is to it,
Some lawyers have a chronic habit
i of challenging talesmen from a jury.
! A talesman. for the uninitiated, is a
j man not on the regular impaneled
| jury, that is the first one drawn to
serve the entire term, but one called
in afterwards. In a murder case it is
challenge all of the talesmen and
there is very good theory back of it,
| namely, that they all know the county
/ attorney. by reason Of being in con-
tinual service for a time. But in minor
| civil cases this bearing does not enter.
In the case of Rebecca Pert, where
Mr.. Dreaming exhausted the regular
panel and called for two special We
hires, the extra jurors cost the county
over $125. To prevent a repetition of
this expense. the Judge this morning
read the riot act to Dreaming and arbi-
| trarily stopped proceedings by showing
/ the case over TO the next term of court.
Lawyers who are in the habit of chal-
i longing falesmen in unimpOrtant cases
will probably SIT up and take notice.
! Lots OF money is thrown away by
! calling for special venires and Judge
Dana's action will mean a big saving,
| not in this case particularly. but in fu-
/ ture ones where similar tactics may
! he indulged in by attorneys.