Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-03
PACKING JUR|E&
IS EASY IN IOWA
Present Law Fails to Provide
Safeguards Against the
Unscrupulous
BOTH GRAND AND PETIT JuRIEs
One Who Has Tried the Experiment
Says Eighty Per Cent of Favored
Names Will be Drawn as Desired
Facts to be Called to Attention of
tho Legislature.
Special to Times Republican.

SpeCldl 10
4 Des Moines Dec 3.-"Grand juror
selection under the present Iowa law is
capable of the grossest manipulation
1t is possible continually under the
present methods to pack both grand
and petit jures and a system that is
possible of being worked Is wrong.
The jury system, considered the bull
wark of free people, under Iowa 5
law, is a farce. Following the methods
used in selecting the jurors in Polk
county / can take out the names OF
| jurors every time the way l wish 10
and in drawing petit jurors l can get
eighty per cent of those ! wish"
The above Is the statement of Alder
man j. L. Haniery, of Des Moines, who
has gained some prominence and con-
sldera BILE popularity by disclosing the
| bribery practiced by the street car Of
/ ficials Of this city. The statement was
made after Alderman Hamery had gone
Ito the court house and using the box
from which the clerk draws the juries
and the same ballots as used by them
| five times In succession drew out tn :
ballots in the order as he'had declared
he could do.
On top of the statement Of Alder
man Hamery state house official said
that in his county during prohibition
days it was impossible to get temper
ance man on the grand jury and he was
convinced the selection of the grand
jurors was manipulated then and is be-
ling done now continually in not one.
but many of the counties of the state.
Alderman Hamery has offered to use
the Polk county box and ballots for
hdrawing- juries, and beforeaan audience
or delegation of citizens once or any
number Of times demonstrated that he
can manipulate the drawing so as to
draw only certain agreed names from
the box. He will mix the ballots In
just the way that they are mixed in
Polk county.
The box used in Polk county is an
octagonal affair hung on an axle. The
ballots are placed inside and the box
whirled around and the names then
drawn out. Alderman Hamery says it
all depends on how they are put in.
They will come out in the reverse or
der TO that which they go in. He
claims that just as the water in a
bucket will stay in the bucket when
the bucket is whired over ones head
so the ballots stay in the same place.
They may slide around bit when the
box is started and stopped, but will
not change their position. Whether
this is true or not Alderman Hamery
did go to the court house and did
draw out the names in the order IN
which he said he would five times in
succession and he used the same
methods as used by the clerk in draw
ing the grand jurors.
Alderman Hamery will not say that
the clerk of courts Of Polk county has
been manipulating the selection Of the
grand jurors, but some Of his friends
are not quite so conservative There
is no direct evidence that the selection
has been manipulated but continually
Des Moines people are pointing to the
fact that after the grand jury refused
to indict Hippee the four who favored
an indictment were not selected.
AS is we'll known twelve men con-
stitute the grand jury panel for year.
From these twelve men seven are Sc
lected at the beginning of each term
of court to constitute the grand jury
for that term. At the September term
the Hippee charge was presented and
four voted for an indictment and three
against an indictment. Five votes in
favor are necessary before an indict-
ment can be returned. The failure
to indct Iippee did not prevent the
grand jury for the November term
bringing in an indictment, but when
the seven men were selected for the
November term it was found that the
four who favored an Indictment were
left off and the three who were oppos-
ed to an indictment were selected with
enough from the remaining five on the
panel to make up the jury of seven.
Alderman Hamery at the court
house did not experiment with the Sc
lection of petit jurors but at his home
he has made box as nearly as pos
sible like that used by Polk county
and he has experimental there. He
finds that he can draw so per cent.
That is, he can elk" petit jury selec-
ton to the extent of 80 per cent Of the
names drawn out.
Whether the rest of the state has the
same conditions prevailing or not the
next legislature is going to have the
facts as they exist in Polk county pre-
sented to it in no uncertain terms
Alderman Hamerys friends are out
spoken in saying that they can hope
for no bettering of the conditions in
Des Moines until the sources of justice
are in a little better shape