The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-01
UP TO JUDGE DANA
Question of Legality of Jury
Is Submitted.
Present System of Securing
Names Is Attacked.
MR.. GREEN ON STAND
Says That List Was Made Up
by Mr.. Zimmerman.
1t Was Done Under His Direc-
ton, However.
MIR. GREEN ON STAND

for John Ewing and Ed Green, who
were placed on trial yesterday on the
charge of having assaulted z. E.
Garner, of Shorey, with the intention
of killing him, on the most important
proposition which was raised Friday
afternoon by Mr.. Hungate and which
threatens the life and serviceability of
the new jury box which has just been
fixed up to furnish jurors for the con-
duct of the business in the district
court during the ensuing year.
There were not enough talesmen on
the regular jury panel now serving in
the court from which to select a jury
satisfactory to counsel for Ewing and
Green and it was necessary for the
court to order the drawing of special
venire. This was done at the noon
hour and when the selection of jury
was continued at the opening of the
court Friday afternoon Mr.. Hungate
| interrupted the proceedings with a
motion to quash the special venire be-
cause it had not been drawn accord
ing to law. The jurors and the spe-
cial veniremen were excused from the
court room for a time and while this
matter was being presented to the
court.
Mr.. Hungate presented two objec-
tons to the venire. One was that in
| the drawing of it when the name of a
person had been drawn from the box
and it was found that he lived in some
| part of the county other than the city
of Topeka his name was ordered laid
aside at the direction of Judge Dana
without an adequate reason being as
signed for this action. This is a Gus
tom that has always been pursued in
the drawing of a special venire to Sc
cure jury for case, the trial of
which has already been started 1t is
done for the purpose of getting a list
of veniremen who are within easy
reach of the court so that the progress
of the trial will not be delayed un-
necessarily. Heretofore no objection
has been made to this practice by at
torneys who have been Interested
But the other and vital objection
raised by Mr.. Hungate is that the
names in the jury box of the citizens
of Topeka who are liable for jury duty
during the year are not properly there
because the list from which they were
taken was not made out in accordance
with the law. The law for making out
the lists from which the jury box is
filled provides that township assessors
and mayors of cities in the counties
shall make out the lists of men to |
serve as jurors, placing one name on |
on the assessment rolls of the previous |
year. The law directs that these lists |
shall be prepared in April of each !
year and sent to the county clerk, |
whose duty it is to fill up the jury box
with them Mr.. Hungate contended |
that as matter of fact the list con-
tanning the Topeka names had not |
been made up by Mr.. Green, the
mayor, personally and testimony was
taken to show that this contention was
a good one.
The question involved, and which was
argued at length by Mr.. Hungate and
County Attorney Schenck this after
noon, is one of the most important ones
that has been brought before the dis
trict court for some time and in case
Judge Dana sustains the contentious of
MTs a 70 ic nd en-
reaching an effect it will have. One
thing is certain. 1t will be the reason
for causing an endless amount of con-
fusion in the conduct of the business of
the district court until a way is found
to iron out the difficulties
During the last two or three years
there has been considera Bile criticism of
the jurors from the city of Topeka that |
for service in the district court The
criticism has been made, but never be-
fore called to the attention of the court
in a proper manner that the MAYORS of |
the jury lists as the law requires but
have allowed other persons, generally
of the county clerks Office to
make out the lists for them. OF course
the person who makes out the list from
the assessment rolls has great leeway
In choosing persons to serve as jurors.
lists would have all the opportunity in
the world to select class of men who
might not make the most desirable set
Of jurors. Charges even have been
banded around in times past and with
in few months that these very things
were done in the filling of the jury
boxes in years past. From the develop
ments in court yesterday and further
investigation it seems to have been the
almost universal custom of the mayors
Of Topeka to allow some one in the
county clerks Office to make out the
list of names for them.
Mr. Zimmerman. the new county |
clerk has done like his predecessors
and made out the list for Mr.. Green.
There was no denial of this in the pro-
in court yesterday afternoon. |
Both Mr.. Green and Mr.. Zimmerman
were placed on the witness stand and
examined and their testimony on the
When Mr.. Green had been sworn, and
his was not until quite late in the {
afternoon, Mr.. Hungate asked of him: t
Did you during the month of April {
oeka. make a list of persons to serve
Is jurors during the year 1902"
ct think 1t was in the month of Z
April that I directed list to be pre-
pared: I didn't prepare one myself" '
''Did you ever, at your office, since I
'ou have been mayor, make list of :
persons as jurors for the year 1902" '
sked Mr.. Hungate. Q
mo, sir answered the mayor.
From what did you cause this list :
o be made?" was the next question. :
From what I directed it to be +
made" answered Mr.. Green. from Z
he taxpayers of the city-the list of 4
he-yes. from the taxpayers or citi- '
ems of the city who We're taxpayers"
''WeIl, what was It," queried Mr. Z
Iungate. "the tax roll. or the assess 4
nent roll or what?"
"I didn't direct any roll, or anything c
bout it. didn't give any directions"
the mayor. Z
did you select from those assessed +
N the assessment roll of the preced- c