The Leon reporter. (Leon, Iowa) 1887-1930, 1907-01-24
Day Cumming May be Tried Again.

they adjourn will pass resolution to
appropriate sum sufficient to employ
an attorney or attorneys to assist in
the prosecution of the other indict-
ments now pending against Mr.. Dun
ming in Clarke county. 1t is the bust
ness of the county attorney of Clarke
county to urge the cases to trial, but
in all such cases additional counsel is
generally provided by the state. If the
beard takes such action, then Mr.. Dun
ming may have to stand trial on at least
one of the other indictments.
1t is the opinion of many that the
feeling against Mr.. Dunning on the part
OF the creditors has not subsidized, and
the board has been urged by numerous
taxpayers to take the step that is pre-
dicted they will take in the matter of
emp Dying additional counsel.
Ii the case comes up again the at
torneys for Dunning will doubtless
move to have the case dismissed claim
ing the case has already been adjudi-
Gated and that person cannot twice
be placed in jeopardy for the same Of
tense. If the court sustains this mo-
ton, then all of the indictments against
Cunning can be dismissed, and he
would be released. However, the
state can appeal on this point to the
Supreme court.
But in case the trial Judge should
overrule the motion of former adiudica-
ton, then the case would have to be
tried over again, and it is thought the
costs of the next trial will exceed those
of the second trial. The expense of the
last trial at Osceola amounted to
$1,564.S2. The attorneys for the de-
tense will probably introduce a larger
number of witnesses next time, and it is
predicted that the expense will be
greater.
If the motion of the former adjud-
ication is overruled the supreme court
will not be permitted to pass on the
point until the case is appealed in the
regular way, and this would involve
retrial of the case. Mr.. Dunning could
demand speedy and prompt trial, and
his attorneys conld not only depend on
the point of former adjudication in an
appeal to the supreme court, but they
could also take advantage of all errors
in the third trial of the case to support
their contention for new trial.
ANOTHER LOOP HOLE.
1t now appears that the attorneys
for Mr.. Cunning have discovered
another loop hole in the law. 1t grows
out of the question recently raised by
the Civic League of Des Moines as to
the validity of the grand and petit
juries in Polk county. 1t seems that in
Polk county some of the judges and
clerks of election reported their own
names on the jury list and the names
of others who had requested to have
their names reported. This is expressly
forbidden under the law which can be
found in Section 337 of the Code was pre-
scented to district judges of Polk county
sitting in body and it was their
unanimous decision that all clerks and
judges of election who returned their
own names for jury service were dis
qualified to act on the grand and petit
juries. The whole jury panel in Polk
county has been discharged and the
legislature will be asked to provide
some law to cover the emergency.
But to the point at hand. 1t now
appears that the grand jury in Ring
gold county which indicted Day
Cunning had three members who had
acted as judges or clerks of election
and who had certified to their own
names at the election in 1903 for jury
service in 1904. None of these men
were cOuHcfSduU WlUu Uuc law, duu uO
blame can be attached to any of these
men, for the practice has been general
over the state. In number OF places
indictments have already been dis
missed where grand juries had been
preme court will doubtless sustain the
have ruled to dismiss these indictments,
IL oh Fol oil Of ha
indictments against Mr.. Cumming can
likewise be dismissed.
PORTION OF THE RULING.
The following is a portion of the
decision of the Polk county judges as
to the validity of an Indictment re-
turned by the grand jury composed in
part of men who served as judges OF
clerks of election:
sin numerous instances the judges OF
election, at the last general election
who were charged by law with the
duty of returning names from which tc
select the grand and petit jury, have
returned their own names for theil
service.
1.-THE judges of election are also pro
vided, as by law required, with lists o.
persons who have served as grand anc
petit Jurors during the preceding year
and this for the purpose of preventing
the return of such names as jurors fol
this year. And it appears from the
testimony that, in violation of the law
and their instructions, the judges o
election have returned many names o
persons who have served as grand ant
J petit jurors since the first of Januar.
last preceding the general election
These persons, and the judges them
: selves, are illegally returned al
} members of either the grand or petit
/, jury and would be subject to challeng
: if drawn in open court and challenges
for cause.
l 1--WE desire in this opinion, mos
2 emphatically, to pronounce our dis
? approval of the actions of the judges G
S election at the last general electio
:, who put their own names upon the list
0 from which to draw the grand and petit
jurors for this term of court. 1t is
plain provision of our law that any ma
who solicits judges of election eithe
: directly or indirectly to return hi