Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-01
GREAT IMPORTANCE
Should Attempt Prove Successful, All
Indictments and Work Of 1907 Grand
Juries Would Be Set Aside-Motion
Is Filed in Eleven Criminal Cases
Manner Of Selection Claim.

begun laIe SATURDAY dIleIAooH oAA
continued this morning. in an attempt
to quash indictments returned last
week. Claiming that for various rea-
sons the entire panel Of grand jurors
for the year were improperly and IL
legally drawn and impaneled, it Is
sought to have discharged eleven oil
those who were held to trial in the dis
trict court by the grand jury of the
March term.
| Should the motion be sustained II
will likewise apply to other cases IN
which indictments were returned. and
| 1t will similarly be applicable to the one
| indictment during the January term.
| The motion was taken up this morn
| ing in the states case against w. H.
| Wulke, Jr., charged with selling intoxi-
eating liquors, which was set for trial
today. The motion has also been filed
in the cases of A. Sanderman, Curly
Henderson, James Cannon. Ed. Bishop
Fred Morrison, Harry Robinson. Joe
Gleason. George Hughes. Greeley
Brown, and Harley Hildreth.
Claims OF the Mo1toh.
Because Of the manner Of selection OF
the grand jury panel, because judges
and clerks of elections which returned
names for the grand jury allowed, their
own names to be returned; because
names Of grand jurors were placed on
the list from some voting precincts
which were not certified to by the cleo
ton boards, and because names were
returned from other precincts for grand
jury duty when the election board was
not directed to return any names, are
some OF the principal reasons set out in
the motion why the grand juries were
both Illegal and disqualified from per-
forming the duties ascribed to them.
The motion contains thirty-four sec
lions and covers ten typewriter pages.
Cites Specific Cases.
The motion cites the specific in
stances on which the basis of the con-
tention of illegahty rests 1t sets forth
county auditor, wherein the chief
claims of the motion lie. In the selec-
ton, return, and certification of the
grand jury panel 1t is alleged there was
violation of the law, 1t Is alleged
that in Timber Greek, Linn, Vienna.
Liberty and Iowa townships, names of
judges and clerks of the election boards
caused, or allowed to be returned, their
names for grand jury duty. Those who
were on the election boards and were
returned for grand jury duty were: E..
l. Monohon, judge of the Timber Creek
board; S. O. Lampman. a clerk of the
Linn township board; G. r. Lynch, a
clerk cf the Vienna township board; S.
G.. Brown, a clerk of the Liberty town
ship board and III. p. Nyce, a clerk of
the Iowa township board. 1t Is claimed
that Lampman and Lynch wrote their
own names in the grand jury list from
their precincts.
Other Irregularities Charged.
Other Irregularities charged are that
six names for grand jurors were placed
in the list from the Second ward, some
from Marietta township, Logan town
ship precinct No. g. and LeGrand town
ship, precinct No. 1, by County Auditor
w. 3. McLeland, when the list was
not certified to by the boards Of cleo
ton. In the list from Bangor township
lit is claimed that one OF the clerks OF
the election board failed to certify the
list. 1t is also claimed that three names
were returned by the board of election
from the Fifth ward, when the county
auditor had failed to direct the election
board to return any names.
The allegation is also made that the
county auditor, in certifying to the
election board certified that only
seventy-two names were required for
a grand jury, when the law requires
that seventy-five names be returned.
1t is set out in the motion that of the
seventy-five names twenty were mem
bers Of the boards of election of the
precincts of the county, and that only
fifty-ei Of the names were certified
to by the election boards.
Those drawn, who are claimed to be
irregular, and who served on the grand
juries of the year, were e. L. Monohon,
s. O. Lampman, C. r. Lynch, Hugh
Mcconnell, w 1T. G. woodward, W. E.
Preston, and J. E. Harvey
Not Enough Jurors From City.
The claim is made that Marshalltown
was not represented on the grand jury
by it's proportion of Jurors, such as the
law requires, and that instead of hav-
ing, as it should, almost one-half Of
the Jurors from the city, only one was
on the last grand jury.
The prayer in the motion that the
court allow the defendant to offer tes-
timony and documentary evidence in
support of the allegations of the mo-
ton was granted by Judge Bradshaw
late Saturday afternoon. The attorneys
for Wulke, and County Attorney Eyer
mayer. who is placed in the position of
defending the grand jury and the coun-
ty, have subpoenaed witnesses. Wilkes
attorneys have caused subpoenaes to
be served on almost a score OF mem
bers Of the election boards and coun-
ty officials and others.
The hearing of the motion, which has
assumed the aspect of a trial. may be
completed today and it may not be
finished until Tuesday
Big Crowd From "Branch."
Special rates. and an excursion train
to return on. induced a large patronage
to the city Saturday from points along
the Story City branch of the Iowa Gem
trail The rates were good on all reg