Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-01-05
ACTION I0 SET ASIDE
JURY SELECTIONS
Des Moines Petition Supported
By Dispositions Which Are
Very Sensational
MAY WARRANT CRIMINAL ACTION
If True, tho Dispositions, Taken Before
Notary, Will Warrant Proceedings
Against a Number Of PeopIe-oues-
ton Of Jury Manipulation in Polk
County Como. to a Head Again.
special to Times-Republican.

Special to Times Republican.
Des Moines, Jan. 5.--Judge Parrish.
acting for Alderman ]. l.. Hamery, this
afternoon started action to have jury
selections set aside, because Of irregu-
larities and iilegalities in their selec-
ton. The petition is supported with
dispositions taken before the notary.
and very sensational, and If true are
sufficient to warrant criminal action
against number Of people.
That the manner of selecting juries
IN Polk county is full OF dry rot is what
the Civic League says to the Polk
| County Bar Association In little more
elegant terms. In communication ad-
dressed to Howard j. Clark, president
OF the bar association, yesterday, the
Civic League says the selection of the
Jurors is manipulated for the benefit
Of interested parties; that the Ferris
wheel arrangement box from which the
names Of jurors is drawn does not mix
the names at all; that the boxes con-
tanning the names of jurors are not
kept sealed as required by law; that
election judges put themselves on for
Judges, one precinct putting on all five
!! election Judges; that evidence is in
hand to show that many of the jurors
/ requested their names be put on the
/, list and are subject to prosecution un-
der sections 334 and 337 of the code.
| Howard j. Clark is the man who
| was chairman of the committee APP
pointed by the judges of the district
court three years ago to make an in
1 vestigation Of certain practices In the
1 district court in and for Polk county"
! and the result Of that investigation was
! the conviction of four citizens of Des
Moines for jury bribing. Two of the
I convictions were reversed by the SUI
preme court but the other two stuck.
/ The results of the communication by
| the Civic League, and similar COM
munlcation from Mrs. F. w. Dodson to
Judge Hugh Brennan, asking for an
investigation, is expected to bring to
head the question OF jury manipulation
in Polk county again. The Civic
League claims to have evidence In
hand that will be sufficient to prove it's
assertions. These assertions as set
forward In the communication follow
ard j. Clark, are as follows:
| First-When the ballots containing
the names of the jurors are prepared
and placed in the boxes by the county
auditor and clerk Of courts, the boxes
are not sealed as provided in section
33s and 342 Of the code.
Second-The placing Of the names
| in the Wheel and the rapid revolution
of the wheel, does not thoroughly mix
them, as provided in section $40, 1895
and other sections of the code. The
ballots used in the wheel are so folded
| that the names can be seen without
| unfolding, and their shape is such as
J to more readily prevent thorough
mixing of the same. In other words
! we believe the system in use in draw
| ing the jurors by means of the wheel
| is susceptible of manipulation.
| Third-That it is the custom OF the
| members of the boards of election in
many instances to place or have placed
upon the jury lists returned by them
their own names; in the city of Des
1 Moines alone at the late election there
were returned upon the lists not less
| than 20 members of the boards of
| election; in certain precincts the names
of the entire five members of the
board have been returned upon the
lists From a partial investigation we
find that some of the names upon the
lists were placed there by request of
| the parties so named; that the names
of parties who we're jurors last year
are again upon the lists and have been
drawn on the new panel and we be-
lieve that many names are on the lists
contrary to the provisions of the code
and that many are liable to prosecu-
tion under sections 334 and 337 of the
code and are disqualified from serving
as jurors.
/. Fourth-We believe that the evil
dence available when taken together
will show a systematic and somewhat
successful attempt to manipulate the
jury lists for the benefit of certain in
terested parties.
| The proposition is now up to the dis
trict court and the Polk County Bar
Association. 1t will not be difficult to
show that there are many names on
the lists this year who were on the
| jury lists last year and are disqualified.
1t is furthermore anticipated that as
result of the investigation that is al
most sure to follow the entire jury
panel for both the grand and petit jur-
les for this year will be thrown out
| and new juries will be selected.
| DYNAMITE WRECKS TRAIN.
| Al :,... I o.% in Terrific Shock Near