Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-28
Objections to Panel Are Intro
duced and Work Of Jury Is
Not Yet Begun
CLAIM ERROR IN SELECTION
Allegation is Set UP That Some of
Those Chosen Were Not on Jury List
-constitutionaIity Of tho Law is At
tacked-objeetions Filed in Five Of
the State Cases.


the county's grand jury panel has
been challenged and objected to. Judge
Parker in the district court today, is
listening to the evidence and argu-
ments Of the latest of these attacks.
Upon the organization of the grand
Jury, late Tuesday afternoon, and the
presentation of the prisoners In jail
awaiting it's action, the challenge was
interposed and the objections were
brought up by 7. F, Bradford.
This morning j. L. Carney and +. II.
Northup, who are retained by prison
ers, have joined with Bradford, who
first filed his objections to the jury
panel, which have now been filed IN
five criminal cases of the docket. These
cases are the ones of the state against
Robert Wilson, held for the larceny OF
horse and buggy; James Cannon,
charged with assault with intent to
commit rape, who is now out on bonds;
Bert Pell, held for the murder Of John
Lepley; George Perkins. held for OBJ
tanning money by false pretenses; and
f. M, McDermot, for the larceny OF
suit case.
AS a result of this challenge OF the
panel, the business of the jury, which
was about t., be commenced, was not
begun, and the jury is now awaiting
| 4 - 80 1aor r,anfrnuarcv
Claim, Law Unconstitutional.
The reason given in the challenge of
the panel are that 1t was not drawn
and summoned as prescribed by law,
and that the law which prescribed the
method Of selection was passed by the
legislature after the arrest OF the de-
PENDANTS had been made, and was not
applicable in the case, and that 1t is
an exposto- facto law and prohibited by
the constitution.
The challenge also says that the
board Of supervisors excluded from
their consideration in the selection Of
the panel SIS persons who were quali-
fed to serve, among whom were at
torneys, physicians, pharmacists, cler-
gymen, professors and teachers, mem
bers OF fire companies and all persons
who are opposed to acting as Jurors
because of their religious faith. In
not considering them, the claim Ms
the law. The allegation is made
that the SIS represent about IL
per cent of the total Of 4.S71 persons
whom the last general election returns
showed were qualified to serve
The law authorizing the selection is
claimed to be unconstitutional because
it disregards the law of proportion,
and assigns to Marshall township but
one grand juror, when the township.
because OF it's poulation, should be en-
titled to over third Of the total
number. Other instances of this kind,
alleging an unjust proportion from
other townships in the number select
ed, are also cited.
It. is also alleged that on the grand
jury list Of seventy-five names there
are twenty names that do not appear
on the poll lists. None of these twenty,
however, is included in the presen.
panel. This allegation is based on the
misspelling OF names, the transposi-
ton of initials or mistakes in initials,
that cause a difference to exist between
the names as shown on the poll lists
and the jury list. All Of these ale
cations. County Attorney Egermayer
says. are based on technicalities.
County Auditor Erastus Cornell and
Supervisor w. H. Jones were examined
today rela tive to the manner of draw
ing the panel. All day, and perhaps
part OF tomorrow, will be consumed in
the hearing and arguments.