The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-07-22
NINETEEN OBJECTIONS
OUTLINED IN PETITION
Attorney For Defendant ASStTtS
Prosecution is More Like
Persecution

Special to the Daily Leader.
.ShaWnec Okla. July 22-lu 'ge vii
liam y Maben through his counsel
yesterday filed motion in the dis
4 'icJ court of the Tenth judicial dis
ttrict of The state. 10 quash the remain
ing accusation returned against him
by the grand jury asking thar he be
suspended from office and finally te-
moved toi accepting bribes.
The motion 10 quash the iudict-
ments against Judge Maben is lengthy
and sets up nineteen objections TO the
summonlng. drawing and empanelling
Of the gand jury which returned The
F., indictments.
The nations set forth that two Of
the jury commissioners who selected
the NAMES of persons who were placed
in the jury box, did not subscribe to
any oath of office that the jury com
'r-i""c~e failed to certify to the
names Of persons subject to jury serv-
ice in PottawatOmie county, which
was hle1 with the clerk Of the dis
trict court according to law.
The motion further sets up the fact
that Hugh Gill, a deputy clerk wrote
the names of the persons drawn by
the jury commissioners. subject 10
jury service. ON pieces Of paper after
which the box was dumped ont in the
office OF the district clerk. all of
which Judge Maben's counsel con
tends is in violation of law. Another
reason filed for the granting of the
motion is hat the clerk failed TO sign
the veniro summoning the grand jury
, which subsequently returned the in.
dictmen's against Judge Mahon
The Gofendants counsel contend,
hat Judge Carruthcrs without author
ity of law appointel two private citl
zcns Of F0ttawatOmic county to serve
as grand jurors without the disquali
ficalion Of the sheriff that after the
jury We drawn he consolidated one
grand juicy with nine Of the original
panel aid then without any justifi-
able cause or excuse, excused five ol
The original panel from the jury sery-
ice
f. c. MCAdamS, a member of Judge
Mabens counsel who prepared the
motion To quash the remaining indict-
d ments against the POttawatomie cOun-
ty Judge said
at is not he policy or desire OF
Judge M8ben or his counsel to raise
any question as to the constitution
ality of the grand jury which return
ed the indictments against him for
the reason that we were confident
that Judge Maben woull be acquitted
by the Jury Of Pottawatomie county
He was tiled upon the strongest case
filed against him according to state
ments of the attorney general and
was acquitted At the request OF
Judge MaLen, Chief Justice Kane or
desed a special term Of court to con
yene in Potawatomie county next
Monday for the purpose of trying the
other cases nCW pending against
Judge Maben We have tried 10 as
certain from the attorney general
what case he expected to try first
ling ~ his, A c. Cruce and my
self went To Guthrie TO see the AT
torney general with reference to the
trial of these causes He informed us
tha. he would not try judge Maben
on any Cf the cha ges now preferred
against him at this term OF court but
thai his only object at this time was
: to have Judge Maben suspended from
office Feeling as We do. that the
indications Of the prosecution is more
Of petsecu' ion than prosecution
there is nothing left for Us to do eX
cept attack the validity Of the grana
Jury which returned the indictments
against Judge Maben.