The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-10-19
FIRST JURY CASE
IS Being HEARD
CONDEMNATION PROCEEDINGS
OCCUPY THE ATTENTION or
DISTRICT couRT-eRAND JURY
MAY TAKE UP THE KETHMAN
MURDER CASE TODAY.

The first Jury case on the civil cal
endar at the October term Of the dis
trict court for Clay county which was
opened yesterday, was called for trial
this morning. It was case No. Is. the
Northern Pacific Railway Co., petit
TONERS and respondents, VS.. George /.
Pennington and others. appellants. IL
is a continuation of condemnation pro-
ceedings. In connection with the work
at Stockwood the company required
an extra strip of seventy five feet at
a point three miles east OF Glyndon
and the case at bar is to determine the
damages.
The grand jury gathered in their
room promptly at o'clock and began
the consideration OF cases presented by
County Attorney johnson. Several
witnesses, summoned in connection with
the Kethnlan case, reported for duty
but they were told that their services
would not be required until this aft
ernoon.
In the Hobbies Of the courtroom the
topic mostly gossiped about TODAY was
the examination of the members Of the
grand jury panel yesterday afternoon
- NNS &NNSAAGSG AOI Tie QeIenSG in
the Kethman case. The proceedino
was new in the practice in this county,
In fact the first time the statute pro
Vidlng for 1t was exercised. In the
code 1t comes under the head OF "chal
ienge OF Jurors" To take advantage
Of the provisions it must be done he
fore the grand jury retires to their
quarters after being charged by the
court.
Atty G.. S. Marden of BarnesviIIe
referring to the matter today said maj
statute providing for the examination
of grand jurymen was taken ADVANTAGE
OF in the celebrated Fred w. Ames
case at Minneapolis, in which Mr.. Amas
was charged with taking brides con-
victed, and afterwards pardoned
Frank Kethman, charged with the
murder of DR.. TIL. S. Egge. will he
defended in his trial before the die
trict court by Atty. w. H. Barnett Of
Fargo, and Atty s. A Nye of this
city.
When the court convened after the
noon recess yesterday, the attorneys
for the defense In the Kethman case
intimated their desire to examine the
consider the Kethman case.
Sheriff Whaley reported that pur-
suant to the special venire ordered bv
the court for jurors to take the place
of eight jurors who were absent and
variously disqualified from sitting as
grand jurors, the following had been
summoned: Cornelius O'Neil VIII
liam Middagh, T. o. Bergen. c. w.
Simmons, A. ]. Norby, X. J.. Rusley.
]. ]. Alrick and ]. B. Lindquist.
Judge Taylor announced emphatf-
cally and very plainly that jurors ex-
cused, during the examination of
grand Jurors, were only so excused
from consideration Of the Kethman
case, that in all other business that
might come before the grand jury for
its elaboration they were qualified to
sit
AS a result Of the examination of the
jurors the following were excused
from consideration of the Ketnman
case: Martin Keehan. ]. c. Lyman,
ole Christianson, John Specht ole
Holte, Cornelius O'Neil J. ]. Alrick
The Jurors passed as qualified to
consider the case are: Frank Green,
M. d. Hawver o. M. Lundin. Matt
Wambach, M Simonitsch, e. c..
Schoeppech. Mike Mallinger, Ole En-
gebretson, A. G. Kassenborg, VIM.
Middagh, T. o. Bergen. c. w. Sim
mons. A. ]. Norby, K. ]. Rusley and
]. B. Lindquist. o. M. Lundin Of
Moornead township was appointed
foreman of the grand jury.
The maximum number OF persons to
form a grand jury is 20, the mini
mum or quorum for the consideration
Of business is is and under the sta
tutes 1t requires 10 affirative votes to
find an indictment.
There's work for want ad-when
there's vacancy in the office force.