El Paso herald. (El Paso, Tex.) 1901-1931, 1910-06-24

prior to the time the Indictment was
! returned in said cause.
! That the alleged offense for which
the defendant is charged took place on
| Friday evening, June II, 1910, about
o'clock in the evening and after the ad-
| Journment of the court. That specTSl
! grand jury was called without the
! knowledge of the defendant and the
| indictment was returned against him at
O'clock of the same evening, and while
! the defendant was in Jail. he being
without counsel and without the means
! or opportunity of securing same, and
! that the defendant was given no oppor-
! tunity to raise any objection to the
! qualification or the legality of said
| grand jury
Defendant further prays the court to
set aside the indictment. against him for
I the reason that the grand jury had met
! on the morning of Friday, June 18th,
and had adjourned prior to the arrest
of this defendant until Friday, June
24th The said grand jury was after
wards called together and that some
OF the members of the grand jury were
not notified Of said call and had no OPP
portunity to be present at the deltber-
alton at said meeting and that said in
dfctment was returned against this de-
PENDANT by only 10 grand jurors, the
other two members of said grand jury
having no notice of said call.
That the indictment against the de-
PENDANT in this cause was brought
about at the instigation of a combina
ton of influential persons and was not
tie result of calm elaboration.
Wherefore by reason of the premises
the defendant prays the court to set
aside the indictment returned against
him as aforesaid.
(Signed) John Leech.
P. E Gardner & J. E. Wharton.
Attorneys for defendant.
States Answer.
The answer Of the state to the motion
of the defence to set aside the indict-
ment reads:
The state of Texas VS.. John Leech.
In the above styled and numbered
cause now comes the state of Texas by
her district attorney and excerpts TO the
defendants motion to set aside the in
dictment filed herein on the oath day
OF June. 1910, for the following rea-
sons. to-wit:
That the same is wholly insufficient
In law and presents no sufficient rea-
son why saidg indictment should be set
aside.
That further contesting the matters
set forth in said motion the state of
Texas by her district attorney shows
the court that heretofore, tO-wit, on
the second day of May, 1910, the grand
jury for the present term of this court
and for FL PaSO county, Tex, having
been duly and properly summoned, was
impaneled and sworn as the grand jury
for the present term of said court, as Is
shown by the order Of the court duly
made and entered of record on the min
utes of said court.
That said grand jury thereafter con-
vened from time to time and date un-
der proper order of the court duly made
from time to time, and on, to-wit June
18th, 1910, met and held legal meeting
and by permission of the court on said
date given, as shown by the said min
Journed to Friday, June "a, 1910, that
after said adjournment on to-wit, the
18th day of June 1910. by an order of
the court and the Judge thereof duly
made and entered of record IN the min
utes of said court, the said grand
jurors were reconvened pursuant TO the
aforesaid order, and in fact met in the
grand jury room of the court house
at to-wit, o'clock. p. m. on the said
18th day of June. 1910, there being pres
ent at said meeting 10 members of said
grand jury as is shown by the affidavit
of ]. F. Coles. hereto attached, and
hereby made part hereof, said j. E.
Coles being foreman of said grand jury:
that after due deliberation and the
iASdAAHS OA testimony, the lnOlcImeQt IN
this cause was duly returned in open
court, it was aScertained that there
were 10 members of the grand jury
aforesaid present and participated in
said deliberations, and the return OF
aforesaid Indictment and that as many
as nine members of said grand jurors
concurred in the. finding of said indict-
ment as~is by the record manifest.
That the Indictment against the de-
PENDANT in this cause was not brought
about at the instigation. of a conbina-
ton of influential persons and that the
indictment in this cause was the re-
suit of calm elaboration.
That the aforesaid offense for which
the defendant is indicted in this cause
was committed on the 18th day of June.
1910, and after the aforesaid grand
jurors had been duly summoned, i'm
peneled and sworn as aforesaid, and the
said state of Texas by its district al
torney therefore says that the afore-
said indictment is a valid, legal indict-
ment and was returned into this court.
by Valid legal grand jury, as afore-
said.
Wherefore the state Of Texas prays
that defendants motion to set aside the
indictment filed by defendant this day
be overruled and held for naught-
(SlSned) W. D. Howe,