The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-12-13
ANDERSON CASE
! IS CONTINUED
!,
Plot Thlckened Duries the D-y and
This Afternoon Situation Was
Relieved by an unex-
peeted Move.
COULD NOT GET A JURY
Fact That II Was Unable to Make
Legal Drawing Preclpitated the
Trouble-Delays Court
Business.

Abe Anderson, the negro charged
with the murder of Nose Jordon, a
Lee county farmer, will not be tried
during the November term of the dis
trict court, according to ruling OF
Judge James d. Smyth at o'clock
this afternoon. It comes as a relief
to one of the most peculiar situations
that has ever arisen i'll the courts
here, in which the drawing of jury
was involved.
1t was believed that an adjudication
of the matter had been reached at
10:45 this morning when the Judge
was about to make an order requir-
Ing the board of supervisors to meet
as soon as possible and prepare new
list from which legal jury could be
drawn. But the defense stated that
1t expected to exercise the ten pre-
emptory challenges, the same as
though the work of securing jury
was commenced anew, at the same
time, however, denying the same
privilege to the state. This occasion
ed the ruling which was made this
afternoon. The entire morning was
consumed in an effort to straighten
out the ENHANCEMENT. A number of
problems arose and an equal number
of suggestions made, among them be-
/ ing that the case might be tried in
Fort Madison or Burlington. When
the continuance was taken five lonely
jurors remained in the jury box, they
being the only ones qualified to serve
4 who were no. challenged for cause.
The Anderson case promises to prove
An expensive one for Lee county, for
about two-thirds of the time ordinari-
ly necessary to try case has been
consumed with no progress what
ever.
With the jury list in it's present
condition the judge stated that he
could not seeshow 1t would be possible
i to try the Rose criminal case. HI
suggested that it might be possible
to try a misdemeanor in which only
six preemptory challenges are allow
ed, or possibly civil case The wit
nesses in the Anderson case were dis
missed and paid their fees.
! | 1t will also be unable to try til,
, Fightmaster case. Fightmaster il
charged with rape. A motion for ;
continuance has been held in abeyanc,
and it was later sustained from fore
of necessity.
Attorney for the defense made
motion for continuance in the Herr
Rose case, which was granted.
: A continuance was granted in th
case of State vs.. Hewitt and Dunbar.
u This continues practically all of tn
criminal business for the term. An e
9 fort is now being made to bring SON
of the civil matters forward.
When district court reconvene
this morning at 9 o'clock an G.
animation of the remaining juror
T. in the panel drawn for the Anderso
murder trial was resumed. At tn
time five jurors remained before til
panel would be exhausted. 1t We
said that court will then be aske
'l to rule in the matter as to whetht
. the board of supervisors can mai
u out new list from which a pan
= may be drawn. Sec. 337-a of I'll
- code, under the caption 'Distri
- Court to Order Lists Prepared
re says:
h. Whenever it has been or her
after shall be found or determine
by the district court in any coun
= that, for any cause. the lawfully CO
stituted grand jury or like pet
jury has not or cannot be obtain'
:. by drawing from the names return'
by the election officers to Il
county auditor to serve as juror
&c or that lawfully qualified talesm
w cannot be selected by drawing fro
M the list of names, or that the ter
q. for which such lists were draw
is has expired, the said court may ord
as the board of supervisors of sa
county to prepare lists of names