The Cairo bulletin., 1910-05-12
IMPORTANT DAY
N l CIRCUIT CI06jRT
JUDGE DUNCAN DECLARES DE-
GENDER GRAND JURY Il.
LEGALLY DRAWN.
INDICTMENTS QUASHED
cases Of Alleged Rioters StiIl Hang
ID Baianee--Discussion
on Motion This
Morning.

Court opened early yesterday morn
ing, $40 o'clock found the attorneys
ready to proceed with the matter OF
attacking and defending the indict-
inents made against the twelve a'les-
Cd rioters IN the attennpt to break ~
to the county jail February 18th iast.
The argrmens consumed several
hours and the Judge took the ques-
ton under adyisement and viii prob-
ably report upon II today Attorney
Jonh G. Smith, of the States Alto.
ney Generals. office at Springfield,
James Lingie Of Jonesboro, assisted
states Attorney Wilson and Ang'ls
Leek and Reed Green were attorneys
for thes Indicted men.
The motion to guam was made np
On the three counts Of the ind!ct-
1nents. the first Of tie counts was
anashed ~ the prosecution hecaus-
1t vas based upon the military coao
witch has since been amended.
The constitstiona|ity OF the statue
governing mobs was brought into the
controver;y with respect to the lee5
maIning two counts. the substance q
which II that the accused assembled
at the county Jail lin an uplawfnl
manner With the PURPOSE OF breaking
into the iail. and refused to dlspc Sc
When requested I'd no so by the
sheriff.. One important point insolv-
ed lii this connection is whether or
not the title pf the law coyeFa It's
provisions fully as required bS mi,
constitution; and as the Judge has IA
ready EXPRESSED the opinion that. Chi
title was good. it Is believed he VII
uphold the law end overrn'e the Oh,
jeattons raised. 1t Is assumed thay,
rnles other points appear in the laE'
that are held defective, the court vii
also uphold the law IN tJe case a,
ExsShersff Davis, and declare his VI |,
noval legal,
Special Grand Jury. IlEcaals
As was expected. Ju,9.e lIainaar==
yesterday sustained the objections r
counsel to the special grand jury u
last December, alleging that the inI===
was not legally drawn. and qnashe
all indictment still pending who
were based upon its findings. IN
particular defect in the drawing d
the jury was that 1t was selected BIZ
the Board OF County Commissions. 81
when It should have been sc, ected bH
the sheriff. who at that time was Lrl
McManue. This objection was raises
at the time by b. McManus, Jr.. whd1l
was member OF the jury. and JudgS
Butler was notified OF the TACT; bHc
the Judge declared. after some inveSh
tigation, that there was no merit ii /,
the objection and that rhe jury was
leagally constituted.
In giving such decision, the bribery
cases against Ext plicersan Massey.
the manslaughter case against John1
Mitchell. the assault to murder case
against win 0'Donley and the assault
to murder case against Luther Lewis,
the motion to quash was suttained
States Attorney Wilson again b.
gan the work Of presenting the eye
aence against John Mitchell, Luther
Lewis and William O'Donley for the
grand jury. He will not attempt to
get James Casey reindicted owing to
the fact that the principal witness
ann has been gotten out OF the way
and lis beyond his reach.
The grand jury found not true
bill against 10 h White and his wife,
Willie White and the prisoners were
discharged. They had been arrested
on the confession OF Mitchell Cal.
houn, the negro who killed Mary Lane
Saturday morning; that White and
HE wife were accessories. There was
no evidence whatever upon which to.
indiot them.
The grand jury also failed to fird
: true bill against the negroes vii;
Evans, Harrison Young, John caan-
hers and, Bette Mosier, who had been
charged with the killing OF John
west, the hot tamala yender.
Essie Taylor the young negro
l1own As 1Doughbellyr who was
oharged by Ex.Chief Egan and Off.
i'm John Wetie as the orisinal fire
t',g was released yesterday from Gus
tody, The grand Jury failing to fluid
h trne bill against him. This Is tire
Ease where a reward OF $500 for the
'apturc and conviction Of the firebug
figured prominently
Mitchell Calhoun was before the
Grand jury and made the comics ion
tat he hal killed Mary Jane AMI
hat Josh White and his wife had not
leon implicated
Henry Washineaon. charged with
reriurv. case was taken Off docket
with leavesn reiustate.
tthsries Robinson. charged wit, rs
anlt with deadly weanon: certified
\, county court by Order OF Judge
Duncan. Si
Annie Garnt was grantedd a.
vc-ce from Oliver Gaunt.
Frances Resch was granted a ~
vNrce from Terry N. Resch.
y,ts