Weekly journal-miner., 1910-12-07
ABRUPT GLOBE or
 THE CRIMINAL COURT
(From Wednesday, Daily.)

(from Wednesdays Daily)
 The criminal court came to an shrppt close yesterday, the trial jury wss discharged, and all witnesses were allowed to return to their res peetive homes, owing to the fact that the jury panel cf the trial jurors was illegal.
 Monday morning when the ease of Territory vs. !. S Aeker was called his attorneys, F. X. Clark and J. F.. Dusssll, moved to sst aside the indict- ment on the ground that the jury list from which the grand jury had been drawn was not made by the Board of Supervisors as required by law. it |. provided by statute that the Board of Supervisors shah st it's January meeting in each year make up list of all persons h the county quail. fled Co servo as jurors. and shall file a e.rtifcsted copy of this list in the office of the clerk of the District Court. from whien list grand and trial jurors are to he drawn from time io time as required. Judge Doe took the mAtter under advisement until yesterday morning, when he sustain ed the motion, and ordered the de fendant dischsrged and his bail sx onsratcd. Az no order was asked or made referring the matter to . sub s>quent grand jury. this probably finally disposes of tae libel proceed ings against Mr. Aeker This de eision of the court. however, has nc bearing on any other indictment found by the grand jury st the pre- sent term, for the reason that tho groonds ct up in the Aehev ease sss esscssily considered % mere essnndi fss shsiis~ee. All others isdietsd a' this term had been held to appea, before the grand jury. end were pse sent when it vas smpanelcd, so thai they had a opportunity of chai lesse. AS none of them did so, the, | consequently waived all objscsissi thst eouh be svsalsd ef by way e' shaIiengv. Bss ss Mr. Aehsr hAs not bcen held to answer. and there fore was not present when the gran, jury was formed, he had the sam, right to attack the regularity of th, grand jury taat he would have ha.
 f present when is was empanslssi
 No other indictment. therefore. Is ii
 t"e 'ss't s"r',f" " tas "rVt>toh ii
 his ease
 Another interesting situation sros
 when the ease cf the Territory V,
 Dowdy and Gihscn was called 10 ] trial Messrs. R. F. Morrison an,
 Y. s. Clark. counsel for defendant, offered . challenge to the panel O |. trial juror. on the ground that ther had hesn no regular drawing O trial jurors, whieh vas for the req
 son tha, there was no valid list fror which the same might be drawn, an therefore that the entire panel va illegal. The court took the matte under aayisement antil noon. an then mstsined the motion. Tse fur
 vas discnsrged for the term, an , proceedings were s, once itsiisnte : hy the Board Of Supervisors compelie . by msndsmus to make up a jury ii, i and file certified copy thereof | |. the ohice of the Clerk of the D,ari,
 Court, from which < panel will | t made up by the proper ofhcefs an !. "a jury summoned to be In attenAans on December sTth. In the meantim !, court will be held sn Navajo eoul a ". commencing on December 1t q but civil eases which do not invol, e a juvy will be tried In the interir " commencing bext Monday. Tn. a
 tcrneys win assemble in court th }. morning, when their cases will |. reset.