The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-03
BOWMAN JURIES
WERE DISCHARGE

Bowman, N. D., Dec. 3.-The first
grand jury drawn in Bowman county
failed to get down to business owing
to the fact that the manner in which
the list Of names was prepared from
which the jurors were drawn. OF
course when this county was organic
cd and for some time thereafter there
were no organized townships, and all
the business was done by the county
commissioners. When it came to pre-
pairing a list from which the proper
officers would draw a jury, this list
was prepared by the commissioners.
Later when townships were organized
he same system prevailed, up to the
present time. It seems, however, that
according to law, where there are Or
ganized villages and townships, the
board of county commissioners shall
apportion to each organized township
and village a certain number of jurors,
and that the township board of super
Visors send a list Of names to the
county auditor, and the jury list is
thus made up. A list Of two hundred
names must be kept on hand at all
times.
This has been satisfactory to all
concerned, even after the jury was
drawn a few weeks ago. All the at
torneys in the county were notified,
and all who desired were present at
the time the stxty-three jurors were
drawn. There was no objection at
that time to the in which the
list had been prepared, nor was there
any objection until some time there
after when the states attorney, e. P.
Totten, made an objection to the clerk
of court.
The clerk, Mr.. Guldemann, went on
with the court business and carried
out the orders of the Judge Of the
district court, performing his duties
according to law.
The sixty-three jurors were sub
poenaed by the sheriff and were pres
ent to attend court. When the grand
jury was called Attorney Boehm Of
Hettinger, one of the attorneys for
George A. Totten, who was to answer
at this term of court to two criminal
charges, objected to the grand jury
presenting the affidavit of Theo. B.
Torkelson, another attorney for Geo.
A.. Totten, setting forth the irregular
ity of the making up Of the jury list.
After Mr.. Boehm cited some authori-
ties in support Of his motion, the court
asked if the attorney for the state in
the case against George A. Totten de-
1 GU " OpPO5O LnS 1lOlAOlis lA-y
Burnett In Dickinson acting in the
capacity of states attorney in this
case, n stated that he. didn't ask for
any grand jury and it made no differ
ence to him what was done about it.
He was Of the opinion that the making
up Of the Jury list by h commission
ers was illegal, but it vas the bust
ness of the states attorney to have
seen to it that the jury list was pre-
pared in compliance with the law.
This, he had apparently not done, so
that no objection might be raised.
Judge Crawford also. took this view of
the matter, but stated that he clerk
of the court had done his duty in
drawing the jury from the names thus
furnished him. He advised the clerk
to notify the auditor and commission
ers relative to the making up of a jury |
list in compliance with the law. He
also stated that the clerk should pro-
vide his Office with a suitable ballot
box in which to keep and from which
to draw the names of the jurors. 4
Judge Crawford granted the motion
and the grand jurors were discharged
and allowed one days pay. and mile
age.
Of course the granting of this mo-
ton took with it the discharge Of the
forty petit jurors, who were also paid
off and allowed to go home.
This is why no jury cases will come
at this term Of court.
The county of Bowman is thus put
to another unnecessary expense of
about $1,000.