The Detroit times., 1913-07-18

name WAS not ihSAAioANN'
pointing 10 a name on the list asked
"Do you think that fellow could give
Tom Gilman a fair trial after what
he said In the pulpit?
II didn't know he had denounced
him." said Van Antwerp, and II |
had known IL, | would not have put
his name in there,
whether this mans name was put
in purposely by Mr.. Van Antwerp or
ne allowed someone else TO put II in,
makes no difference, declared Nc
Namara 1T is a legal conspiracy.
These names we're got together by
premdiced people.
when a jury commission makes
no list the members have no right
20 allow any Board of Commerce o.
anybody else 70 suggest names with
out investigating them"
DO YOU mean that all the 500
names are tainted because you can
diced" asked Judge Phelan.
Yes"
Well. then, do you expect me 10
throw out all these names and order
a new list drawn by these same COM
missioners? You have the right TO
challenge any OF these men as indi-
yduals IL they are drawn on the
panel
That's the purpose of our chal-
lenge, 20 the whole list" answered
Mcnamara.
But YOU are only entitled TO fair
and impartial jury here. said the
court, and the jury commissioners
have been made the sole judges OF
this by the legislature. II names of
prejudiced persons have crept in you
will have your chance TO challenge
them later as individuals"
The court refused TO allow the
mention OF any OF the names and Nc
Namara temporarily dropped that
line OF Investigation.
BY clean citizens did he mean
those who were morally clean or
those who had taken bath, or with
the Board of Commerce accent a
'bawth' every morning." asked Mr..
Mcnamara
Il suppose he meant reputable
citizens" answered Prochaska.
He was aware that saloonkeepers
were excluded from the jury list.
They do generally violate the
law said Mr. Prochaska, and for
that reason are less likely 10 be good
citizens. In my township | think all
the saloonkeepers violate the law"
Prosecutor Shepherd asked Mr..
Prochaska If colored citizens were
purposely excluded from the lists, by
the other commissioners. He denied
this. but did say that he. personally,
would not put colored man on tse
list
10 you think they are not good
enough for jury seryice?"
Well, there are mighty few OF
them that are" answered the Green
field commissioner.
Judge Phelan pointed out that
Prochaska's personal opinion was not
material since he had nothing 10 say
about the drawing of the recorders
jury. II do not believe the narrow
views of this man are held by the
other commissioners.
Later he directed a question at the
witness, DO you mean 10 say that
after you had taken an oath TO sup
port the constitution OF the United
States, you would exclude a man
from jury service simply and solely
because the sun of another country
had darkened his skim
To this Mr.. Prochaska made no
definite reply.
IF you think a eolored man is not
as good simply because of his color.
you have peculiar ideas" said Judge
Phelan.
Prosecutor Shepherd objected to
any investigation OF the alleged
prejudice. against colored men be-
cause there were some colored men
In the box. Judge Phelan held that
the evidence of Prochaska might be
excluded since he had nothing 10 do
with the recorders jury but that
prejudice might be shown in the
minds OF other commissioners even
though a few Negroes were iii the
list.
NJ. Gore Want Antwerp, jury com
mis- sioner. was recalled 10 testify
further on the question OF the names
given by the Board of Commerce and
in part into the list
That Andrew r. Green, Jr.. the man
aldermen has always been a promi-
nent member Of the Board Of Com
merce. was admitted by Mr.. Van
Antwerp, who is himself a member
OF that body. Mr. Mcnamara asked
him IL be knew that Prosecutor Shep.
herd was chairman OF the cruise
committee OF the Board Of Commerce
and an influential member. but the
witness said he did not know II.
OF the names furnished by the
Board of Commerce, said Van Ant
werp, 81 were selected 70 go on the
list
Mr.. Van Antwerp was questioned
as to his friendship with Shepherd
and said he had never met him until
recently
Mr.. Mcnamara made another at
tempt TO get into evidence Van Ant
werp's own list OF names suggested
for the list He alleged that four
names on this list were VIGOROUSLY
prejudiced against the aldermen
Three Of these were ministers in
whose pulpits W. Burns and w.
j. Brennan delivered lectures on the
graft trials
Van Antwerp, under cross-examina-
ton by Shepherd, repeated the asser-
ton made Wednesday by Thomas May
mat neither he nor the other commits.
sloners had any prejudice against
Gilman
Secretary May. put on the stand
again. said he had received 124 sug-
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