The Detroit times., 1913-10-16
PHHAN RESENTS
PAS1ORS'TALKON
Gilman CASE
Judge Says Criticisms Are Con-
tempt Of Court and Must
Cease
ARGUMENTS FINISHED
ON CHALLENGE OF ARRAY

hearing ADJOURNED 1noennltely,
But Decision Is Expected
Within Few Days
A; the conclusion Of the arguments
OF the challenge 10 the jury array by
the defense in the case OF Aid. Thom.
as e. Gilman. alleged boodler. early
Wednesday afternoon, Judge Phelan
adjourned the nearing indefinitely. IL
Is expected. however. that he will
reach q decision within q few days.
While the court. of course. will not
say what his decision will be, the
general opinion IL that the challenge
will be denied and Gilman ordered to
trial
y Jury Commissioner Louis Schmied
Was questioned during wednesday
mornings session by Prosecuting At
torney Shepherd In the same manner
In which the other commissioners have
been Quizzed. His testimony was the
same ~ that of the other commits
sioners. He denied any prejudice
against Gilman.
Mr.. Mcnamara asked u Mr.. Schmied
had placed on his list the names OF
two ministers who, he said, had at
tackled Aid. Gilman from their pulDits,
last Sunday. Mr.. Schmied said he
had not. Judge Phelan interrupted:
Il shall consider II contempt Of
court for any minister to Interfere 70
prevent an impartial trial of this
case" he said. mo one has any right
to interfere In the matter. You. a.
public prosecutor" hs said 70 Mr..
Shepherd. ARE the man to whom the
law looks to prevent such interior.
ence."
II had nothing to do with 1t. your
honor. = said Mr.. Shepherd.
The prosecuting attorney was the
flrpt to call my attention to the pub
hshed attacks" Mr.. Mcnamara said.
Who were these Minister'S asked
the court.
~. Percival Huget and Frank Eos
ter Fitchett.' replied Mr.. Mcnamara
They denounced both Aid. Gilman
and ufyS4lf."
ION account of the second challenge
70 the aFray?" asked the court.
yes, your honor
Judge PhelAn's wrath boiled over.
These people profess to believe IN
law ana Order" he said. Il don't be-
n6vs there should be any interference
"a, thsir part. They ought to be
stopts4 and they Are going TO be
st0pDod q far q this trial II con-
oGrnol. No -man has . xjoAt to pre-
Judge man on trial on . charge Of
fU1Uny. II ~ mot . square thing to do.
And n NOT following out the precepts
Of the Master they profess to follow.
with oil due respect to The four
Judges who signed the order denying
: change Of venue. say they were
wrong. / saw 1T the time what was
bound to happen. said that this case
should be tried IN some place whore
The people had no feeling in the mat
Ter and where both sides would get
lair treatment"
John Grogan, chief Of the recorders
court, was questioned BY Attorney
KeunAry - to the regularity. Of tho
Of the jury commissioners
10 make up their list Of 400, and OF
he record Of their acts. The law re-
luirss, Mr.. Kennary said. that II less
han 600 are listed. the order must
% entered IN the courts journal and
! certified copy must be sent to the
Iecrstafy Of the jury commission.
Tom May, secretary Of the jury
WAS sent for and called
o the stand. He Was asked II he had
lrawn 80 names on Sept. -. He 70
,lied that he always drew the names
to law.
HAD you an order Of the court re-
1uiring you TO draw 400 names" ask
"a Mr.. Ksnnary.
was that written or an oral or.
ier?"
"oral. haven't had any written
,rders."
An hour was given each side for ar.
yument on the defeuse's challenge Of
The army. Mr.. Kennary. began. He
Baid that the jury commission had not
ascertainsd that the names on It's lists
we're thoses Of electors, as required
By law. 49, Il.
Mr.. Shepherd raised the objection
hat the word "elector'' has not been
In either hearing. Mr. Ken.
harry parsed 20 his second topic-the
orders OF the court to the jury commits
lion. He questioned the right to re-
urn list less In number than the
luashed array. 400. a. Judge Phelau
instead of 600. He argued
hat no order had been entered in the
court Journal, authorising the drawing
of 400 names. and that no certified
copy had been served on the president
Dr. secretary of the Jury commission.
THE commission should have re-
turned 600 names, under the law, un.
ess these conditions were complied
WITH" said Mr.. Kennary.
Mr.. Kennary denied that the HIST Of
500 Jurors was wholly void, and that
I should have been stricken from the
lilss. He held that II the courts or
der for 400 names was valid. he should
have ordered the first 200 names
stricken from the list. citing . case
In line with his point.