The Detroit times., 1913-07-30
FOR
Gilman BITTER
In JURY ATTACK
Argues Before Judge Phelan
Panel is Prejudiced-Says May
Exceeded Authority
REHASHES COMPLAINT
AGAINST b. OF c.
Mcnamara Will Continue Argu-
ments For an Hour Wednes-
day, Shepherd to Follow

Attorneys for Aid. Thomas +. Gin
nan, accused of grating, began their
argument before Judge Phelan this
morning in the attempt to prove that
there was a conspiracy against Gin
nan in the drawing OF the jury lists
OF 1913
James Mcnamara, opening the argu
ment for the accused, alleged that
Thomas May, secretary of the jury
commission, exceeded his authority
In substituting names of his own
choice in the lists of Duncan L. Ora
ham and other commissioners.
This allegation against May was
the principal contention of the Gin
nan side. They charged also that
several names were added to the jury
lists from list of members of the
Board of Commerce. which had been
furnished by the secretary OF that
body. The Board of Commerce, said
Mcnamara, was prejudiced against
the defendant, and had contributed
money TO fundsfor prosecuting him
Mr.. Mcnamara went back to Kina
John and the Magma Cnarta in open.
ms iib hiotVi vi VIC iiSll VI ctll
accused person TO challenge an ar
ray OF jurors. The "voir dire exam
inaion of jurors which Is made
when individuals are drawn Oh a par.
ticular panel, was a safeguard against
prejudice in the jurors themselves, he
said. But the challenge TO the ar
ray, he declared, goes behind the
scenes to show prejudice in the minds
of the jury commissioners in draw.
ing the whole list OF 800 names, from
which all the panels for the year
have TO be drawn.
The action OF Prosecutor Shepherd
In sending out 1000 letters asking
help in cleaning out graft, was In ex.
cess OF his authority, 1t was claimed
His letters were such as would in.
flame the public. said Mcnamara
They held up these men as boodlers
and grafters. He said Detroit was
unclean and he was the arch-angel
TO rescue 1t. If he wanted outside
funds he must have wanted money
he would not have to account for; he
must have wanted TO use It for pur.
poses which he could not get officers
OF the county to fulfill. He wanted a
chance to get Burns men in here and
use them in secret ways.
THE Board of Commerce has pre-
sumed these men to be guilty, con
trary TO all the principles of common
law. and they voted money-not to
get them fair trial--but to secure
their conviction. Here was begun the
vicious circle II was ended when
they put 394 of their own members
on the list of 500 jurors drawn for
this year.
1T is not necessary for us to show
Viciousness or absolute prejudice in
any jury commissioner. II is neces-
sary only for us TO show that he did
not do his full duty.
1T has been settled in Michigan
cases that the jury lists must be
made up from the whole body of the
citizens and not from a part as in
this instance. The law requires that
each Of the commissioners shall
make his own list, not one member for
the others. When they meet the
board Is to examine these lists as a
body and then approve them as a
commission
But these men didn't comply with
TIE law. one reason is that they
couldn't comply with the law. 1t is
impossible in the time they are given
to prepare those lists as carefully az
they are supposed TO do. But they
did not even comply with the law In
the provisions that could have been
followed. The lists made out by in.
dividuals, Mr.. Graham, for instance
were never brought before the com.
mission az whole. The members
turned their lists over to Secretary
May, and Graham said he never saw
his list again until he was shown IL
on the witness stand In other words
the jury commission never did APP.
prove these lists as body.
Mr.. May examined the list turned
In by Mr.. Graham and found on II
three saloonkeepers. These he struck
off He went farther and found three
names from the Eighteenth ward
Then constituting himself the whole
commission in this case, he struck
them off.
II asked Mr.. Graham why the
names were struck off this LIST Ha