The Detroit times., 1913-08-09
COURTS RULING
IN Gilman CASE
LIKELY TO STAND
From Judge Phelan' S
Decision on Jury Challenge
is Improbable
ACTUAL TRIAL MAY
START IN TWO WEEKS
Ii Conviction Follows, Squabble
Over Panel Can Be Made
Appeal Basis

II Is no longer a certainty that the
challenge OF the jury panel in connec-
ton with the Gilman graft case viii
be taker to the supreme court after
Judge Phelan gives his decision in the
recorders court. The qut stion of the
legality of the jury list may not go
TO the higher court unless Gilman is
convicted and mis- case is appealed.
Gilman may be put on trial within a
fortnight or sooner
II was thought at first that James
Mcnamara and Ormond +. Hunt, at
torneys for Gilman. would appeal inn
mediately If Judge Phelan refuses TO
quash the jury list, and have new
names drawn for service. They hoped
TO bring their charges Of prejudice and
collision against the jury commits
sioners Immediately into notice to
further delay the trial.
However, the present plan is said to
be TO wait for developments in their
favor. If the judge decides with them,
as he may do, new jury will be
drawn Immediately. If he decides
that the jury array must stand, they
can wait for a trial. Then If their
client is convicted they can appeal on
the basis OF their jury challenge and
have a good chance OF getting their
man of
Prosecutor Shepherd might take the
case up II he desired on the question
OF the jury challenge. in the event
OF an adverse ruling by Judge Phelan,
but at present he does not contem-
plate such a move. Judge Phelan will
probably give his decision in a week
or ten days, and an immediate trial on
the merits OF the case will probably
follow.
Prosecutor Shepherd called the at
tention of Judge Phelan TO an alleged
discrepancy between Mcnamara S
prize authority, the Daniel O'Connell
case, and the issues in the Gilman
trial Mcnamara, in the peroration of
his fourth-day effort on behalf of the
alleged boodler, read the argument or
Lord Denman before the British
House of Lords. In 1S43. In the jury
challenge appeal of Daniel OConneil,
who was accused OF treason. The
opinion Of Lord Denman was strongly
in favor OF McNamara's position. 1t
declared jury list illegal when part
OF the territory left out, as the Eigh-
teenth ward was left out, In drawing
the Gilman list.
Prosecutor Shepherd has since dis
covered, however that Lord Denman s
opinion was a minority opinion In the
House of Lords. and although O'Con-
nell was released, the majority of the
peers did not agree with Denman.
Judge Phelan was already aware or
this circumstance, as well as every
other fact in the personal, private and
public life OF the Irish emancipation.
II read the O'Connell case years
ago. he said, and I read II again,
Thursday night. 1t is true that the
opinion Of Lord Denman was not con-
Cured in by all the legal lights OF that
day, but II was a great opinion and
was followed by a great many emil.
nent lawyers AS principle OF law Is
is still worthy OF consideration.
1.-The decision of this jury challenge
does not rest, however, on this one
point. There are authorities on both
sides, and will make no decision I'M
til I have weighed them all Then
will go ahead and decide on the bal
ance or authority, let the chips fall
where they will"
For Fine TaIlorsne see j. Fred Sen-
rings cor. Broadway md John R.-Adv