The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1913-07-12
COURT REFUSES
OPAY COST OF
GRAFT DEFENSE
Phelan Overrules Motion of
Glinnan's Attorneys in Jury
Commission Investigation
SHEPHERD FILES FORMAL
ANSWER TO ALLEGATIONS
Prosecutor Denies That Any In
fairness Was Shown In
Drawing Jury Panel

An attempt by the attorneys for
Tom Gilman to make the state stand
the expense OF investigating the fair
ness of the jury commission in draw
ing the panel, by which the alderman
Is to be tried for graft was, over
ruled by Judge Phelan, Friday morn
ing. j. j. Mcnamara offered me mo-
ton asking that the Is witnesses
which are 10 be brought into court
Saturday morning to prove that the
jury commissioners. Thomas May. NJ.
Gore Antwerp, PontuS c. Wood, and
Duncan Il. Graham drew jury they
were sure would be prejudiced
agaScgt Gilman, be subpenaed by the
state tTd paid by the state.
The motion was renewed after
Prosecutor Hugh Shepherd had been
called into court. He asked j. p.
Scallen. another or Glinnan's attor-
neys, TO show some precedent to
justify the state in undertaking the
expense Attorney Scailen replied:
The law of justice Is all that Is
necessary The trial of this defen-
dant has not begun yet and the pre-
liminary investigation OF the good
faith OF the jury commissioners Is
question that should interest the
prosecutor even more than II does the
defense. Usually the prosecutor
would investigate these things before
they were called TO his attention by
the defense"
Il don't need TO make any further
investigation. answered Mr.. Shep-
herd, because | know the charges
are absolutely false"
Judge Phelan asked Mr.. Scallen II
he was willing TO make an affidavit
that his client was financially unable
to stand the expense of the investiga-
ton himself.
The attorney for the defense re-
fused to admit that he was required
TO make any such affidavit, as mat
ter OF public interest should be pro-
vided for by the state.
Judge Phelan ended the matter by
over-ruling the motion and ordering
the case to proceed Saturday morn
ing at o'clock. Witnesses will then
be introduced TO show prejudice
against Gilman in the drawing of the
Jury panel.
THE defense challenged the array
OF the jury In this case" said Judge
Phelan, and the burden OF proof Is
upon them.
For the state to pay FOR witnesses
TO prove that the commissioners were
at fault. would be an admission by
the state that the drawing Of the
jury was unfair and II Is up to the
defense TO prove that IL they can"
Prosecutor Shepherd filed his formal
answer to the allegations OF the de-
tense In regard TO the jury. setting UP.
following
up each allegation as II was made:
l. The prosecutor had no knowledge
OF prejudice on the part OF the jury
q He denies that he received help
from the jury commissioners In any
way In the case
ers filed affidayits asking for changa-
OF venue. but denies any knowledge
that they desired in that way TO make
the conviction OF Gilman sure.
l. He denies making any sugges-
lions tosthe jury commissioners in the
selection OF names.
8. He asserts that the only co1op-
Grafton between himself and the COM
mission was TO secure fair jury, as
is required by law.
6, He denies knowing in advance
what names were on the list.
I He denies having knowledge or
any intention on the part OF the com
nissioners TO secure conviction TX
possible.
8. He denies having any knowledge
: that representatives OF certain occu-
pations were excluded.
O. He denies knowing that the
Eighteenth ward was omitted from the
list OF jury districts.
10 and II. He denies that the names
were drawn contrary TO the law or the
rights of the defendant.
"It cannot be denied that the prose
cutor acted in the capacity OF legal
adviser to the jury commissioners"
said Mr.. Shepherd, Friday morning.
that Is a part Of his duty as an off,
cial. But any assertion that or any
member of the jury commission tried
to get a prejudiced jury is absolutely
false.
when we consider the kind OF a
Jury panel we had last year we can see
that II was not only the privilege. but
the absolute duty Of the prosecutor
to take enough interest In the jury
drawing to see that the law was COM
piled with. We had cases Of drunken
ness, bribery and gross irregularity
all during the year.
Isn't II about time the prosecutor
was taking an interest in getting a
jury that complied with the law which
: says the jurors must be men OF good
character and approved integrity"