The Detroit times., 1913-07-17
May EmbAancaID
Denies PreJndfce

Prejudice against Tom Gilman IN
the drawing OF names for the present
Jury list was emphaticaliy and ear
nestly denied In the trial OF the alder
man accused of grating, this morn
ing. by Thomas May, secretary OF the
Jury commission. His examination Oy
ATTORNEY James Mcnamara had been
finished and when being cross-eXahl'
ined by Prosecutor Hugh Shepherd ne
was asked the question direct; were
you, or any others of the jury COM
mission. prejudiced against Gilman III
drawing this jury listg'
Nav arose from the witness seat
and loaned above the attorneys for
the defense and the defendant MIN
self
"Tm glad YOU asked me that ques-
ton. Mr.. Prosecutor he SAID.
want 10 saw that any charge that l
ever entered into any conspiracy Is
a damnable proposition and absolutely
false I want to say in the presence
of the Living God that | never was
moved for an instant by any malice
toward this defendant. or any oVner
motive than for the sole purpose OF
giving him a fair and impartial trial.
I'm glad 10 get that into the record
"Ill saw that believe you, MI
Nav" said Mr.. Mcnamara and Judge
phelan from the bench expressed the
same belief. -,
Mr. Mcnamara made several at
tennis during the morning 10 get pos
session of the names or the men sus
gasted for the jury list. but rejected
because they were not quallned. Juuse
phelan ruled that the exclusion Vi
names was a matter entirely WITHIN
the jurisdiction OF the COMMISSION
and that names rejected need not Dc
shown. "a
"May explained that under the ola
svstem every ward was represented
since names were suggested by aioer-
men and accepted By the commission
ers. The new system of districting
was nut In at the suggestion OF Pros
ecutor Shepherd and by it the Eight
zenith ward was made part OF
large division of the city territory,
MAY admitted that he UNDERSTOOD
Gilman was TO be tried by this jury
and he was thinking OF that when ne
advocated in the commission that the
Eighteenth ward be left out.
He then reiterated on examination
what he had said Saturday. that there
were no saloonkeepers, bartenders or
politicians on the list. He didn't
know. he said. whether there were
any Negroes on the jury, but he was
sure color was no bar to citizen.
Didn't you think that saloonkeep-
ers would be bad jurors TO try the
aldermanic cases?" asked Mcnamara.
IL thought, as any sane man would.
that they're bad jurors In any case,
answered the witness.
Politicians, he said, were likely to
be prejudiced either for or against
the alderman.
Mcnamara asked to see the list OF
rejected names, but Judge Pnelan
would not give him permission. May
had by agreement. rejected number
of names on the list of other com
missioners This was exceeding his
authority, contented Mcnamara, as he
was exercising his own Judgment and
not the discretion given by law to
the commissioners. Most OF the
names he struck of were OF persons
exempted by law. said MAY. and were
not persons he thought undesirable.
The board of commerce was asked
10 furnish list OF members and some
OF the names from the quota of Com
missioner Graham. These were Sc
cured by May and turned over to
Graham for his consideration.
Judge Phelan asked II the jury COM
mission made any effort to find out
II names on the jury list were all of
qualified citizens. This. answered
May, would be a physical impossible
ity, as 1880 names have to be pre-
pared In one week to provide juries
. for all the courts of the county.
The court brought out by questions
that, although May, as secretary. had
taken out some names as ineligible
the commission had concurred in al
the rejections. For that reason he
ruled that the names of the rejected
persons were not material evidence
because the commission as q whole
had the right to refuse them whether
May. as secretary, had 1t or not
May testified that he never saw
any circulars or circular letters Is
sued by the prosecutor asking help
from business men and particularly
| members OF the board of commerce To
investigate and prosecute the graft
cases.
Mcnamara then entered into the
question OF the AFFIDAVIT made by
the jury commissioners, asking for
change of venue.
did you think the present Jury list
would furnish fair and impartial
jury, although the one preceding it
would not?"
II thought 1t would be more likely
to do So"
with how many of the 1912 Jurors
did you talk to see If they were pre-
JUDGED on this case?'
Absolutely none"
His Judgment, he said. was based
upon the fact that fifty names OF the
1912 list had been suggested by al.
dermen to the commissioners.
when ! ordered change OF
venue" interposed Judge Phelan, at
was not because a fair trial could
never be had in this county, but be.
cause II would have been impossible
with the old jury"
Before the selection of the present
Jury. said the witness, he discussed
with Prosecutor Shepherd the desir
ability Of getting a good jury for the
present year, but discussed 1t with
I no one else. At the meetings of the