The Detroit times., 1913-07-24
Prosecutor, on stand in Gin
nan Case, Says Chances We're
Always "l2 To Nothing"
Against People
DENIES PREPARING ANY
LISTS OF JURORS
I'm Not a Criminal" Says Wit
ness Holly, Answering Me
Namara'S Fire

diced. during the w euneSday morning
hearing before Judge Phelan They
reiterated charges made before of col
/ fusion between the prosecutor and the
I jury commissioners In getting men oi
/ certain class who would be most
! likely TO convict the defendant. Al
| though be was on the stand all morn
| ing and was subjected 20 harsh grill
/ ing by Attorney James Mcnamara
| Prosecutor shepherd made no admis-
sions that would indicate anything II
regular in his activity He admitted
dissatisfaction with the jury OF 1872,
and admitted advising the commission
10 get a better jury FOR the new year,
/ but denied that he had gone tarther
1 than 10 quote the statute 10 them.
The efforts OF the defense 10 show
collision, conspiracy and prejudice
were without tangible result.
The grounds for the challenge OF
the panel presented by Attorney Hunt
were more specific statements OF the
allegations made in the original chal-
| lenge. IL was asserted In the ne"
challenge that citizens of the Eish-
/ teenth ward, politicians and saloon
/ keepers we're excluded, although quail
]
4 notorlousiy hostile 70 Gilman or
| friendly 10 shepherd were selected
! that Jury Commissioner May was pre-
JUDGED because be had cartooned the
defendant as guilty. that the city
/ had been divided mp by the prosecutor
( in arbitrary and whimsical districts
that Commissioners Schmied, Graham,
Wood aud Van Antwerp abdicated
their own rights and tried 10 delegate
| them 70 Secretary May.
Shepherd Makes Objection.
shepherd objected to the admission
of the new material as duplication
OF the former reasons for challenge.
He objected that the new reasons we're
offered FOR the purpose OF causing de-
! lay.
| II can't see what they are afraid
OF, said Shepherd. why cant they
drop all this technical delay and 20
to trial on the merits. This is all far
/ cica and ought 10 be stopped
/ There has been nothing farcical
here" said Judge Phelan. IL has al.
! been according TO law
/ ANY accusation that we are caus-
| ing delay comes with bad grace from
the lips OF the prosecutor, who sat idle
for months without bringing the case
20 trial. said Mr. Mcnamara He
refused 10 bring the case 10 trial IN
der one jury and waited until he could
get Jury OF his own selection.
That is not true, said Shepherd,
hotly. Il did not say had anything
20 do with the selection of this jury.
Jndee Phelan allowed the supple
mental reasons 10 be fled. but did not
REQUIRE an answer from the prosecu'
tor
Mcnamara read from the petitions
cor a change OF venue in which Shep-
herd had said II was impossible for
Gilman TO get fair trial in 1912, or
al any later time in Detroit
Where did YOU get Information
that IL was impossible 70 get fair
trial here?" asked Mcnamara.
A Panel OF Crooks.
From various. sources some or
which were privileged answered
cipally of the 1912 JURY That jury
cipally OF the 1912 jury Chat Jury
vas made up OF pickpockets and
I crooks and II was a disgrace 10 the
county. Instead OF being ashamed
OF what | have done 10 correct jury
conditions. | am proud OF IT, We
wanted an impartial jury. not only TO
/ protect the state, but also 10 protect
the defendant whose rights am
under oath TO uphold.
| Your first doubt concerning the
integrity OF the jurymen began with
! the Fritch casc?'
Yes. after that case the jurors
went out on a drunk with the ac-
quilted defendant
But why did you sign a change
/ Of venue petition which stated that a
! fair trial never could be had here?
Because | did not know the jury
commissioners. replied Shepherd
and did not know they could be in
/ duced 10 get better jurors.
! Called Attention To Law.
| His interviews with various jury
commissioners. the prosecutor said,
we're for the purpose OF calling their
attention 20 the statute requiring that
men Of good character be selected.
/ lie denied. however. that he com
planned 10 the commissioners con
corning past juries.- lie merely quot.
( ed the statute relative TO good char
acter and approved integrity"
i The petitions for change OF venue
which we're signed by the jury com
missioners We're prepared, said Shep-
/ herd. by Charles r wilkins then spe.
cial assistant 10 the prosecutor
Under the old jury the chances
were II 20 nothing against the peo-
pie. said Shepherd.
\ "A cannot allow that statement 30
/ stand said the court There were
some good men on that jury and
many men who we're guilty were con
/ victed and punished.
DO YOU think conditions ale bet.
ter this YEAR, asked Mcnamara
Judging from the names already
drawn ont for service this year
should certainly say yes"
You wanted 70 keep friends of this
man off the list. didn't yon?"
Certainly" replied the prosecu-
tor and equally we want 10 keep
! his enemies off The list That's what
We mean by a fair jury,
Court Excludes interviews.
shepherd was asked conserving
published interviews but thc.-cburt
refused 70 allow him 10 be examined
ION that point Mcnamara questions
were, on interviews In which Shep.