The Detroit times., 1913-08-15
Court Holds That the Exclusion
of Citizens from Glinnan's
Ward, the Eighteenth, Is
Fatal to Panel
COMMISSIONERS ACTED
IN GOOD FAITH, HE SAYS
Ridicules Conspiracy Charge,
But Rules That the Law
Has Been Violated

In a decision handed down Friday
morning, Judge James Phelan sus-
tains the challenge to the jury array
OF the recorders court IN connection
with the case Of Aid. Thomas e. Glin-
nan, alleged boodler. and orders the
Wayne county jury commission to se-
lect new list within 10 days.
The court bases his decision almost
entirely on the fact that citizens OF
the Eighteenth ward, where Gilman
resides. were excluded from the jury
list. and cites supreme court de-
| cisions In this and other states. and
the famous Daniel O'Connell treason
case in Britain in support of his rul-
Ing. This was the point emphasized
In the argument on the challenge by
Attorney James Mcnamara, who with
Ormond F. Hunt, represented Gilman.
Judge Phelan also refers In his de-
cision TO the exclusion of saloonkeep-
ers and politicians from the jury list.
| declaring Ii unwarranted, and points
out that the admission OF one COM
missioner that he purposely turned
In the names Of no colored men indi-
Gates an unfair attitude Of mind.
This commissioners. though. Is one OF
the country members, and has moth
Ing to do with preparing jury lists
FOR the recorders court. However,
II was the exclusion OF Eighteenth
ward citizens that really decided the
issue
The court makes 1t plain that he be-
lieves the jury commission acted IN
good faith. and commends the list So
lected as being one of which the CON-
missioners might well feel proud, hav.
Ing regard 10 the probity of tts per-
sonnel. although the manner ct -
lection was not In strict accordance
with the law. The suggestions Of
counsel for the defendant that there
was conspiracy between the jury
board and Prosecuting Attorney Shep-
herd to convict Gilman or that the
prosecutor in any way exceeded his
authority. are dismissed by the court
as absurd
| Appeal 10 Probable,
II is probable that Prosecutor Shep-
herd will be forced to appeal to the
supreme court from Judge Phelan's
decision. whether he personally 30 de-
sires or not, for the jury board II in
clined to stand by it's guns and refuse
to draw new panel unless SO ordered
by the highest court in the state. OF
course the prosecutor might msnda-
mus the commissioners to carry out
the mandate of Recorder Phelan, but
| this action is scarcely within the
| realm OF possibility. In any event
the trials OF Gilman and other al
legged aldermanic grafters will be de-
layed, which Is an important point
won by the defense.
Judge Phelan's decision I'm full. foI-
lows:
The People VS.. Thomas f. Gilman:
The challenge interposed by the
above named defendant to the array OF
Jurors for this court for the official
year ending with the May term. 1914.
was brought on for a hearing before
this court, upon the challenge to the
array. and its supplement, as well a.
the answer OF the prosecution thereto.
Testimony having been fully taken
upon the issue Joined, and able argu-
ments having been made thereon, and
after giving the entire matter anxious
consideration, ! decide In reference TO
the same as follows:
That the jury commissioners who de-
termined and selected the names Of the
Jurors now In the jury box are not and
were not prejudiced against the de-
| fendant Gilman Neither have they
cutting attorney In his efforts TO se-
| cure n conviction OF defendant save as
tContinued on Page FourteenD