The Detroit times., 1913-07-14
Gilman JOLTS
PROSECUTION in
FIRST ROUND
Jury Commissioner May Testi-
fies SaloOnkeepers and Poll
ticians We're Kept of List
INVALIDATES ENTIRE
PANEL If JUDGE AGREES
Action Taken In Effort to Get
Better Juries, Explains
Commission

Thomas May secretary OF the jury
commission, admitted on the witness
stand, Saturday morning, that Prose
cutor Shepherd conferred with the
commissioners and advised them as "a
what kind Of a jury he wanted to try
the aldermanlc cases; that saloon
keepers and politicians were purpose
ly excluded from the list, and thar
part of the Eighteenth ward, in which
Tom Gilman has great many
friends, may have been excluded
l hese things were not because OF a
prejudice against Gilman. said Mr.
May, but were for the purpose of I'M
proving the character of the juries
which had been notoriously bad the
year before.
The Eighteenth ward contained
probably as many enemies as friends
OF the accused man, and was excluded
because II was sure TO produce preju-
diced men on one side or the other.
Saloonkeepers and politicians were
excluded as a matter of general poi
icy.
During the examination of Mr. May
Attorney Ormond Y. Hunt. for the de-
! Tense, asked to see the list of jury
! names drawn for the current year
! The prosecutor made a hard fight 10
prevent this, but ii was allowed by
Judge Phelan
The attorneys for Gilman consider
the admissions by jury Commissioner
| May quite sufficient to prove error in
the case. They do not show a preju-
dice against Gilman, but all the de-
Tense is seeking TO show is that Ger
tain citizens were excluded purposely
The exclusion of any one person
except those excluded by statute is
sufficient TO invalidate the whole We
nire," said Mr. Hunt and that is
proved by the admissions OF Mr-MaS.-
The long history of the case, telling
how Gilman and other aldermen had
been accused OF accepting a bride
from a pretended agent of the Wa
bash railroad, was read by Mr. Hunt
from the aflidavits that were filed Tor
a change of venue These affidavits
asserted that great excitement was
caused in Detroit by the publication
in the newspapers. and as result
nearly every one had formed opinions
strong enough TO make them preJu-
diced as jurors
Judge Phelan interrupted the read
ing TO ask If the change of venue is
sue was being raised again. Mr. Hum
assured him the affidavits were sub
united only TO show a bias in tie
opinions of the jury commissioners.
Mr. Shepherd objected 10 the read
ing OF aftidavits IN regard to change
OF venue for cases other than Gin
mans. but the court allowed the read
ing to proceed
Thomas May, secretary of the jury
commission then took the stand. lie
testified that he had been secretary Of
the jury commission since May, 1872.
He was asked to produce the notes
| OF the commission on the jury list for
the present year. Records in regard
TO names, said Mr. May, had been de-
stroyed when the lists were com
pleted.
MIR. shepherd was called in to ad-
wise the commission" said Mr.. May,
but | have forgotten just what the
question was. II was not important -
Would you insinuate." asked Mr..
Hunt. that II -Was-reall- important
You would not have consulted Mr..
Shepherd"
Hardly that" said Mr. May.
The affidavits were signed for a
change OF venue when Charles T. VIII
kins had prepared them. said Mr. May
and II was understood that they were
to serve some purpose of the prosecu-
tor. Names were suggested for the
| Jury box by Aid. John G. Lodge for
| the 1912 list, but this was advised
against by the prosecutor, and was not
| followed in 1913. The districting OF
| the city for the selection OF names
for the list was explained, and the
| division OF the city In five equal dis
| tricts was credited TO the trip the
prosecutor made to Washington. ID. G..
All work OF the previous jury commits
sions without such districts was
wrong, said Mr.. May.
Before the 1918, panel was
drawn, the redistricting was said to
be necessary by Mr. Shepherd, and
he made his trip to Washington, to
get data on the population OF the
various parts Of the city This ad-
vice and help were given the COM
mission by the prosecutor on his own
initiative" said Mr.. May.
Ibid he express dissatisfaction
with the juries turned out by pre-
vious commissions" asked Mr.
Hunt.
Don't remember" answered Mr..
May, 81 wouldn't blame him II he
did. II was public scandal and II
was said at one time the jurors were
picking each others pockets"
did you ever hear of his going
before a jury and pleading with them
to come toa righteous conclusion
mot"
Mr. Hunt tried to get the>witness
to admit that the prosecutor asked
the commission TO get men that
would convict" but Mr.. May main
tanned that he had only tried to get
good" jurIes. lie admitted that the
aldermanic cases were discussed as
/ affairs which the next jury should
lconsider AVA
From the records of the commits
sion. IL was proved that for the 1912
list some jurors were drawn from the
Eighteenth. Glinnan's ward II Is
alleged that for 1913. none were
drawn from the Eighteenth.
A list OF jurors of the present year
was demanded by Hunt. Mr.. May
admitted that no saloonkepers were
on the list but denied that saloon
keepers were ever discussed with
shepherd