The Detroit times., 1914-01-26
L. S. GOVERNMENT BONDS
l,13S DENY ANY
PREJUDICE IN
GILMAN CASE
tContinued. from Page one),

! forms OF business, IN all wards There
were 2l5 from the Eighteenth. Aid.
Glinnan's ward Among the signers
were - bartenders. y BARRIERS. 1913
clerks. one capitalist 81 contractors,
Two detectives. one editor, eight huck-
sters. 80 laborers. Ill merchants, one
neWspaperman one policeman, so
statesmen, AZ saloonkeepers and "A
toolmakers
Mr.. Mcnamara renewed his motion
to strike from the files the S07 atIi-
dayits offered by the prosecutor
copy OF these affidayits has not
been served on u.s." he said There
has been no compliance with the pro-
visions or the law which require such
service"
Judge Phelan replied that the at
torneys could have seen the affidavit.
on file in the office of the clerk OF the
court.
But the rules OF the circuit court,
which bind this court" began Mr..
Mcnamara.
We are not bound by those rules.
out by rules OF our own" Judge Phe-
Ian replied. II We followed the cir
cult court rules. We would need 10
judges TO dispose OF our cases, and q
respondent would lie in jail six or
eight months, waiting for trial"
Attorney ]. Shurly Kennary read
the reply OF the defense TO Mr.. Shep-
herds motion. IL asserted that 100
.or the first yenire OF 400 iurymen
were not found. though they were
we'll known, and that no further effort
was made 10 find them, that 20 Of the
yenire OF 200 were not found. II de-
MED that Aid. Gilman has wide &C
quaintance, and that his arrest is now
a subject OF widespread discussion. IL
accused the prosecutor OF asking Ques
tons OF the 1urymen in such a way
rs TO make those awaiting eYamina-
ton unwilling to sit in the case. II
charged him with being unfair and
tricky" In his questions. To get the
juror TO say what he did not intend
To say. so as 10 challenge him and
make more sure the exhaustion of the
panel. II asserted that 10 veniremen
were challenged on ridiculous anu
Illegal" grounds, and that the court
enormously and Illegally" excused 10
of them, and let the other four go
on grounds other than those named
by the prosecution. These 10, 1t held.
would have been more than enough
TO constitute jury.
Judge Phelan interrupted the read
ing to ask:
is there any record that when there
were II men In the box, you asked
to have the jury sworn2"
I'VE passed the jury for cause" re-
piled Kennary.
II understand the horseplay by
which lawyers pass the jury back and
forth across the table. Did you ever
ask TO have the jury sworn?" asked
che court.
You yourself sent for Juror Bird.
that the jury might be sworn" was
the answer
That's right" said Judge Phelan,
thoughtfully.
In addition, printed pamphlet was
rrrrsc+ited- -ahaWing- how each ef-the
229 jurors examined was dealt with.
lie contained such notations as:
objection withdrawn on account OF
private threat OF prosecutor"
objection withdrawn several DAYS
after challenge was made. as Mr.. Ros-
borough developed thought (throa)
trouble"
Court erred in his questions"
THE court had the record OF the
United States court and circuit court
examined, and finding no record there,
sustained the challenge. The next day
Mr.. Scofeld presented his FULL papers
issued by the recorders court His
name was returned 10 the box, but
not again drawn out"
Member militia Claimed his ex-
emption only after prosecutor had In.
formed HIM that jury would be locked
Up three months"
Prosecutor Shepherd waived his
opening argument. and asked for time
in which 10 examine\ the u .l3S afflda-
Wits. Roth sides AGREED to~be ready
to proceed. next Monday