The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-10-08
Polk Case In Hands
OF Jurors


ned b the defense
The court charged the jury shortly
after the conYens5,g Of court in tn
afternoon session and County Attorney
venable summed up the evidence fot
the stare
Following this. ~ mutual agreement
OF attorneys. further argument was
waived and the case given 70 the jury
Immediately following the calling Ct
he case Of the state OF Oklahoma ys.
Fielder paIk. defendant chareed with
assault 10 kan in shooting at Sheriff
Bailey during shooting scrape in
which one man lost his life Ia Chick
asha some months ago. Judge Holding.
Of the law firm of Holding < Kerr.
attorneys for the defendant. filed e
motion to Quash the panel OF jurors
drawn to serve al this term Of dis
trict court
The motion alleged certain irresiI-
larItIes in the manner in which the
hry was drawn. setting forth. anoIs
other things. that the jury was not
drawn in the office OF the county clerk
as required BY Law. but in room IN
eAe county Jail building that the
names we're not selected from the tax
rolls as required by law: that at leas
one OF the jurors had asked and taken
advice as to who would make SUR
able jurors: that the slips ot papc'
upon which the names OF thos eoh0ses
were written. were placed y the box
from which they we're later drawn
cpen ana not folded. as required ,,
law
j. NJ Robbins OF Minco; Jess It'd
we'll Of Rush Springs: H o. Hayes 0
Chiokasha. all jury commissioners
and F. P. Bradley. county clerk: Jo
Dews. county assessor S. l. Newman
court clerk, subpoenaed az wirnesse
in support Of the allegations set fortl
in the motion, were sworn, exclude
from the court room and called in on
! by one and examined
Ii was brought out in hearing tn
motion. that the county commissioner
we're in session On the day in July
1915. upon which the jury was drawn
that the office OF the county clerk wa
small. and that it could not accomm'
date the jury commissioners in n
performance OF their duties while tn
commissioners were working, that tn
iurv commissioners probably assen
bled in the clerks office and froI
there went 70 the jury room IN tn
county jail building that they had a
cess to the assessment rolls tha
Assessor Dews was absent froi
Chickasha on a fishing trip about til
first or tie fifteenth of July, but tha
during his absence the keys OF n
office were left with Jim Robinson
I one Of the county commissioners: ths
I the n44mbers cf the jury commissio
asked for and obtained access 10 tn
assessors office that they asked fe
and obtained access TO the assess men
lists. that the lists We're taken over
the room in the county jail IN whie
they we're working: that some name
Z we're placed in the box that had bee
suggested to one Of the members
I, the commission as the names Of me
+. who would make good and etfielen
Jurors that all OF the slips upon whie
the names OF proposed or possibi
Jurors were written. might not hay
i been folded.
! Judge Linn in passing upon tie n'
: ton. held that the spirit Of The la'
- had been complied with and that n
grave irregularities. necessitating tn
i, quashing OF the panel had been show
4 to have been committed For lthes
reasons the Judge oyerruled the m'
tion and ordered the jury empannelle'