The Leon reporter. (Leon, Iowa) 1887-1930, 1915-01-28
IN TnE DISTRICT COURT
Jsdoe Evans Holds Grand Jury was
not Legally Drawn, Discharges
Them, and Orders New Jury.

not Legally Drawn, Discharges
Them, and Orders New Jury.
The January term of the district
court convened Monday evening on
the arrival of Judge Evans from his
home in Corydon. Court will be In
session for three weeks, there being
an unusually large number of cases
on the docket assigned for trial at
this term.
There was some excitement Tues
day when the court was ready to
order the grand jury for this term
drawn, ON account of a question be-
ing raised as to the legality of the
grand jury drawn for service during
the year 1915, and C. w. Hoffman,
attorney for Fred Russell, who was
last week bound over to the grand
jury, made objections to the grand
jury, alleging it was not Legally
drawn, the objections being set out
in the following motion:
Comes now the defendant ana
moves the court to set aside the en-
tire panel comprising grand Jurors
for the reasons that the same was
not selected, drawn, summoned. or
impaneled as prescribed by law.
That the list of names were not le-
gally selected as prescribed by law.
That the list of names was not such
a list as required by law That the
board never certified to any list OF
grand jurors as returned by the diff
ferent townships and voting pre-
cincts. That the judges and clerks
of election in different townships
failed to certify to any list of grand
Jurors selected from said township.
That in many of the townships the
auditor did not certify the list OF
grand or petit jurors who had served
during the year 1911 as required by
law. That the auditor did not certl-
fy to any list of grand jurors for the
years of 1915 and 1915, as by law
provided. That the list copied by the
clerk contained more than $50
names, instead of $50 names as re-
quired by law, and more than $50
names were placed in the box from
which the grand jury was drawn.
That Bloomington township returned
list of ten grand jurors, four in
excess of the number that had been
apportioned to Bloomington town
ship. That the trustees or clerk did
not certify to the list of grand or
petit Jurors. In ward of Leon five
grand jurors were appOrtioned by
the auditor and six grand Jurors
were drawn. That the auditor appor-
toned eight grand jurors to Garden
Grove and only six names were plac-
s ed 81 the liat That there was no
certificate attached showing the
number Of grand jurors selected
from Decatur township in the year
1914 as by law provided. That the
auditor failed to apportion any
grand jurors to many Of the town
ships in the county"
Judge Evans postponed the draw
ing of the grand jury and on We'd
nesday morning passed on Mr.. Hoff-
mans motion, sustaining the objec-
tions and discharging the members
from further service, and issued an
order for the board of supervisors to
meet today and prepare a new list
of names from which new grand
jury will be drawn. In passing on
the motion Judge Evans said that in
eleven voting precincts in Decatur
county, there were defects in the jury
lists. That in some of them the
names of judges and clerk at the
election were placed on the jury lists
which Is contrary to law. That the
board of supervisors failed to correct
the apportionment in some cases,
and that in some townships there
were more and in some cases less
than the legal number of names. In
one township, Bloomington, there
were no names certified in at all for
jury service. The court said it was
the duty of the board to carefully
scrutinize the list of names and that
the list should have been examined
by the county attorney who should
see that the legal requirements were
complied with in the matter.
The matter will probably raise a
number of complications as the in
dictments which have been returned
during the past year are all defective
unless the persons indicted will
waive the matter, and it may be nee
essary to again bring in witnesses
and have the parties again indicted.
Ed Swope is acting as court bailin
at this term of court.
The trial jury was charged by the
court Tuesday morning, twenty-nine
Of the thirty-six members responding
for duty, seven having been excused
by Judge Evans on account of sick
ness and other reasons.
The case Of State VS.. Earl Riley,
which was set for trial at this term
Of court, was continued on motion of
the defendant, and the trial goes
over until the March term of court,
when 1t will be tried before Judge
Maxwell.
The following cases had been dis
posed of up to the time The Reporter
went to press on Wednesday:
CRIMINAL.
State VS.. Lawrence Graves. De-
fendant enters written plea of guilty
of assault, and fined 800 and costs
and to stand committed to county
Jail until fine is paid On petition Of
citizens and recommendation of coun-
ty attorney mittimus will not issue
during good behavior and until or