Evening journal., 1922-03-16
LAWYER fights
HIS PROSECUTION
Overruled on Demurrers
Robert Adair Files Plea
in Abatement
ATTACKS METHOD
OF JURY PICKING


day in overriding the demurrer made
by Robert Adair attorney, charged
with embezzlement as an attorney.
When the opinion was handed down
yesterday. Mr.. Adalr said there were
additional reasons why two of the
counts on the indictment against this
question was taken up this morning.
with the resulting opinion by Judge
Harrington.
The two counts taken up by Mr..
Adair are those in which the phrase
person or persons to the grand
jurors unknown" is used. He con-
tended that more definite description
should have been given.
Upon the handing down OF the
opin on by Judge Harrington, the
court took up the question on the
petition filed BY Mr.. Adair yester-
day in which he asked for a rule
to show cause why certain material
evidence and testimony was not pre-
sented TO the grand Jury by the at
torney-general, or why the indlct-
ment should not be quashed or re-
ferred back 10 the grand jury in or
der to secure n full and impartial
consideration Of the action.
His principal contention was that
he had a constitutional right to have
all evidence brought to the attention
of the Grand Jury.
The State contended that It is dis
cretionary with the Attorney-Gen-
eral as to what evidence shall be
presented before the Grand Jury.
The Court denied Mr.. Adair's petit
ton following which he filed a plea
in abatement covering the same
grounds that were covered in the de-
murrer and the petition and in add.
tion the following grounds:
That he alleges that the Granc
Jury that found the indictment was
illegally drawn.
That the Grand Jury box did no
contain the names of 100 qualified
grand Jurors;
That the Grand Jury box contain,
ed less than 100 names OF qualified
grand Jurors;
That the grand jury box contain
ed not more. than 80 names of quail
fed grand jurors;
That the grand jury box did no
contain the names Of 100 citizens o
+ New Caste county. liable to serve a
grand jurors. in proportion for eacl
+ Representative district in that tn
box did not contain the names o
any women citizens Of the county
duly qualified, to serve and liable q
serve under the law.
And that the commission OF tn
names of women citizens is discrim
inatory and illegal.
That one of the grand Jurors
Charles Beth. is a member of III
Board of Trustees Of the Poor O
New Castle county and thereby dis
qualified
That the indictment does no
show that twelve or more member
found it.
That the indictment was foun
upon information given to tn
grand inquest by Deputy Attorney
General Finger. and not upon evi
dence presented according TO law.
And that an of these ground con
stitute the finding of an indictmer
without due process of law an
therefore in violation of the Cor
stitution.
David J. Reinhardt. vice-presider
OF the Law Library Association {
New Castle county. announced thf
the association would extend the us
of the books of the law library in tn
preparation for trial OF the case.
The state moved to strike out ii
plea in abatement from the recorc
OF the court on the ground that
could not be filed after a demurr,
had been filed and passed upon.
Argument will be heard next wee
Argument on the petition OF NJ
Adair had been set for yesterds
afternoon. but It became necessai
to postpone It until this morning.
a trial OF another case consum,
. the entire session.
, At the opening OF the session. NJ
Adair stated that he would not
prepared to proceed with the tri
today, for which time the trial h,
been set, because OF the absence
! material witnesses. some OF who
, reside outside the State. He said
e is his desire TO have the case di
posed of at this term OF court nj
a that IL the court set the case I
j trial at the end of the civil list.
r would request no further cont
?, uance because OF the absence
witnesses. This was agreeable
% Deputy Attorney General Finge
4 who said that ne would waive Il
y filing OF ahidavits by Mr.. Adair
to the inability OF his witnesses
be present today.
Mr.. Adair asked also that the a
! gument on his petition be postpon
until today. but Mr.. Finger oppos
his request. However, Il subs
, quently became necessary 20 ord
the postponement.
!, Two OF the nonresident W
q nesses. Mr. Adair said. are t
. maker and signer of a check Civ
a by him in connection with I
transaction in which he Is accus
OF embezzling s65 from John Du
zinski He may also have as W
- nesses officials OF Phnadelpf
l. bank on which the check was draw
- he stated. lie also Informed {
"a court that at the trial Of the ca
Z he will be represented by 9th
ia counsel.