San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-08-12
KHAN JURY
indictments
QUESTIONED
Billed for Co-;1g, Austin
Man Wants Charges
Thrown Out.
RAPS COMMISSIONERS
Claims They Are Not Citi-
zens Because Of Khan
Membership.
RAPS COMMISSIONERS

the Travis county STdnu jury AoA '"N
Tulv term of the Criminal District
Court. which returned 219 bills, are
made the subject of an attack on
certain members of the grand jury and
of the grand jury commission in mo,
ton filed Saturday afternoon by Earl
shelton to quash an indictment against
him in the county court on a charge
The Shelton case has been set for
! hearing in the county court Monday
morning.
Shelton seeks TO have the indict-
ment against him Quashed, alleging
that the indictment is defective on
! the ground that Oscar I. Martin ana
: W. G. Luedecke, two of the three jury,
commissioners who selected the grand
! iury returning the indictments, were
! DISQUALIFIED by law from performing
I the duties incident to such office.
Not Citizens, He Claims. .
& The petitioner further alleges that
SOscar I. Martin and W. u. Lued,
I ecke are not citizens OF the Cnlted
States or Of the state of Texas be-
cause they and each of them, prior
70 and at the time of their actions
as such grand jury commissioners
we're members of q secret organlza'
ton known as the Ku Klux klan, a
hooded secret organization of persons,
which has for its purpose the destruc-
lion of democratic government, the
stifling of American ideals, the sub
version and prostitution of officers and
governmental agencies to officers and
agencies of the Ku Klux Khan and
not of the people and their govern
ments: the corruption of the Eng
fish language and the erection OF an
empire imperial and invisible to rule
the citizens of these United States,
through fear, violence and superstl-
.tion. and the 'furthering by any means
of the interests of the emperor OF
a said klan and its individual members,
4 and to be amenable to no law save
i that OF such emperor and khan, and
to hold their obligation to such organl-
zation superior to their duty TO tue
state of Texas and to protect the
members thereof in violations OF the
laws of the state of Texas and the
United States Of America"
Shelton contends that when Luedecke
and Martin were initiated into the
klau and took the oath of allegiance
10 tie imperial wizard, the two men
renowned their allegiance to the
United States and to the state of
Texas and disqualified themselves for
service as members of the grand jury
commission.
The petitioner further alleges that
the two men named also "became in
terested in, directly and indirectly, all
criminal prosecutions against any
members OF said organization and OBJ
ligated to protect all such members
on violations of the laws of the state
of Texas and the United States and
were precluded from taking the oath
as members of the jury commissioner
and were not lawfully qualified TO ap-
point any person or persons as grand
jurors"
4 Says Indictment Defective.
The petitioner contended further
that the indictment is fatally defec-
tive, alleging that j. Murray Ramsey,
Robert Walling, W. D. Bowman, Wal
/ TER Bremond Jr., W. II. Maddox, w.
a.. Hubble and others, members of the
grand jury at the time the indictment
was returned, were at that time
members in good standing in the
ku Klux Klan, each and all Of them
having Heretofore taken said oath of
allegiance to said organization and its
pmperor, and by reason thereof had
ceased to be citizens Of the state of
Texas or Of the United States OF
America, and had relinquished and re-
nounced such friendship and had be.
come members of said secret and sedi-
tious organization, owing allegiance
only TO said khan, its empei r and his
sdicts, DEGREES, summons, ETC., band
ing and conspiring together 10 protect
each other and other members of said
organization in violations of the penal
laws of the state Of Texas and the
United States of America and TO fur
ther the interests of said organization
and its emperor"
The defendant alleges further that,
by reason of alleged membership in
the khan, the above named grand ju-
rors have never had their citizenship
restored to them and hence were dis
qualified from serving on the grand
jury.
Barton Is Mentioned. e..
The petitioner alleges that the
grand jury members named, though
pretending 10 be an arm OF the law,
part of Il court Of Texas, never were
sue bat in truth and, in fact, was
an institution of said khan organiza-
ton, receiving its instructions and be-
ing accountable in its actions TO L
u. Barton and other officers and mem.
bers of said organization and said in
structions were generally to protect
all kluxera, 10 harass and persecut,
nil persons not members and especial
j. 10 yet the Sheltous' and actuateC
by such motives, subject to the order
OF such persons and office of sail
Cfranization, and acting. not for tn,
s.cte of Texas. but In behalf Of sal,
organization. it's Officers and mem
bars. said indictment was against tn
defendant returned"
An additional allegation is made i
III, motion that acts of the grand jury
by reason of facts mentioned, "wer
acts done and purported by, unde
and really in the name. Of the X
klux Kan. Capitol Lodge No. s.
aud were 80 Qz-eded - be by ST
purported grand jury in its rcpol
tc the criminal district court of Tri
Wis county,
The defendant further alleged thi
the said grand jury indicted no men
hers Of the Khan.
The motion also contains part {
the alleged oath Of allegiance allegC
90 be taken by a klansman TO kee
secret al crimes except treaso
against the United States, rape an
malicious murder.