The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-25
- o n L l n u = n
fEu0 paOe one
Work Of Selecting
Jury Moves Slowly
At Friday Session

At Friday Session
Twenty-eisht prospective jurors were
examined Thursday and six farmers
and six businessmen had been tents-
lively selected Thursday evening,
after the prosecution and defense had
each used four peremptory challenges.
Eight jurors have been dismissed
for cause by Judge Andrew Miller,
who Is conducting examination Of the
jurymen personally, attorneys ad-
dressing to him al questions they
wish to ask.
AZ the trial went into it, fourth
day, Judge Miller stu had under I'd.
visement defense demurrers to the
indictment charging LANCER and eight
associates with conspiring to solicit
political contributions from federal
workers. The court previously quash-
ed demurrers to the indictment charg-
ing conspiracy to obstruct operation
Of an act Of Congress and the trial
is proceeding on that charge. One
Of the defendants, Oscar 3. Erickson,
however, Is not on trial because Of Ill
ness. Defense efforts to obtain .
postponeuent to await Erickson'e re.
covery were denied by the court.
The court Thursday withdrew It's
ruling denying defense motion TO
quash indictments to permit attor-
neys on both sides to introduce new
affidavits with respect to the motion,
which was based on allegations the
petit jury panel was illegally drawn.
The government desired to resist
the motion and made no objections
to the Judge Withdrawing his ruling.
Following this, argument on this mo-
ton was held In the private cham
bers Of Judge Miller, with ]. NJ. Han.
ley Of defense counsel conducting an
examination Of Frank 8. Talcott,
deputy clerk of court, Is to the man
ner In which juries are selected.
Talcott Testifies
After the arguments, the Judge m.
nounced In open court that the mo-
ton to quash the indictments had
been again denied. Following arc
parts Of the testimony given In the
judges chambers by Talcott, ques-
toned by Hanley.
Hanley: Now, II the court please.
Just as q little explanatory Of the At
fidavit Of Mr.. Talcott, want to ask
him q couple Of questions explAne-
tory, and before I do that may state
into the record that Is far as the de-
Tense is concerned that they concede
and recognize that the practice used
In drawing the jury in this case =
the same practice that has been used
in this district from time immemo-
rial, since the organization Of the
court, and that this motion In no WY
or In no manner reflects upon the
action Of any officer Of this court and
particularly the clerk, but that We
are raising point on the theory that
in some way the defense has been. as
we feel. somewhat prejudiced owing
to the system and the system only.
q. Mr.. Talcott, In your affidavit
you state it is the practice to ask
some person in different counties In
the state to forward to the clerks Of
flee q list Of names Of men qualified
for jury service; that Is correct, isn't
It?
A. That IS correct.
No Reference TO Politics
| q. There Is no reference to politi-
cal parties at all in connection with
drawing the juries 50 far as your Of
flee Is concerned? That Is correct,
isn't 1t?
| A. Yes.
q. Now with reference to the diff
ferent individuals who send names to
your office, which names you put IN
the jury box, do you know what mo-
tives prompt them In sending In the
names or whether or not they take
into consideration the political AZ
filiations Of the parties whose names
they send in?
j A. Well, of course, have no way
Of knowing what Is in their minds
when they make the list out.
q. With reference to the method
you use when these names come in
you put them In the box, don't you?
A. Yes, but that Is not the entire
procedure. The lists are sent out
We have . form to begin with that
We send-I say wei mean the
clerks office and the jury commits
sicner. The counties Of the state are
divided equally, the jury commission
er takes q certain number, We take q
certain number, and this form Is sent
to them. On the top Of the form II
tells them what the qualifications Of
jurors In the federal court are. also
the professions that are exempt, ssk-
ing them to list . certain number Of
names on this blank Of men from
their counties who they believe come
under the qualifications as set out
in the blank. That blank Is returned
to our office. We then take the lis;
and the jury tickets are made ont on
Z long sheet Of paper. The jury COM
missioner Is then called to the fflce
the lists are cut 80 that there Is Just
one name on each slip, and the slips
then are placed in our jury box
which Is the box which contains the
entire number Of names from the
state, by the jury commissioner ard
myself. That has been the practice
I would say, generally speaking, while
have been In the office.
Talcott Republican
9. Are the names I'll put in the
0OX IN q 0u0cn2
A. They are not.
q. TO get ct it right, are they put
in alternately or not?
A. The jury commissioner puts in
one and I put one In; In other words,
we follow the statute.
q. I think the statute says some
thing about the political affiliations
Of the jury.
A. The political affiliations Of Mr..
Hooper wv. 8. Hooper, Fargo)-He Is
Q Democrat, which Is the opposite Of
the clerk Of court.
Q. And you have always been .
good Republican?
A. ! don't know about the good,