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Show "JUMPED" THE JURY. A Division Among the Good Men and True Who Form the Grand Jury. Messrs. Moritz, DaTis and Clayton Decide De-cide They Will Not Indict on Judge Zane's Recent Ruling, Regarding It as Ex Post Facto, and Not Giving the Unlawful Cohabs. r a Fair Chance. ' The Grand Jury came into Court thig forenoon and presented . an indictment found under the United States law for the usual "too frequent." The Assistant U. S. Attorney, William McKay, made a statement to the Court of the acts of certain grand jurors refusing" to comply -with the custom and ruling of the Court. Upon questioning, it was found that three of the jurors, Jacob Moritz, Newel Clayton and J. G. Davis, duly impaneled im-paneled and sworn for the September term of 1885, as Grand Jurors, refused to be guided by the opinions of the Court. Judge Zane, addressing the three men, said: I am surprised that four gentlemen serving serv-ing as Grand Jurors should refuse to bring an indictment where there is sufficient evidence evi-dence to warrant it. You are not the judges of the law, it is for the courts to decide as to the constitutionality of the laws. You "are acting on your own oaths and cannot trifle with your own consciences. Your duty is to bring indictments if the evidence is sufficient to convict. Yad cannot go outside of the law any more than the Court can. Mr Moritz, Mr. Clayton and Mr. Davis, you are excused from the panel of the Grand Jury as unworthy to serve your country as Grand Jurors, and when next you come before the Court come prepared to give your answers in a straightforward manner. Gentlemen, you may retire. Messrs. Moritz, Clayton and Davis, took their hats and left the jury box and marched out of the court room. This bounced the three jurors and an open venire was issued to the United States Marshal commanding him to summon sum-mon from the district the requisite number num-ber of true men to serve. A Democrat reporter called on Messrs. Moritz and Davis at once to learn their reasons for bolting. . Mr. Moritz said : "As a juror I propose to do. my .own thinking and act accordingly. I - was perfectly willing to find indictments against all U. C.'s Who have been sentenced since Judge Zane's recent decision that any number of charges can be brought against an unlawful cohabitator within a stipulated stipu-lated time given. But there are men now serving their six months' imprisonment for the offense who were confined before the . ruling was made, and who might have decided differently under a knowledge of the existing rulings of the Court. The Judge , laid it down to us in emphatic terms, and I am sorry the thing had to occu, but under the circumstances governing gov-erning my mind as to the right thing to do, I could not do otherwise conscientiously." conscien-tiously." J.- G. Davis concurred in what Mr. Moritz stated, and seemed somewhat exercised ex-ercised over the matter. - There are now seven parties in the penitentiary pen-itentiary to be re-indicted at once, as their time is nearly served out on the first charge. The gentlemen discharged from the Grand Jury say they are in favor of letting each man out on the expiration of six months, and if he does not obey the law after a fair trial, send him back again. |
