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Show COURT REFUSES TO CALL NEGRO JURY Demand Is Made at Ogden in Case of Colored Man Charged With Gambling. Special to The Tribune. OGDEX. Jan. 4. An effort to inject' the race problem into the proceedings of ! the municipal court failed today when ! .Judge George S. Barker refused to in- 1 struct an officer of the court to summon sum-mon a venire composed entirely of negroes for a jury in the trial of seven negroes charged with gambling. The jury of white men who heard the evidence evi-dence failed to reach a verdict and Judge Barker has ordered a second trial of the case. "In asking the court to instruct the constable to summon a venire composed of colored men I have precedent for this in that County Attorney Charles L. Farr recently demanded a venire composed ; wholly of women to try a woman de- I fendant in a bootlegging case," said i Attorney A. G. Horn, counsel for the j negro defendants. In denying the re- quest Judge Barker said he would re- ; fuse to instruct the constable to serve any particular race for prospective jurors, leaving the question of jury duty to the discretion of the court officer. The seven men who won their temporary tempo-rary freedom through the failure of the jury to agree were arrested by Deputy Sheriff William Brown at the Assembly club on Twenty-fifth street a week ago. |