Show 4 carz crrz on cin the court inet e t pur a a nt to adjournment L j S joseph holladay Hol nul taday lalay was a arraigned an an indictment for manslaughter upon inquiry beld bein being made by the court if it the parties were ready for fog trial triai mr appleby jated lied a an affidavit setting wetting i torin iorio jo forio rih rib that tLe tie dant dart coul corl not safely elygo go to i 41 triad trial halin 1 1 the absence of three important wit j balin nesse esser esses 8 2 viz vit 3 street Chap chapman marl mari and floyd loyd mr ferguson asked why the sub subtends penas Tenas issued had bad not been served I 1 t gerl geri gen hughes hughea replied hat that bat the witnesses were away west on busi business ness for the mall mali company bu bul be he felt sure eure that they could be present at the next ext term of court the grand jury came into court and pre belted indictments against the low lowing ing in diri divi duals to wit peter Kl imgard christian i Me ligen itgen richard cook john parsons abraham taylore hadrup jahs christian a sen Ben Andrev drew lee andrew AL at mason alason john B ahn e s for murder at and d against peter L mccue and some binet ninety oters others for foi resisting P process io c eq a afe court having as ascertained that there was no further business before the grand jury jurs discharged them with the compliments odthe of the court for fon or then thel r assiduity assiduo and ang faithful performance of their duties after due consideration of the matter the court decided dec dei ded that the case of the people ps js ha holladay ada shod should ahod be continued provided that security rity be e given in the bum sum of for the de defendant end appearance ppe iranee arance at the next teru term odthe of the court r Al mccharles rCharles Mr charies Charles J schultz mide made application fr fir leave to appear as special counsel for the defendants find fend ants in the case of the people vs ithem gard pard arid and others and in intire tire caise cage 0 of the people peopled Peo plew piew rs mccue and ind others as be bavas vas not nol a member of the bar which the court cf ranted and the usual oath in such cases was administered to bim him by the clerk ills his lio iio honor blin biln nor vor asic isk d i fahe the weri were ready for trial tria mr lair schultz answered that they were not and asked far time to prepare I 1 those hose indicted for were ivere then ordered into the custody of the marshal mr afe ferguson Fer guon luon moved hit ilon hon r be admitted a member of the bar the court it liu itu hes end nd miner aliber a of ex amlia tion I 1 to t ree ref art on Mond nond alunday ayin in refi relation tiri tini to the them ot of sau applicant court cour a monday i a t t 10 aoh anh am c monday march record oe of n braday uraday mas was vms vua resil and big sig a agn e d by the J judge all james i on d w was s admitted a citizen of the united states th the pers pera ons sons connected with the south meb web er difficulties indic ed for murder and for resisting process were brod brought ehi ehe into court and duly feig feil reig AIT pleaded not guilty schultz an and d applely appie V bulis burls ta for aby the defendants red feD fend dante anes ants filed a option 6 to quash ach thel tt thein thain ain aln ein d ment in the case of tho those caid ing an h fi ricer inga inua mr r appleby made a long speech in support of alf motion f r i j i mr miner replied in a brief rief po pointed lifted aad and ironical ills his honor judge kinney wen made tbt f following follo ruling an indictment has been axe presented against a number cf individuals P some eighty or ninety of them and to that indictment i a motion is fi feied filed led entitled a dieon to quash the fi st at reason stated stati d is that the gra grand nd ju y was not got a legal grandeur grand jury Jur of the district in support of big this the statute is referred to requiring n the 0 erk of tle the count county y court coutt to 0 o appen append t to the names name of grand jurors selected to al berve serve e as such their ocla octa ocl oci u aifons alfons and residence aud glud it is 13 att apted to ba shown that that statute bas baa not been complied with A certificate IS ed from the clerk of the county court that does not gothow show a strict compliance wih aih N vb the lett iett letter erpf af pf the law in the first pace paci I 1 w wish ish to ta say that that statute points dirc directly etly to the th officer and as a general rule it should be and in regard pait of the statute which refers to the selecting and summoning the grand Jut yIt ia is stated that that baa haa not been complied pj i ed wibb thre th re is a mod by b v aich bieh jt remedy can be hid hod when such esthe is the cabe case ailt aill a n that mode ia just as necess necessary ary dry to be resorted resorts d to as anything elsin j jjr jr sp what is that mode deife I 1 lay it down as a general ruie rule that if desire delfe to take f advantage of the manner of selecting a G grand gradd and jury ya you ou must do it by a challenge to ta the ibe h barra arra or by plea in abate ment anent in the first place it should be by a challenge to theady the aay array before the indictment is found the plea pica in aba ement should be madg made after the indictment ia is found these men were all required to appear at til ill this Is te term rin of court they had bid a fight right to examine that list ot of grand jurors when hen the venire was returned th manner in bich grand jury were seiei selected fed could then been ascertained and if they desired to challenge lerl leri lerie e the array the time and to do 0 this at that time after the indictment is found and the harfy party ia is arraigned and has pleaded to that indictment it can then only be taken adian advantage tage of by plea in abatement this ills I 1 hold hoid to be a general and well fettled rue of law aw where they aliey have statutes similar 10 our dur own requiring the omer oWer observance vance of a particular nicular r formula in the celecion bele aele cion clon ion and emman zellin g of grand juros Jur oisy otSy in sup bup support fort port of dia that 1 fth fin adaa 1 s i this li I 1 I 1 is d an ab import jh ant ml also that g may hias be ba crill enlightened upon the quess quest question iun lun I 1 will wilt read lla lia vin auth north carbina Ca roina rolna the we doc doctrine trind trini 1 I at pleaded toolate e add na and nd that when the ob objection 0 a goe go es fl t a othe manner X er should it should b be b taken by challe challen n 1 geto el ta the array such is un undoubtedly i double I 1 thee the english ing is law as well as that fristina fx istine istina in most parts ot 0 the united states Archi A balds aids Cri crl mihal mihai law section this is is the new york practice so you see that the doctrine is laid dowd down that thai the advantage to the grand jury if any is sought by challenge to th the arry array 1 must be ta keul kefu beh be fore indictment and lilea plea I 1 j A plea in bar dr or in abatement can an be made after is is entered upon demurrer but rut we have not barei here either a tapi plea piea ea in abatement or in bar no chal irnie lifie to the array but merely a motion to quash ald aid I 1 think there is no precedent or authority th tb avill atwi authorize such a pleading after the ibe indictment aftab arraignment and pea I 1 i YOU waived your right at the of the grand jury sury and have been indic indicted tet tei arraigned and pleaded and I 1 think there is no authority that thab will now authorise the court to quash in consequence of the inform allty of the grani grand jury t it is also said that tal tai talisman talis demen remen men have been in trounced tro on this grand jury 46 f whereon where anthe the first day of the term of a circuit Super superior lor for court i a grand jury was 1 and sworn and proceeded in n dis disi j 1 charge of its ita duties but text day dax it wab waa dis covered thap that one of the ther grand jurors wanted legal qualification upon which the court dis disi i charged him and ordered another to tobe tote be swo in hrs his place it was held that this was regular and the grand jury was duly constituted criminal law the court vent went so far in that edae caare that after tie te tle grand jury was and sworn and were acting lil in the discharge of their duties tt awas was th en ascertained that one was nota not nob a legal grand gnand juror The Cour th thereupon ere ts oil introduced a stra stranger irger upon the box and yet jet the court ruled that no lega rega object objection ion fon although the grand jury had beeh been aci ingin the discharge of their thein duties two days one of their number not being qualified to act aa as such sueh what was done here cale case previous to the one orre ar or two of tho se selected to serve oserve on the grand iury jury were verd rilea ralea released sed aed because becaas of others box in their et ead and abd if it ahe the law taw would au theorize a court to discharge one manaster man maa after ha having avin been in pys how much more ca a a a court a nigh right to select tali men to fi A 1 the he places of thos who have bem beg summon ed for foi the thie purpose but dl discharged for cause it is 13 then said baid that the territorial marshal is la not a that the buganic iee act of tos tats territory jerrit cry try requires hat tbt bat be nominated by the go Goer erners norf nori and then appointed oi or confirmed I 1 ty y ilie the L leisla tive council then it is bacling in this ibis court has not hot beeri been 80 appointed inrid how this is the court knows kp bivs not it is forg for us to tb kilow knowl thi be he is a the officer cf of this court ar ard ald d vi vv rhett hetner er de e duj jure e or not at he is 4 de facto and is ined aa as such kuch by the thiv courtl court and bip his acts arb are irot void while act inias buch such so far as the court knows he is pointed and pr opery I 1 a case d a dacon ion lon table tabie jailed ailed to ag 1 v e b bond bonc a n ds bl but u lavwe A by fhe be justice and ana his acts acknowledged leu led ged on the case being argued the court sard eard it vast vasa enough for the coutt to know th that acile he was the officer def defacis acid whether mr air mca lister llster hag hii been quail the bonit knows not betit but bui it presumes that ho h has the court krows knows that tha t he is the co 0 0 oviver of this cou court rt whether fe de jure or n not 0 butia but if he be were not that tha would collender noli coli ender d e r j bis his IS acts void the case in regard to I 1 e 1 clerk f is so trifling that it is unworthy of A ue t e eaten al tenion lon ion of t the e court I 1 I 1 think this answer linder tinder the tse a authority ut hority of wharton which the court recognizes recognize 9 ard thit it is i too toa late after arin is found and after arra arraignment and pl plea piea ealing ling ting to fd to yuash quash the indictment an on the ground that the grand grard jury were not legally d the motion is overruled after some debate about win wih h case should ie te tred wed first it etwas was decided fed led that those indicted for resisting res an officer should be first P put pat at upon trial it the ge jury bein beir sworn on thein their va void diye dire dire diye it appeared d that atilt milton bd V D had form ej ed an cf pinion he be was therefore set asido aside and joseph B R elder was staken wa taken in bi his placa mr hilner aimer aT dressed addressed the jury for the pra pro n D followed by mr appleb appleby y for the def defense enge T burton Burto irand and judson L stoddard were duly sworn and examined on the part of prosecution cross examined by 2 miner arri abid ferguson krzus A I 1 court then admed till tuesday at 10 am c I 1 tuesday 10 ani aul court met aa as cpr anni i e nt 1 he recard read and signed by the judge during dring ule uie reading of the record an air attempt was made by hy the counsel for the he defence to have bave the record amell ameil amended ded der as it was contended thit that it did set fo fon for h the facts in the case which however the court cut short by calling caalim the attorney to order lot smith robert eft eyt buton bulon of kaysville Kays ville jeter Clin clinton tou tov willi mcjones nn iones jones lohn john jensen jeneen james hale haie An andrew dreir cunningham Cunning bam ani aal john were vere examined on the part of the prosecution the ther prosecution then u rf rated rested 1 john smith a and nd ma Mark rk forscutt were sworn and egami examined ned for tot the defense ilse iise they were cro ros s examined b by th the tha prosecution tion coutt court a adjourned deburn j till r to td today aay day at it 10 aib ain am dib k |