| Show INDICT indictment eor vor MURDER the people of the united states in tile tiie territory of utah vs thomas E ricks and the said thomas E ricks in his hla own proper person comes commes into court here and having heard the said indictment read says he ought not to answer or to be tried upon the said indictment for the reason that the persons acting attili as aa 0 a grand jury by whom the said indictment was found were not at the time of finding the said baid indictment or at any auy time a legal grand jury because lie he says bays that awen twenty ty three persons were ou on the ath da day ot 0 October impanel led an and sworn in this court aa M a grand I 1 jury ury and said persons so im impanel led and I 1 sworn acting as such grand jury constituted as aa aforesaid and not otherwise found scald sald indictment and the said bald indictment was not found otherwise and this the thet said thomase ricks Is ready to aeiry verify therefore the said sald thomasi thomasl E ricks prays judgment of the said indictment and that the same may be quashed and the said thomas E ricks RIAs for a further plea says that hl he ought not to answer or to be upon the said indictment for the thet reason that the pen pert ous acting as w s grand jury by whom the said in was found was not a legal g a fl grand jury because he that pursuant to the order direction and notice of the judge of the tha third district court of the herrl territory of utah the names of twenty three persons persona were drawn for grand in jurors brors to serve at the october term m 1874 of this court that twenty two of the persons who e names were BO drawn were summoned to appear jurum and berve as such ruch grand jurum jorum rom rum at said term or of this court that each and all of said twenty two persons so BO summoned personally appeared in said court on the first fint day of october term to wit on the ath day of october 1874 that among the persons who were so drawn summoned and appearing were benjamin B ner net lewis B wilson wilbon and samuel JR R bennion who were respectively on the day of july 1874 when the list of grand jurors was m made ade male citi zeis zeus of the united states State ew over twenty ne years of age of reported i sound aund mind and discretion that neither of them had been con evicted of any capital or infamous crime nor were they or eithe either of them so disabled in body as to be unable to serve either when they were severally listed and drawn or when they appeared as aforesaid that each and every of them resided in the third judicial district or of said territory for six months and more mor e next preceding the time they were listed as jurors and continue there to reside that they were and each of them was then able to read and write in the english language and that at the time of said draw ing of said jurors and their appearance in court as aforesaid neither the f said swid ald wid ald aid benjamin B nenn nem lewis wis wig B wilson or samuel B P bennion was exempt or entitled to be excused from serving on juries nor were they or either efthem of them subject to be challenge challenged diset set aside or discharged from herving berving oo on said grand jury for any legal cause that said benjamin B neff lewis B wilson und end samuel IL R bencion beni don were anz and each of them was on the said ath day of october 1874 on motion of wm cal Caie cale yEM sem attorney of the people set set sot aside and discharged from service bervice as grand jurors and then other jurors were drawn summoned and sworn in their place on said grand jury at said october term of this court that they the said benjamin B neff lewis B wilson and samuel kE B bennion ennion were not nor was either of them among the persons or jurors of the grand jury in said court at said october term who found the said sald indictment but the other three jurors drawn summoned and sworn to fill their places as aforesaid were jurors of said grand jury that found and acted in finding said indictment that this defendant was not under arrest nor had he glyen giyen bail to appear at said october term to answer to said accusation contained in said indictment ont ent nor or any other of fence prior to the b finding dg or of said indictment and this the said bald a id thomas E ricks bicks is ready teady to verify where wherefore note nore he prays judgment of the said indictment and that the same may he be quashed and the said thomas E ricks bicks for a further plea says saya that ho he dug ought ht not to answer or be tried on oti the said indictment for the reason that the persons acting as a grand jury by whom the said indictment was found were not a legal grand jury luny because he say saya that pursuant to the order direction and notice of the judge of the third Judici judicial at district of said utah territory abw names of twenty three person persons were drawn for gran grau grand d jurors to serve it t the october term in 1874 of this court that robert B chisholm was ono one of the persons so drawn that at the time of the drawing of such jurers he the said robert kobert B chisholm did not reside and has not at any time since resided in said district or territory that he was net not summoned and did not appear to serve as such grand juror that on the ath day of October 1874 being the first day of said october terni term in 1874 of this edu court rt benjamin B neff lewis B wilson and samuel R bennion three others of the said twenty three persons whose names were drawn as aforesaid at the drawing for grand jurors to serve at said raid october term terna of this court in 1874 were by the said court discharged on challenge from serving berving as grand jurors at said term that thereupon on the ath day of october 1874 said court without there being any necessity ther egor eror and contrary to law ordered other namest of persons to be drawn to serve as grand jurors at said term that there in open court were drawn dewil james and on the ath day of oct 1874 julias maisch malsch lafayette granger and ephraim mclaughlin that on en the ath day or of octo ocio ber 1874 said william F james julius malch maich lafayette granger and ephraim mclaughlin er with nineteen n of the persons whose names were drawn at the original drawing of grand jurors to werve tervo as a grand jury at saia said october term of this court in 1874 were I 1 impanel TI P anelle anelie led dj sworn and charged ms as the grand jury of said court for kald kaid said bald terni term that thau the said grand jury composed aud and constituted as aforesaid and not otherwise found said indictment and the same was not found otheral otherwise e that this defendant was not under arrest nor had be given ball bail for his appearance in said court to answer the criminal charge contained in said indictment nor any other criminal charge eh arg e at th the tho time the said persons were w erin impanel I 1 pa lied led and sworn to constitute sti titus tute tuto th the si said bald d grand jury and this the said thomas rhomas ja E ricks bicks is ready to verify wherefore b he L prays judgment ot tho the hild bild bald stid indictment it adje ament and that the same bame may be quashed and tha said thomas ba E ricks kicks for a further plea says that he ought not to be tried upon the said indictment for the reason that the persons acting as a grand jury and who as such found said indictment were not a legal grand jury because he ays says that william F james who was one of the said persons impanel led and sworn as such jury and acting as one of the jurors of sald said grand jury in finding said indictment was not competent or qualified to act and serve bhe as a grand juror that on the d day of july 1874 when the grand list of jurors was made for tor the third judicial district of utah territory said william F james did not own property and arld pay taxes in said territory nor had he before then nor has he be since then owned taxable property aud hind paid taxes in said territory that this defendant was not under arrest anest nor had he given ball bail for his appearance in said court to answer the cri crl criminal charge contained in said indictment ment ment nor any other criminal at persons were impanel led and sworn to conati constitute tute tuto the said grand j jury u ry and this the said thomas E ricks bicks is 18 ready to verify wherefore he prays judgment of the said indictment and that the same maybe may be quashed band and the said thomas E ricks for a further plea says that he ought fought not to bo be tried upon the said indictment for the reason that the persons who acting as a grandeury gran grand jury djury of this court found the said indictment were not a legal grandeury gran grand jury djury that ephraim mclaughlin contrary to law jaw was drawn summoned empanelled empanel led and sworn as a juror of sald ald said grand jury that found said haid indictment that he be acted with and as a juror of said grand jury in finding said ind indictment that awen ty three grand jurors were the total number of grand jurors ordered to be drawn and act accordingly cordingly drawn to serve aa and constitute the ama grand jury for the october term terra or of the third Di court of utah territory in 1874 appointed to be held in sall sail lake Cout county ity on the ath day of october 1874 that on the ath day of october 1874 there being only nineteen of said grand jurors furors so drawn as aforesaid present one odthe of the said twenty three grand jurors drawn as ag aforesaid having failed to appear and three others or of said twenty three grand jurors drawn as aforesaid having been ex cued and disc dise barged the court hen ahen and there ordered four additional jurors to be drawn in open court to complete the complement of twenty three grand jurors that thereupon were drawn william F james edward C chase franklin merrill and samuel D DS sirrine irrine that said Wi william lilain F jam jamis s being in court on the said ath day of october 1874 was then called and accepted as a grand juror that the said edward C chase franklin merrill and samuel hamuel D were severally ordered to be summoned to appear in said court on the ath day of october 1874 to serve berve as grand rand jurors and that on the ath aay day of october aforesaid the tho names of said edward C chase chwe franklin merrill and samuel D sirrine were ordered by the court to be laid aside that it was also ordered on the ath day of october 1874 that other jurors be drawsand draw nand there were then and there drawn to serve on and complete sald said grandeury gran grand jury djury the following names or of jurors and in the following order and the jurors so drawn were disposed of as follows to wit julius malsch maisch accepted by said court as a grand juror jesse E murphy ordered to ie tie summoned to serve as a grand juror 8 W crow his name ordered to be laid aside nicholas groesbeek groesbeck Groes beek beuk and john johnson sev severally emily emliy challenged aud nud discharged daniel W rench bench and james A cunningham their names severally ordered to be laid aside aade lafayette granger accepted by said court as a grand juror william mccormick Wil wll william littin C lewi edward eldredge rhomas A janney william H caspar and lucas livingston their names fe severally V ordered to be laid aside and ephraim mclaughlin accepted by said court as a juror that said jesse E murphy so drawn and ordered to be summoned as aforesaid was summoned on the ath day dav of october pursuant to the order of said court to appear in said court on the day of Oe october tober 1874 to serve as a grand juror that he h the said paid jesse E murphy wat was drawn as arbre aforesaid sald to serve as said grand juror before said ephraim mclaughlin blin biln was if drawn rawn as aa aforesaid that he the said jesse jerse E murphy was a qualified and t competent juror thatis that is to say on the day of july 1874 when the grand list of jurors was made put pui pursuant to law by the clerk of said court and the probate ite tte judge or of sam salti salt lake county he be the the fald faid jesse E murphy was selected tod placed and included in said list tie he was then a male malo citizen or of the united states over twenty one years or of age he had been for and during the MX six months and more next preceding and has haa been ever since the making of said baid list at the date last aforesaid a reri reAl resident dent of and within the third judicial district of oft aid ald aid territory he was then and still is able to read and write in the english language he has not been convicted of any capital or infamous crime at the date aforesaid he be owned and arld still does own taxable property and then paid and still pays taxes in said territory and at the time of being so listed as aa u juror and when so summoned to serve as such grand juror he was of sound mind and discretion and was not so disabled disa lIed in body as aa to be unable to serve as such grand juror nor was be tle at any of the times timea aforesaid exempt or entitled to be excused from serving on juries or on said grand jury nor was he be at any of the times aforesaid subject to be challenged set aside or discharged for any legal cause that this defendant avers that the attendance of said bald jesse JesseE ressee E murphy could be and it was obtained in a reasonable time after his name was drawn as aforesaid that he appeared in said court on the said sald ath day of october after being summoned and before said ephraim ln lin was accepted as a juror as aforesaid and also pursuant to the summons aforesaid in said court at the opening of said court on the said ath day of october aforesaid and before the said grand jury was paneled em or sworn that lie was ready willing and ana qualified to serve as a grand juror at sald said time that helas he was not called to i erve and did not serve at uch ucb that he be was not challenged and discharged nor for any legal or supposed legal cause that he was neither called nor challenged and nud was not empanelled empanel led arid and sworn as one of said grandeur grand jur jury that the said nineteen jurors j brors originally drawn summoned and who appeared on tho the said ath day of october in fald sald court were not challenged tn together gether with the said william F james julius granger and said ephraim mclaughlin and no others were on the i inid ald raid ath day of october 1874 after the appearance in said court and in the presence of jessee mu panel I 1 ed and sworn as its the grand july of said court that said grand jury was so constituted and nol not otherwise that they the said grand jury were charged by said court and were the tho persons acting as such grand jury that fo found and said indictment against this defendant the same was not otherwise found and that this defendant was not under arrest nor had bad he be given lail ball for his appe appearance avanee araneo in said bald court to answer the criminal charge contained in said indictment nor any other criminal charge at the time the said persons empanelled empanel led and sworn to constitute tile said sald grand jury and this the said sald thomas E ricks is ready to verify wherefore he be prays judgment of the said indictment and thi that at the same may be quashed and the said thomas E ricks for a further I plea plen lea says that lie he ought not to answer or be tried on the said indictment forthe for the reason ephraim mclaughlin lafayette grun granger n and and nd julius IS maisch raisch were empal elied and sworn contrary to law lav ns as jurors or of the grand jury that found the said indictment that the per sons fons above named acted ax members of the grand jury in finding and presenting the mald maid indictment that neither of the persons above named was drawn at the time antl ami place appointed and notices for drawing and when was drawn the he original panel of the grand jury for the october term of this court in |
