Show FIRED 1 another judicial outrage i e tl KICKED OUT I 1 judge zano discharges them because they alu not find a number of indictments enry of the third jodi came into court at 1130 yesterday adal ment under the laws of the united stales mr mc aitay itay then arose and stated that he wished io the attention of the court which had been discussed informally aad otherwise in the grand jury room at least grand jury claimed the right to say whether lie should find an indictment or not when at the same time be adi tho evidence sufficient to that it bouldi lie a usurpation andi jury to find an indictment tain circumstances notwithstanding abe evidence warranted it mr mckay then stated the objection waa in relation to than one ii for unlawful cohabitation lin a certain period the juror refer jed to said he would do no auch thine in spite of being reminded that bis oath require dit under aba in of the under I 1 the circumstances mr mckay thou taci juror incompetent the court asked for chiy name and mr clay ton was named s the juror mr clay ton baid yee to correct mr mckay in one particular that he had not refused to indict where the evidence warranted he bad indictment indict bent in that case mr mckay stated that the point lie made was abat the juror refused io find more than indictment tue juror assumed say alier down bythe court or hot ita was not disputed that the grand juror had a right to say whether the sufficient but the grand maimed rai med that even finding bf than n was unconstitutional th atthe law f isumu im umu nishant jor polygamy and th eEdmunds law showed it to be tb e intention of congress to fix the utmost punishment forr unlawful cohabitation which he offense at six afine and cf find tva or abre indictments against a marine toight be punished ato aveo a cr balet extent than for polygamy t mr mckay stated further that there was be asked to have take hou yo rA substantially the bame reabon amr jacob moritz acad he waa that there were others r mr davis stated that in certain cases he had opinion as mr moritz t mr bayton was interrogated by the court and believed bell eved un consi tonal lo 10 fahd more ahan oe ui arpi videa chati excessive fines br unusual imposed e said for indictment where the evidence warranted t but ilo feo indict mentford ment for every yay one very or week ot nota laith standing evidence jiving in un lawfer ori for th re eyears he would find but one indictment lie had advis edwith no one talked with no one except perhaps his wife and that where parties had apen indicted tried band convicted those parties ought to have a chance after they came put then if they didiot did not live within the law they were ready Q indict them 11 ll 1 the inter each s of the aa tool the same position but burthey they alls in the negative y court mr Montz Mr davi and mr clayton I 1 gentlemen that aner you took the oath you did that you would investigate and enquire into all the matters brought before iylo i and whenever the evidence was you would find the hand nothing but the trutha that you would not bo influenced by fear faor by or thereof but in all your presentments you would present the truth the truth und nothing but the truth that you will will not doit i clay tori I 1 hayo stated that 1 would anddie eo court the effect of your statement Is to that effect clay ton I 1 dont understand that way lourimer Lour iMen must be careful I 1 blieu bad no evidence we take a vote OB J court butyok But you auve s tabb you dolt you can hot trifle with your conscience like that in thi court it is astonishing that men have not more for where the evidence is sufficient hotl have whatever if it is condict ct J if iti not sufficient you cannot have no more discretion almu aliis when ft submitted to it if the ono way tho court under flad inether if a caso Is submitted to fe with the plaintiff it cannot find the bacs the other way so with a arand lisyen li ayen blut you kalbs ti You jiava K flay you will not indict though th evidence maybe apu have no right to say a law is wrone after the court charell cha you that it s the law it is the duty of the court to charge yon f to your duties 1 asb cli arged you gentlemen are excused as unworthy to sit on a grand jury next time you come before tle court and are questioned aa you were in this case as members of the grand jury answer frankly and honestly jury you be governed hy your oath mr moritz mr davis and mr claytob Clay toh yau may retire you are discharged from this grand jury 4 afternoon mr mckay raade ana argument apropo B altion thattie th atthe court had power to fill the vacant places in the grund jury he read from the decision of the supreme court in the the regality of the open venire process in obtaining a petite Jury cand contended that it was with inobe power of th court to adopt the open venire course jn the present at the close ochia mr mcky moved alia an open venire iague and the Court ordered that it be for six names anabe returnable forthwith this proceeding edine was followed as dameg jury ast were exhausted the next grand jury for the de cember term will in aal proba ability as a consequence be wade up the open venire process when there will be on as toi the crusaders obtaining oba ining a body of in tp their liking in every re 1 bp act upon the of the open venire and aceb hardE were selected to fill up abb which lt is now gedwill ted will be better adapted for the purposes of the prosecution detent ineve T |