Newspaper Page Text
PRICE TWO CENTS.
Meanwhile Japanese Sentiments
and Patience are Being
Maritime Nations Seem to Have
Objected to Fortifications
Korea Insists Upon Recognition
of Neutrality by Japanese
Washington, Jan 29.The state
department has received a- cable-
gram from United States Minis
ter Grlscom, at Tokio, dated to
day, in which he says it is re
ported from St. Petersburg that
the Russian answer to the last
Japanese note will be delivered
mt ri te
straits of Korea They say^ it^
remove one of themain obstacles
the most recent
th at the maritime nations of Europe
and the United States would have
taken up the question unless this dec
laration had been made.
KICK REGARDING CHINA
WAR IS CERTAIN
Troops on Both Sides Are Preparing
Port Arthur, Jan. 29.A telegram
reported to have been sent by the
Russian military attache at Tokio was
received here yesterday. It gave in
formation of the mobilization of the
Japanese army and had the effect of
renewing preparations for the dis
patch of troops, already ordered to
the north, but who had been detained
on account of the peaceful aspect of
The authorities have invited the
Russian -women of Port Arthur to join.
the Red Cross.
The organization of the city's re
sources continues as tho war were cer
tain. The authorities are receiving
many sensational reports from Korea
KOREA URGES JAPAN
President of Cornell Says We
Should Make Treaty with
Declares if Chamberlain's Policy
Is Adopted It Will Be
States That Trade Necessities
Directly Shape a Country's
that Russia was unalterably opposed
to the creation of any condition In Jtea
Korea which would lead to closinar negotiate treaties of reci-
that outlet from the sea of Japan.
A strong intimation has been made
New York, Jan. 28.The eleventh
annual dinner of the Manufacturers
association of New York was heldl in
the Union League club, Brooklyn, last
night. Over two hundred and nrty
members~ an^d thein friendl
Paris Jan. 29.It is understood
that the conferences between foreign
minister Lamsdorff and M. Kurino
the Japanese minister at St. Peters- chamberlain, the ablest, the moat auda- out offering assistance. As soon as
burg have permitted the latter to ad
vise his government concerning the statesman in parliamenta consummate they had a great feast, as the meat is
position Russia is likely to take in organizer as well as an imrressive and considered a delicacy by them,
forthcoming answer. Officials here convincing debaterhas set out to over-
stay this was merely an intermediary turn the long established system of Brit-
step towards adjusting the remain- ish free trade by appeals and arguments
ing differences, as the answer is sub- addressed both to the pockets and to the
ject to change until officially com- patriotism of his countrymen.
It is further said that Russia will' ultimately be adopted by the voters of the
rot answer until she feels reasonably British empire it is too early to say But
assured that her answer will not have it is not too early for associations like
the effect of precipitating hostilities, yours to consider the effects of its adop-
Officials here ^gratified at an ap- tlon upon the export trade of the United
HUNAN FEARS AGGRESSION
7~, T, reciprocity with the Dominion of Can
Tlacards Are Posted Inciting Resist
ance to Foreigners. The attitude of Canada toward Mr.
Shanghai..Jam. 2 9.--Piacaraii incii
Whether Mr. Chamberlain's scheme will
S"^ inevitably reduce the volume
l?g of the agricultural produce you now send
^as Canadaa aned othera Britisyouo coloniessenCono manufctur
OQ Placards inclt-' Chamberlain's scheme will settle its fate.
\inDUece*8nted Stagnation In trade is it than to abuse the winds and storms. the winter of 187b.
nartlv owing to the Chinese New Year But like sensible men we should take ac
holidays and partly to apprehension count
itrouble. .,_ of. impending
ofpoliticalwaffairs. ing our
Russia Refuses to Recognize Indepen
dence of Celestials.
St. Petersburg, Jan. 29. Russia's uui.ucim cmo-wnc^v.
rPDlv to Japan will courteously refuse essentially at enmity with democratio
to recognize the "integrity and inde
pendence of China and Korea." This
is the point Jap an stands for. Russia
insists upon the omission of "China
and" In the treaty proposed by Japan.
"Whtle the reply has not yet been offi
cially presented to Japan, the
draft has been communicated to M.
Kurino, the Japanese minister at St.
Petersburg, who has transmitted the
contents to Tokio, whence it will be
conveyed to the friendly powers.
"Wants Neutrality Recognized by the
Tokio, Jan. 29.It appears that the
notification of Korean neutrality
cabled from Che-Foo to the powers
was unknown in the Korean foreign
office until replies were received from
the representatives abroad. The inti
mation was that it was arranged by
Yi-Yong-Ik and Pyen-Hang-Kun, the
latter having just returned from Rus-
The Korean minister at Tokio has
been instructed especially to urge Jap
an's Immediate recognition of Korea's
DISTURBANCES IN KOREA
Natives Object to TaxesRussian
Troops at Antung.
Seoul, Korea, Jan. 29.Internal dis
turbance in Korea is spreading, as the
result of increased taxation. The gov
ernors of three provinces report that cience in tne state is necessary to oe
their officers have been captured by
A thousand Russian troops arrived
at Antung yesterday.
The Korean government has blunt
ly refused the renewed demands of
Italy for the gold mining concession
BETTER THAN BONANZA
Gravel In New Diggings Yields $1.20 to
Special to The Journal.
Vancouver, B. C, Jan. 29.A report
reaches here from Alsec. near White
Horse, by wav of Ashcroft, that a strike
has been made in the new diggings which
surpasses the Bonanza in its best days.
On No. 19. below the discovery on Bullion
creek, gravel that gives returns of $1.20
to the pan has been struck. The depth
and width of the pay gravel is not yet
known, but it is'thought to be extensive.
fore i countries
ing the populace to rise a.nd resist
foreign aggressicM,, are.being bus i
circulated in the province of Hunan,
China. me?^ ?^rffi%JySr\ -Peaking of a in the to?. the chunks ice
rfunan? similar to "hi Srianchurla! Induatrial worW due in part to the: navigators have seen are not over
?rhmovement possibly portendsa concentration of the power of capital eighteen orstwenty inches thrunormal,
nationXouTbreak ^rtenas a
the ne phenomenon In order
I said time ago that the
legitimate intervention of business men in
the affairs of government might not be as
influential in the future as it. had been in
the past I was alluding to the suspicion
which many persons entertain to the ef-
STOPPED A BIG
Devil Fish Drawn Into the Intake
Pipe of a Treadwell Island
tr i. tjii ft,^M of herring was drawn into the water
New York Sun Special Service.
When It Was Captured and Killed
the Native Indians Had a
Special to The Journal.
Seattle, Wash., Jan 29.A devil fish
with tentacles twelve feet long, and
next to the body as large around as a
man, stopped a big mining plant on
Treadwell Island, Alaska, the other
day. Th octopus in chasing a school
And I venture to ask whether, in view
of the facts and the convictions I have water between the ice floes..Ini most
mentioned, it would not be both prescient winters there is a wide stretch of open
statesmanship and shrewd politics for us water in mid-lake, but not so this
to negotiate without delay a treaty of year.
At many points along the west
shore the ice is
market ho Ca for ourselveesc andt keep
Canad a commerciall
tv morrow it may noto
xUlu, Berlin, Jan. 29.-Official Information has
I was alluding to the suspicion been given out that the needs of the 16,-
wnic many persons entertain to the ef 000 inhabitants of the^town of Aalesund,
feet that the modern commercial spirit is Norway, destroyed by Are on Jan. 24, have
politically aristocratic and plutocratic and been provided for adequately.
Seven thousand of the people of Aale-
spirit on which our republicthie based. sund have gone tor neighboring, towns and
The latest development of our economic! villages, and the Hamburg-American Hne
and industrial system has led to the con- steamer Phoer.ecia, which was sent out to
centratioh of capital and control in the Aalesund with relief at the ^instigation of
hands of a few persons, and capital and Emperor William, is caring for 4,000 more.
power under such circumstances tend to She has twenty days supplies for this
accomplish their own ends, even at the I number.
risk of ruthlessness and lawlessness. is
Like the earliest so the latest events in1
our national history are in the interests of the surrounding: country. I is intended to
trade. I refer to the recognition of the send several hundred children to Bergen,
republto of Panama, thru which we are The property losses are estimated at
to construct the isthmian canal, and to, $4,250,000,
the opening, by means of a treaty with
China, of new trading centers in Man
churia. In the same way the Interests of
trade have not only shaped the policy of
Great Britain, but have actually deter
mined the map of the British empire.
No Change Contemplated in South
Dakota, Says Governor C.
When the Residence is Bona Fide
No Legal Flaw Can Be
New York Sun Speciftl Service.
Chicago, Jan. 29.Governor Charles
N. Herreid of-South Dakota defended
the divorce law of his state last even
ing, at the Palmer House, declaring it
was misunderstood by the public.
"To secure a divorce in South Da-
kota.," said the governor, a person
must be a bona fide resident of the
state. The only cases in which east
ern courts have held that South Da
kota divorces were not valid were ones
in which it was shown that the appli
cants for a decree were not bona fide
residents of the state, but had gone to
South Dakota for the express purpose
of securing a divorce.
"There is little or no sentiment In
the state against the present law gov
erning divorce, and I do not expect it
will be changed. Six months' resi
denc in the state is necessary to be-
me a bona fide resident, and even
"J come a Don a nu resiueut aim even
government then is not
considerede fide ifresidence applicants have gone ther sole
ly for the purpose.of securing a di
All in line for "Teddy."
Speaking of political conditions in
his state, Governor Herreid said: "I
believe South Dakota republicans are
solid for Roosevelt. Hanna is greatly
admired, but the people do not consid
er him a candidate. The old time
democrats of the state are alarmed at
the strength Hearst is gaining in the
state. This is considered a joke
among the republicans.
Leads in Prosperity.
"South Dakota is the most prosper
ous state in the union," continued the
governor. "Statistics will show that
wealth in the state has increased more
per capita in the past six years than in
anv other commonwealth in the coun-
^^j^^^^^^ms^m^ ir ri^m
fe eet int
be ascertainedQ Thee
ed at the table. At the guest table
was seated Jacob Gould Schurman, Ropesr, crowbarsm and biof chisels wer
i president of Cornell university, who
-$ responded to the toast, "Business and the plant
Government." said in part: I Whil the of removin.g the
itiial fi-lonra wore- afta- J J.I _ ~jt
the task of
now trade is convulsing the poli- i long-tentacled fish was in progress the
of Englishmen and shaping the poli- Indians gathered on the shore and
of the English government. Mr. watched with deep interest, but with-
the shrewdest and most energetic they were sure the devil fish was dead
uth the pipe.e
but it was several hours before
BIG ICEBERGS ON
Whole Lake Is Frozen Over and
Ice Is Piled High near
steamers in service for a "dash for the
pole," as it combines all the experi
ences of Arctic navigation. Lake
Michigan has at last frozen over, the
cold spell of the last few days filling
up the widely scattered spots of open
to this Structures.
owe to-day to-
There have been enormous with-! hands of a certain -number of men,
drawals Of deposits from the native President Schurmam said
and foreign banks at ,Shanghai, indi- We cannot help this revolution in the '""-V'ar
catiniVbelief incoming trouble. The industrial world. It is no wiser to rail at ^H^
~"7*a~*nci"thata was durin
Inhabitants Who Were Not Removed Are
Fed by Kaiser.
ofProvision the refugeesbeing as there littleefood in
FRIDAY EVENING, JANUARY 29, 1904,
HIGH PRAISE FOR
Professor of Greek Compares
Them to the Goddesses of
Says Diana and Minerva Live
Again in the American
Chicago, Jan 29.Lake navigation
this winter has fitted the crews of i brothers have glyen_ them liberty, ^and they
are not abusing i$ but.jtsing it wisely.
up solid until it
reaches from the forty feet
deep, to an equal distance above the
water line. At the cribs the ice is
piled up until it is higher than the
icebergsethickest aroebof great sizeof
they cam formed is a mys
cembe wa 8 degrees below
and thus far in January is' has been 4
degrees. Thi average has been ex
rage temperatur*e* fodr
New York Bun Special Service.
Chicago, Jan 29 Diana, most ath
letic, and Minerva, most Intellectual
of Grecian goddesses, live again in the
American women of, to-day, in the
opinion of Professor Robert Baird,
who holds the chair of Greek lan
guages and literature in Northwest
ern university. Professor Baird cher
ishes a lofty conception of the Amer
ican woman. He gives frer first place
in intellectual vigor .and physical
beauty. Said he ,TV
In talking over Greek mythology with
my students, I happened to comment on
the lack of a reproduction in Greek life
of the high ideas of "physical development
in womanhood which we find in their
myths. This led me to point out the fact
that in the United States alone are women
of a type which can be compared with
the old Greek goddesses in the glory of
The women of America-.are"/the most
grandly developed of any in the world.
And thev should be. Our girls, our young
women, "must be Strong. I revere the ath
letic girlif hef temperament is evenly
balanced in other directions. Exercise can
be overdone, altho I any not one of those
who are beginning to cry that our girls
are overdoing it. In its' pursuit the intel
lect must not be neglected.
But it is not, in my opinion. The Amer
ican woman is better developed mentally
than her sisters. She toas a broader out
look on life and a keener- intellectual vis
These two fact-*-the ..supremacy of our
women in physical and intellectual devel
opmentare due~ to th$: liberty which is
given them. American^ women are the
freest in the world. T^eir husbands and
Health Commissioner Declares He
Will Help dut Chicago De
spite Law. ^t:
New York-Am Special Service..-
New York, Jan. ^29.-r-After a. two
weeks' inquiry \Halt|s Commissioner
Darlington has borate to the conclu
sion that a combination has Iee
formed to Jranou^^ntifcoxin, and yes
terday gav^e outM statement in which
he offers' to seft.rftteh surplus as the
department of health of this city may
have- on liand to the Chicago. depart
ment of health and to such1
ies as m^y need assistances When
asked by an agent of the trust "what
he was going to do about it," Mr.
I will double,- treble or quadruple our
output. I will sell it from here to San
Francisco. You tell me that it is against
the law. You may be right but I.'tell yp,u
that there is a higher law, which Is above
any on the statute books, and that is. the
necessities of the poor. The life of one
child is worth more than all the profits of
SHIP SAILED LATE.
NeW York, aJn. 29.The French liner
Tourairie was an hour late in leaving this
port Yesterday because the Russian gov
ernment had requested the steamship
company to hold the liner for Lieutenant
Colonel A. D. Dabovsky, who was to sail
with messages for the czar. The ship was
never delayed before for any cause.
FISHING FQ AN BW*^^^
The Fishennan-By Gum, I Don't ^eUevc There's Any Fish There, After AM -gy|
AMES DOES NOT
FEAR NEW TBIAL
Hints at Evidence of a Conspiracy
Against HimFriends Flock
to Him Again.
Ames was secured wa drawn by reason.
state's case was handled by them. Mr.
Continued on second page.
FORME MAYO AMES
SAVED FRO PRISON
With the decision of the supreme
court reversing the district court in
his case, Dr. A. A. Ames is again on
the crest of the wave.
To. walk the short distance between
Sixth street and Hennepin avenue and
his office at Third street and First ave
nue S took him just one hour this
morning, so great was the number of
those who sought to shake his hand in
congratulation on the decision.
The man who headed four city ad
ministrations, who has been under the
shadow of the penitentiary door for
six months, and who went to sleep last
night ignorant whether he would
spend the next night behind prison
bars, walked with erect head and
squared shoulders into his office at 11
o'clock and found himself surrounded
Some of these had been constant
thru all his trobules others' faces
were not so familiar. Sitting under
his picture, taken in the celebrated
military uniform, and receiving infor
mally, Dr. Ames said:
"I have been expecting this all the
time, and my preparations to con
tinue practice here were made in the
belief th at the supreme court would
do as it has done because I could not
see how such a body could have done
"I am no more guilty of the charge
made against me than you are, and it
was si nice thing for' me, sick man as
I ..was.at that time, to have the evi
dence presented against me chased up
by persecutors and considered favor
ably, by the county, officials and the
New Evidence Promised.
"If the case should come to trial
again there will be submitted some
new evidence," said the doctor, sig
nificantly. "In the case now dis
posed of, one phase of the question
was not touched on, but it will be next
time. I will be shown that there was
conspiracy to put me out of the way
and that on the very night of my in
auguration certain well known poli
ticians were heard to make the threat
that within three months they would
have me behind the bars.
"A careful review of all the inci
dents in connection with the political
and other prominence I have been re
ceiving has been prepared and may
see the light of day before long.
"I do not fe'ar another trial, altho
I am inclined to think that others not "P^.fc "^^w, na iinflprstnnd'itiBw' that this act. Th,e act is not subject to any
friendly to me might.. But! doubt had .a comrnion "f
A new trial is granted to Dr. A. A.
Ames by the supreme court.
It is granted because the state did
not orove the offense charged in the
indictment. As the court construes
the indictment, there is little prospect
that the state can ever produce evi
dence to prove it. Fo the present it
stands, and the doctor, is under bonds
to appear under this indictment or any
of the other that are pending, but
it is not likely that the state will move
for trial on the "omnibus" indictment.
Attorneys expected a reversal, but
the ground taken by the court is a
surprise. All the judges agree in re
versing the lower court, but the court
is divided on the grounds for reversal.
if the present persecution, is popular. Gardner was theirr agent. As to the
A. mn told me yesterdayr secon"de point, the evidencei laA that th atraveling- he had jusa returned from a tou
of 134 towns in this state, and that
he did not meet ten men opposed to
me in any way, who did not say that
they were disgusted with the perse
cution given Doc Ames."
To which the room full of friends
said "Aye," with one breath.
"I am not done yet," continued the
four-time mayor. "There are politi
cians .and political campaigns to be
reckoned with. I^haven't lost the
power of speech yet, and I am dd
if I have any fear of them." And the
friends applauded this sentiment.
Mr. Boardman Will Study It.
Th famous omnibus indictment on
which this futile conviction of Dr.
20 PAGES-FIVE O'CLOCK.^
The Supreme Court Reverses the Verdict of the
Trial Court in His Case.
Evidence Is Held Not to Justify the Verdict Judgment 1 Re-
versed, but the Indictment Still Stands, Tho Another Trial
Upon That Specific Charge Is Regarded as Improbable Two
Justices Think the Indictment Illegal.
DECISION in Ames case reversed.
WHYEvidence did not prove facts charged in indictment.
INDICTMENT still stands.
FUTURE ACTIONCounty Attorney Boardman says he
canncil determine till he has studied the opinion. Not likely he
will move for trial on same indictment.
OTHER INDICTMENTS pending.
DR. AMES says he knew he would win that his trial was
persecution and result of a conspiracy. There are other politi-
cal campaigns coming and he has not lost the power of speech
yet. Hints at interesting disclosures.
Offense Charged Not Proved.
The majority opinion, written by
Judge Lewis, holds that the indict
ment was valid, and there was no er
ror in the conduct of the case. How
ever, Judge Elliott should have
granted a new trial, because the state
failed to.prove the offense charged.
Under the indictment, the state had to
prove one of two things. Either Gard
ner was the agent of the-women, who
had a common understanding and
represented them in procuring protec
tion from the mayor, or when he paid
the $600 to Ames, a single offense was
committed, the culmination of the sev
eral acts of the women paying the
bribe, but on the defendant's part a
unity of action and a unity of intent. ~T.
As to the first point, there is no The grand jury In question was drawn
not evidence in the case that the women
and the payment of the $600 was only
an incident in carrying out tne
good. Memberscasfe the court say this
not true. The
stands, and it is now up to.the courity
Syllabus of the Case.
The syllabus of the majority opin
ion is as follows:
State of Minnesota, respondent, vs. Albert
A. Ames, appellantSyllabus:
FirstChapter 151, law of 1899, regulat
ing' the manner of drawing jurors in
counties having a population of 200,000, is
a general law and is constitutional and
not class legislation.
SecondUnder section 7862, general
statutes 1894, the court, for good cause,
may permit a challenge to be taken after^
a juror is sworn and. before the jury isn
Completed State having? com Into
be protected. Held, there was a failure of
proof to sustain the offense charged.
Judgment reversed. Lewis, JT.
Start, C. J., Collins, J., concur.
THE FDMJ DECISION
The Court Gives It Reasons for a
The State of Minnesota, respondent, V3
Albert A. Ames, appellant.
Defendant was charged with and con
victed of the crime of receiving a bribe. &
The charging part of the Indictment is
set out in full for the purpose of clear
ness (a large portion of the indictment is
FirstA motion to quash the indictment
was entered by defendant upon the ground
that chapter 151, general laws 1899, under
which the grand jury returning the indict
ment was drawn, was unconstitutional as
being class legislation. The act in ques
tion is entitled: "An act regulating the
manner of drawing jurors in counties hav
ing a population of over 2,000,000," and
provides that in such counties the judges
of the district court, or a majority thereof,
shall annually on some day in the month
of December, select from the qualified
electors of the county 200 persons properly
qualified to serve as grand jurors, and
2,000 properly qualified to serve as petit
jurors, from which list the grand1
jurors shall respectively be drawn at, the
time required for the transaction of busi
ness in the district court of the county."
of the objections urged against it. I 1s
mth Ust made up in accordance with
^niv enactment or at any future time
application to all
scheme. The defendant is not
charged with conspiracy, so that proof
of a scheme to collect the money does specificalliyo repealed, they are clearly
not constitute the offense charged in
the indictment. TheB
the inaicunen -LU .indictment.
m[gU acquir the time of
a po Ula
tion of' 200,000.
of proof of the act charged in the in- defined in Murray vs. County Commis-
/n+w,.,- sioners, 81 Minn. 359, for the classification .$
is not arbitrary and is not based upon
existing circumstanc.es only, but lias ref- jig
erence t~o a condition which,r hi the opinion
Reasons of the Minority.
Thi opinio is concurreu S OPIHHJJ'n is uunvuiio in. Dy w**,
Chief Justice Start and Judge Col- of the legislators, exists in largely popu-
IITI? Judees Lovely and Brown con- lated counties. The object to be attained
cur in- thLe result, for a different was a methowiteenselecting
jurorisc 1g0V Hennepieth
enactment were nots
implication, and the general law is the
force.with to th se
nmiv,uu=ui only act force.witn reterence to tne se
charges one offense, the .receipt of. a lection oifngrand jurorsreferencecounty.e
bribe, but there is a complete failure
in that Th
t.does not come.within the objections
S^ St^to- nation for the distinction made by.th,
wte^tte'd^SSit^ ot- tt or foar the made
fenses.8 I subjected the defendant
an mquismon which not a necea^r
in a criminal ^oceeding. lhe _court
should either have set the indictment
aside, for uncertainty, or granted tne
motion of the defense, th at the state.
be required to elect one of the crimes
charged, and confine the proof to th at
These two judges hold that there
was no question about the proof. If
the indictment was good, the evidence
was ample to justify conviction.
From either point of view the de
fense wins. One side holds the in
dictment good and the evidence in
sufficient. The minority says the evi
dence was strong enough, but the in
dictment was bad.
Indictment Still Stands.
There was some argument over the
Status of the case to-day. Some at
torneys claimed that by reversing the
judgment, the is dismissed for
nn^session. ofThe new evidence bearinge upon statute to charge two offenses. The de-
1'. ___ .A..I... havin hoon svtrOTTnilerl th
th"e juror'.s suitabilityJ, moved for permi.s
sion to re-examine a juror upon the que3
tion of actual bias. Held, the cause
shown was sufficient and there was no
error in the ruling.
ThirdAn indictment charged that on
the 15th day of December, 1901, the de
fendant (mayor of the city) did. feloniously
receive from (naming certain parties and
others unknown who were conducting
houses of 111 repute) the sum of $600 upon
the agreement and with the understand
ing that such persons would be protected
from criminal prosecution for the month
of December, 1901. Held, that the indict
ment stated one offense, it being inferred
that the money was,a fund contributed
by the persons named pursuant to a com
mon or a joint understanding that such
contributors should be protected.
FourthThe undisputed evidence is that
detectives and, police officers accepted
money from the women specified in the
indictment and others in amounts ranging
from $15 to $25 in consideration of which
each person making payment was prom
ised police protection that the detectives
and police officers who received the money
were the agents of defendant and not of
those making payment that there was no
joint agreement or understanding between
those paying the money that the $600
which was paid over to defendant by his
agent in one sum after it was paid to him
by the women individually was not a gen
eral fund contributed with the under- the- right of the case
Sanding that those participating should In the case of state vs. Nelson, 74 Minn.
of the best pos-
VJ'I.but 3 ti, +h indict sibl class of to act in the capacity
nk rdistinction is a reasonableby fouh
ves in county commis-
of less population I
bi asserted that the larg
fort unwholesomee Influenc in the
of the jury list. The classification la not
within the rule.as defined in State vs. Rltt,
76 Minn.' 526. The motion to quash was'
coun th greaterethe opportunityntselectio
Layne Challenge Was Proper.
SecondDuring the selection of the jury f"j|
at the trial, the third juror accepted was ^fi
John E. Layne, who was not challenged ^"V*
by the defendant, and the state ^withdrew V,|
the challenge interposed'for both--implied
and actual bias. Before the'completion of'Ji^
the jury the state produced an affidavit in, \L
-which it was averred that Layne had. made -Ni
a statement to the effect that if he were' $
on the jury, he would -not vote for'con
viction of defendant, and the st^te moved
MJmin^- Htni the court for leave to examine the-juror
indictment sua A#
-t i KIO.. upon the question of actual bias Leav^.^
was granted, the challenge found true by
the triers and the juror was excused. ,"*gs!
Under section 7,362, general statutes 1894, i||
the court may, for good cause, permit a" 11
challenge to be taken after the-juror Is
sworn and .before the jury is completed.
The cause shown was sufficient, the. state
had come' into possession of new evidence
bearing upon the juror's suitability, the
defendant was not prejudiced, and there
was no error in the ruling.
Indictment In Legal Form.
ThirdDefendant demurred to the In
dictment upon the ground, among other*,,
that more than one offense was charged
therein, and that the indictment was not
found in a case -where it allowed by tha
murre.r been overruled,. tho triallairt
proceeded and upon the introduction, of,
testimony by the state, defendant' moved
for an order of the court to compel the
state to.elect upon which of the offense?
charged in the indictment it would rely,
which motion was denied. The rulings of
the court are assigned as error and are
directed to the sufficiency of the indict
ment upon the ground that it charges
more than' one offense. i
Election of Charge. i%i^
Section 6, article 1, of the consmutlon,
provides that in criminal prosecutions the
.accused shall be informed of the nature
and cause of the accusation, and by sec
tion 7 the information is to be furnished'
by the presentment or indictment of the
grand Jury. Section 7241, general statutes
1894, requires that the indictment shall
be direct and certain as regards ^the of
fense charged and the particular circum
stances of the offense when necessary to
constitute a complete offense. Section 724T
sets forth certain tests. as to the suffi
ciency of an indictment,.among which are
sixth, that the act or omission charged
as the offense is clearly and distinctly set
forth in ordinary and concise language,
without repetition andseventh, that the
act or omission charged as the offense is
stated With such a degree of certainty as
to enable the court to pronounce judg
meht upon the conviction according to