drawing, the names of not less than 300 persons possessing the qualifications of jurors as prescribed by law. (4.) All of said grand jurors, so drawn as aforesaid, were not persons possessing the qualifications of jurors as prescribed by law. (5.) William C. Stevenson, drawn as one of said grand jurors, was not a person having the qualifications of an elector and citizen of the southern district of Ohio, having deceased before the said drawing. (6.) Because the said venire was not issued and signed by the clerk of said court, as required by law and the order of said court, and that his pretended attestation of the same is not his official act, but was done by some one other than said clerk, and the signature of his name is not genuine. (7.) All of said grand jury, so drawn as aforesaid, were not served by the marshal or his deputy, as prescribed by law. (8.) The return of the marshal indorsed upon said venire, that personal service had been made on all of the “within-named grand jurors,” (meaning the names entered in the body of said venire,) is not true. (9.) William C. Stevenson, one of the grand jurors so returned by the marshal as “personally served,” had deceased before the issuing of said venire. (10.) The said grand jurors were not returned so as to be most favorable to an impartial trial, as required by law. (11.) Said grand jurors were not drawn from the body of said district, but were drawn solely from counties near the place of holding said court, to the prejudice of the defendant. (12.) The prosecution of said defendant by said grand jurors was not commenced and prosecuted as if the act of February 4, 1880, dividing the southern district of Ohio into two divisions, had not been passed, as required by the terms of said act. (13.) William Risinger, who acted as one of said grand jurors, was not competent to act as such, his name not having been drawn from the box, as required by law, and being thus incompetent did participate in the deliberations of said grand jury contrary to law.
To this plea the district attorney filed a general demurrer.
Channing Richards, United States District Attorney, for plaintiff.
Hoadly, Johnson & Colston, for defendant.
