In the District Court of Washington Territory and for the Fourth Judicial District thereof holding terms at the county seat of Spokane County.
The Territory of Washington
vs.
Ray Raymond} Motion to quash
Now comes the defendant and moved the court to quash and set aside the indictment returned into court by the Grand Jury on the 20th day of March 1887 on the grounds following to wit:
1.-That it is not entitled in this court or in a court appearing to have jurisdiction to receive it.
2.- That it is not entitled in the cause in this that the place of holding court and the venue[?] of the court is not set forth.
3.- The Grand jury finding the
indictment in above entitled cause was
not selected drawn or empannelled as required
by law in this: That the list of said Grand
Jurors was drawn from an imperfect and
incomplete list of persons in Spokane
County qualified to serve as Grand Jurors and
the list of names prepared by the County Commissioners
from which said list was drawn
did not contain the names of all of the
persons in Spokane County qualified to serve
as Grand Jurors, and other persons in
said Spokane County qualified to serve as
such Grand Jurors at the time said list
was prepared were omitted therefore and
their names do not appear thereon
and the present members composing the
Grand Jury were drawn selected and
drawn from such imperfect and
incomplete list – 3 1/2 that no list of such persons
qualified grand jurors in spokane county and was fraud by the
commitment by the persons of grand jury from their defined district
and was named by the county. 4. That said Grand Jury
had no authority to entertain pass upon
or find any indictment against defendant
whatever for the reason defendant was
under recognizance for her appearance
at this term of court and therefore had
a right to challenge the panel or
any individual member thereof
of which right by this action the grand
jury she has been deprived.
5.- That an indictment is now pending in this court charging defendant with the crime of murder in the second degree in the killing of one James Finch upon which issue is joined and was so pending and issue joined at the time of the finding of the indictment herein by the plaintiff this for the same offense in fact.
6.- It appears that no effort whatever was made by said Grand Jury to discover the name of the party injured.
7.- That some of the members of
said Grand Jury were disqualified to
act as Grand Jurors not being citizens
of the United States and some of said
Grand Jurors has were so prejudiced
against deft that she could not have
a fair and impartial trial or hearing before them.
Griffitts Stout
N.T. Catno
J.T. Park
Atty. for Deft.
Filed May 23, 1887 D.A. Clement Clerk District Court
