Horace Gray

“ It thus clearly appears by the record that the defendant, having duly and distinctly alleged, in his motion to quash, that all persons of the African race were excluded, because of their race and color, from the grand jury which found the indictment, asked leave of the court to introduce witnesses, and offered to introduce witnesses, to prove and sustain that allegation ”

“ Any person, before the grand jury have been impaneled, may challenge the array of jurors, or any person presented as a grand juror; and in no other way shall objections to the qualifications and legality of the grand jury be heard. Any person confined in jail in the county shall, upon his request, be brought into court to make such challenge.'
Art. 559. A motion to set aside an indictment' 'shall be based on one or more of the following causes, and no other: 1. That it appears by the records of the court that the indictment was not found by at least nine grand jurors.' '2. ”

“ Delaware, 103 U.S. 370, 396, 397, 26 L. ed. 567, 574; Mitchell v. Clark, 110 U.S. 633, 645, 28 L. ed. 279, 283, 4 Sup. Ct. Rep. 170, 312; boyd v. Nebraska ex rel. Thayer, 143 U.S. 135, 180, 36 L. ed. 103, 116, 12 Sup. Ct. Rep. 375. ”