New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-29
Charge OF Justice BieahIsy, Co~oae~.
VERDICT OF THE JURY.


The Secretary Of the inquest called over the
names Of the Jury, and all the gentlemen answered
Judge Mech. one Of the Jurors, said thai befar,
the Coroner commenced the proceedings, he woait
call his attention 10 an error IN tRe empaHaelinee
the Jury, ara IN the Summoning OF the JuFymea
which he thought VAS sufficient TO cause the Who,
OF their proceedings from the commencement 70 b,
unconstitutional and opposed 60 Law. In the ac,s
OF the Legislature Of lstl, Il was provided that nN
less than nlno jurors should be summoned, Dor
more than hitt en-, and as there had beea slIie.s
jurors summoned ana sworn, he thought 1t Nas Use.
less their proceeding further, as they were IN elioi
from the commencement lie had communicated
with the Clerk of the cooperation counsel on tAe
subject, ard from that quacIer he VAS sustalaedn
his opinion.
The Coroner did not think that II would make a.y
difference, as the pUollc were we'll acquainted ens
the facts, and tho proceedings had been regularly
conducted With the 10 Jurors nom lne commence
ment.
Judge Mech thought that the error was fatal, BE-
cause the law upon the point was po>itlte. Supp0S
ing that a case went before Grand Jury, and there
were a Juym swOTD, the fact OF that number ST.
ting when there should DE only b would be fatal
The Coroner thought that It would not interfere
with the reSul, tce present case a. the powers aud
du, OF that jury were different ;romtae powers Of
Grand Jury. lie should pronounce the proceedings
legal as far a. he could Jutse.
Judge Metcn SAID be understoOd that the Dis
trlct Attorney was IN the bucing and he thought
would be well 10 consult HIM upon the point II the
case had occurred IN ms oan court he should have
considered i a fatal error.
The Coroner sa'a that # the Court was trying
case between landlord and tenant, It would be diff
ferent or II the was one which would be likely
10 go before the Grand Jury, but as I was not likely
any proceedings would take place after the verdict.
and finding oi the jury, he thought II would no,
interfere 70 set aside the action OF the CoroneTs
Court. go.
Judge Mech was of different opinion he did
not think they were acting according 10 law.
The Coroner said in a civil suit the case would@
different. II the Jury would give tnen astentoa
they would go through with the inquest
Judge Mech only wished to show the Juy ~
what position they were placed, rs he conSdeTedN
necessary they should know. II they were uyihsa
case OF MURDER and their verdict sent person 0e-
fore another tribunal, he thought the position IN
which they were placed by having an excess OF Ju-
rors would be fatal to the case, and then verdict
illegal.
The Coroner observed that they were not trying
case of murder, and If they would proceed, al
would be night.
law, he would find that what ne stated was correct
The Coroner said that the Jury must take the Law
from the Court
Judge Mech said the Coroner did not know the
law on that subject, or he would not have sworn an
( excess of Jurymen
The Coroner SAID that he had sworn an the Jury,
! and proceeded with the inquiry with 1t, aud the Las
/ had never been called into question. Ii would not
! affect the decision
! Judge Mech said it was fatal to the proceedings
any part sf the inquiry, wherever the ooJecslos
was made. He then read the law from the acts Of
the session OF 1871, as follows
CHAPTER
An reduce the number OF Jurors TO be summoned
and sworn by Coonsis Passed APn. q, 1871
The pOpie OF ne SfaGe Of Nee. York, represenfed ~
Senate ana assembly, do enact as foilo~s
SIC Whenever any Coroner shall receive notice thd
any person has been SLAM or has suddenly died. or has
been dangerously wounded or has been found desd osdsI
such circumstances To require an hquston shan %
the duty Of such Coroner to to the place where sh
person shall be- and forthwith 60 summon not less than
than - per'ons, qualified by law u Ja
and not exempt from such service, TO appear before
such Coroner forthwith at such place as no shall appoint
SEC e. Whenever st OF more OF ihe Jurors shall appes
they shall be the manner prescribed by tho second
section of article ls title TIN OF chapter 3D. part fth %
the Revised Statutes
That he thought showed sufficiently that they were
IN error. Would the Coroner read the law
The Coroner observed that they had been In error
eight nine days, and they would be IN error 70 the
end. They would now go on with the inquiry
The following isthe correspondence which ptssed
between Judge Mech and the Corporation Coun.
sell, Mr.. Henry l.. Davies, and which was produced
IN Court, but not read to the jury
HENRY r. DAWES, Esq, Corporation Counsel
Dear SrI find. ON an examination Of the laws bearing
mode of summing and empannelng such Jues that BY
the laws of 8i7 rs the duty Of the Coroner IN cas Of
death by accident otherwise to less than
moro than eteen Jurors Of whom not less than sn
The CoTOners investigating the subject Of the
late accident at Greenwchav School, SIS Of sixteen
Jurors am the opinion that all the proceedings before
Asone Of the jurors may ask your OPINION upon the
sub eot OF this luegulaTIy.
Respectfully, your ob't. sev't., WIN. b. MECH
NEW YORK, Nov. 20, 1851
WIN. MECH, ESQ Dear sv Your communicates
addressed Counsel To the Coronation reference
10 the regularity OF The proceedings of tho Corones jury
now IN session nquIng INTO the causes to which the lac
buted duly received In tho absence Of Mr. Davies
from the City the duty OF examining the question submitted
IS deyOlved upon me.
IL Is serious question in my mind whsthsr. under tbs
present organization u the Law Department 1t the dag
o. the Counsel 10 the Corporation any opinion Upos
the validity of the acts Of officers strictly aching cor
PoTate officers but who derive ihsn authority from general
= Of he nm ms gslfh nv
sent impr ssons, 10 assume the responsibility Of making
any oiicia communication the subect
But you have 10 verbal communication expressed
desire that should furnish you with my this
subject will briefly state tho result Of very hasty
sm,b alton that have been able to besto~ upon IL.
y the act Of the Legislature vi April a. lSt1 tLs~s
Coroner Is required to summon not less than
than fifteen Jurors upon inquest belt han. You state
that sixteen Jurors are empanneed the inquest alluded
70 And the question submitted whether tho excess
hey md the statute Lumber oi jurors has not
the proceedings Of the inquest. There can be no doubt
bnt that anregulany has been committed empannebns
more than the number fixed By law bat It Is most serious
tie Jury.
for the question under CONSIDERATION involves manly the
and the legal authoit, OF the latter over the former
1t quite clear my msd that Jury Of sixteen may
sai.y empanneled And should such eo9structoa O.
that mus; ensue II would IN that case be in tho power Of
the Coroner TO defeat the objects Of Coroners inquest
ueaced by personal local PIE udces and to act with
out that -oemny and sense Of personal responsibility
that ought always 10 attach 70 the exercise Of the import
snt functions II the Coronors Jury. Such construction
would od 70 other abuses affecting the public treasury
seriously ~ The administration Of criminal justice.
Independent Of any legal secAons upon the subject ]
slo4d have no difficulty coming torhe conclusion that
the sques, ogalIy uied but u appears qule
clear from examination VI the authorities that such
the only legal conclusion. The finding Of cofoaers
JnTy equivalent ~ indictment Of Grand jury. (Soe
CLity Grim Law, vol ls,, PIP. i-8 and ic3) and z has
been held by NO ess authority than that Of Lord Mans
held summomng number OF Grand Jur1s ihla
B1rrells r. 10 80 also Chty's Grim La vol ls,. ~.
81 and Sl IL has been held that Grand Jury. cons;i-
tnied IN any other than prescribed VITA
out legal effect (see State vs. William Porter. l,5;
Also state vs. Brooks Allen g. and like rule IN
douoteoly prevails as T. Coroners Jures
The present rregulay lies at the very foundation Of
the proceedings and affects their legal authority. Ths
present Jury would has been summoned OF en-
paheled the prescribed by law and 1t not %
Cd r...i nf lie