The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-29
TIE NINTH WARD SCHOOL CALAMITY.

NEUTRALITY-SUSPICIOUS. CHAh0k-VkkDlCT.
This inquiry was resumed yesterday afternoon by
Acting Coroner Beskley Previous to proceeding any
further Judge Mescb one Of the jury called the Coro
ners attention to what he considered an irreguarty
which would invaldate the proceedings He understood
there had been sixteen jurors summoned and sworn,
whereas the law did not allow than fifteen. He
read the Session law chap 49, "Whsnsver any
Coroner shall receive notice that any person has been
slain has been dangerously wounded or been found
dead under such to require inqus-
ton it sha be the duty Of such Coroner to 60 to the
place where such person shall be, and forthwith to sum-
not lees than nine, than fifteen persons,
qualified by law to jurors and not exempt from
such service to appear before such Coroner" &C. He
had had said the opinion of the Corporation Coun.
sci the point which agreed with his own-that they
acting illegally; and there in contnu-
ing the inquest If their erdict would be of avail
We the opinions Of the Dtrict and Corporation
Attorneys upon the points in dispute
CoURT OF OYER AND TERmrEs:
City Hall, Wednesday, 12M.
DEAR sIR:-In reply to your request asking how far
parties who may be affected by the qury nav going on
in relation to causes Of the late melancholy catastrophe
ought to be examined under oath touching the ssmen
am free to say they ought not to be.
The great object Of the inquiry is were the circum
stances under which 80 many have been sud-
denly ushered into the presence Of their Saviour such
as to require the impuaton Of blame upon
either the builders superinten architect others
public school in question?n The rules Of evidence
governing Grand Jury must prevail.
1t requires surely no authority to show that party
accused, who may be accused the result of ormi
nal investigation cannot be examined under oath unless
with conse MT Of the public authorities.
regret that constant employment In the case now
trial for murder, has prevented my presence at this
in portant investigation With great respect. yours
truly N. B0WDITCH BLUNT.
HENRY Il. DAWES, ESQ Corporation Counsel
Dear sr-I find on an examination Of the laws bear
ing upon the subject Of Coronsrs and Coroners Jurss
and the mode Of summoning and empannelling such
Juries that by the laws Of 1S it is the duty of the
Coroner in cases Of death by accident otherwise to
Of whom not less than six shall constitute the jury
The Coroners Jury now investigating the subject Of
the hate accident at Greenwich avenue school, consists
of sixteen jurors of the opinion that ali the pro.
oeeSr 60 before that jury are illegal and informal.
A. one Of the jurors may ask your opinion upon
the tubject Of this irreguarity.
Respectfully, your ob't serv't. WIN. B. MEECH.
New York, Nov. %, 1851.
WM. B. MECH, ESQ DEAR Bin Your communication,
addressed to the Counsel to the Corporation In reference
to the regularity Of the proceedings Of the Coroners
Jury now in session nquring into the causes to which
the late disaster at School No 2 Greenwich avenue. is
to be attributed duly received In the absence Of Mr.
Davies from the city the duty Of examining the question
submitted is devolved upon me
present organization of the Law Department ii the
duty Of the Counsel to the Corporation to pass any
usn ne :. the actS ars not ss srrc,
tborty from general laws Of the State and should be
unwilling, with my present Impressions to assume the
res visibility Of making any official communication on
But az you have in verbal communication expressed
desire that l should furnish you with my own views
hssty examination that have been able to besso~
upon IL.
BY the act of the Legislature Of April a. Is47 sw,
of ls4T chap 49, referred to in your commune alton
the Coroner is required to summon not less than nine
more than fifteen jurors upon an inquest before
him You state that sixteen jurors empannelsa
the inquest alluded to- And the question submitted
,ns tne sis ~ tSs o
quest There be no doubt but that irregularty
has been committed in empannelling more than the
AR that reguary invadstes the acts Of the jury
tits not necessary that should ascertain what would
be the legal verdict found by the present jury
the question under consideration involves mainly the
relations existing between the jury and the acting Coro
and the legal authority Of latter over the former
Il Is quite clear to my mind that, II jury Of sixteen
may be empannelled, there Is no limit to the number
that may be legally empanneled Aud should such
consider the evils that must It would in that
be in the power Of the Coroner to defeat the OBJ
ects Of Coronsrs inquest BY summoning great mum.
hers who would be likely to be influenced by personal or
local preudces and to act without that solemnty aud
Of personal responsibility that ought always to at
tach 70 the exercise Of the important functions Of the
CUropsr's Jury Such construction would lead to
other abuses affecting the public treasury seriously
the admins alton Of criminal justice.
Inispt ndent Of any legal decisions upon the sub ect
SHOULD have difficulty in coming to the conclusion
hst TIE inquest Illegally constituted but II appears
such the only legal conclusion The fading of Coro
ner's Jury Is equivalent to an indictment of brand
ana Il has been held by no less authority than that OF
Lord MaEsheld, that summoning larger number OF
grand jurors than that allowed by law wa gross Ire
Law vol lst PIP 311l and 312) II has been held that
Grand Jury constituted in any other manner than pre-
scribed by law Is without legal effect (See state rs
william Porter ls5 also, State VS. Brooks Allen 13,
abi Ike rule undoubtedly prevails rs to coronsrs
jurors
TIE proceed ngs and affects their legal authority The
pTerSn jury II would seem, has ret been summoned or
act to be supposed that the statute hxed limit TO the
NUMBER Of jurors and at the sane time gave the Coroner
se pos.r oi dispensing WITH that Limitation whenever
Under ths circumstances a. they have bseu presented
to Of the opinion that the proceedings Of the
acting Coroner Irregular and that irregusrty viz
tust depiirss tie acting Coroner OF that authority
over The Jury which he would have had bad 1t been
logaiiy ssumonsd and eppanneled aud that The evil
cannot be cured except b1 empannelliDy new jury
''''''''s - '-' y '''''' " " " Al. WILLARD
Extract from Burns Justice Of the Peace. Ttls Co
Evidence and witnesses Coroner must hear evil
jeuce all hands II 1t De offered to him and that upon
cath. because IL Il not much sccusatve a. An Ia
lic.meut "a an inqusitltion or inquest OF ONCE q
lar Vi. scory, n Leach a3) the ceu-t Of Kings
Birch Granted rule sxainst the Coroner show
vhv criminal information should not be Sled assns
bin for refusing on taking an inquisitton FT. usum
accused.
The jurors at any time during the nvessation may
cal back before them any witnes who has been ex-
amnsj end ask any question that may suggest Itself to
their MINDS as elucidatory Of their inquiry.
IRe Tadi- IL is peculiarly the province Of the Jury
t. investigate and determine the facts o. the case they
neither 10 expect should they be bound by any
specific direct opinion Of the Coroner upon the whole
q the case except far regards the verdict which
in point Of law they ought 10 find dependent and CON
;pytnt Upon their conclusions in point Of fact But In
questions Of uries ought to ask and show the M II
respectful difference to the advice and recommendation
Of The Coronsr 81 gesion facts rssPo, tent uaiess
% spes'irr igis NOV respondent juTatores Fsugh Yep
1907 The verdict should be compounded Of the facts
detailed TO the Jury by the witnesses and o. the aW
s stated to them by the Court (see Krois 22S 225
Justice Beakley, Acting Coroner, thought the erro'
as to the number Of jurymsn, quite imnaterial ani
might not be questioped Of all discussion ensuei in
which both parties manifested good deal Of pertins
city and the Coroner observed, the juror might VITA
draw n he pleased
Mr Meech saii that would not remedy Il he had NJ
right to summon or swear any more than fifteen.
The Coroner then au Jed 10 the subject Of the lette