Daily Republican., 1890-04-03
THE JURY QUESTION.

The Views Of Chief Justice Comegys ON
the subJect-A Rebuke to the Levy
Court.
The following letter hss been recei we'd
by President Of the Levy Court /. N.
Grub from Chief Justice Comegys:
DovRB, March 20. 1890.
To President Grubh Of the Levy Court Of
New Castle Coun'ys
DEAR Sir; The remarks made BY you
In the Levy Court on Friday last Ger.
tainly require notice ct my hands ~ the
organ and mouthpiece OF the courts held
at Wilmington III February last. You
are reported In The Morning News of
Saturday last ~ having said on the occa-
sion mentioned (Which WAS that of the
selection Of jurors), that the court
Chat IS the Superior Court) ought to DO
through with tho general Jurors before
they summoned any special Jurors. He
did not object TO special juries II they
did not interfere with the general juries.
Hundreds Of dollars we're wasted because
general juriss were kept In the court
room while Q case was going ON In
which special Juries were being used.
He knew Of ono general Juror who had
attended court for seventeen days with
out being called on"
wish to say, with reference to the
matter Of your remarks-that the sys-
tenn, with respoct 70 trials, has always
been that casss sball be taken up In the
order OF the suits - to time; and It would
not be right tor the court to make order
for proceeding with them otherwise.
Ero MI Init ho- H. Lark % H.. Il.
case tried In its order; and the court
great Inconvenience and unnecessary ex-
pense to saitors and the pnblic, In any
other way than by the observance of this
rule. An act Of the Legislature may
regulate trials to suit the views express
ed by you; but the court would not feel
justifed, without such authority, to de-
part from usage. the propriety OF which
none conuectei with the law doubt.
Your colleague, Mr.. Wfer, suggested the
means Of obtaining the desired yclial
from :Ps sasl iS:S b friday is.s thai
'sths court seiect the names OF good mtu
to serve as petit jurors, 90 that there
would be no need for special jurics." II
that duty were strictly followed (for 1t Ia
duty q much incumbent on the Levy
Court Is b that required of tho prothono
tary in the selection OF special lurymen)
special juries, as Mr.. Wier said.
The Levy Court 10 Just as competent
to select men oil the boat intelligence and
judgment In the community for jurors ~
tile parliamentary can be- It 10 because
they do not choose men with exceptlons)
OF that quality that suitois are unwilling
to trust an important case to the general
Jury. The expense, therefore, resulting
ftom the trial OF . case by q special jury
would not be incurred II good juries
were selected In point OF fitness. When
say expense do not refer to the coat Of
having tpecial jury (that does not fall
upon the county, but to the expense oi
the party whose interest requires that be
should ask for 1t, unless the court certify
at the close Of the trial that the case was
proper to be tried by q special jury,
when no RECEIVERS 1t, II lie recover at all,
as part of his costs, that falling also
upon the suitors and parties by having
TO keep their witnesses on hand to be
ready for any termination OF the trial;
aud upon the county by the necessity OF
having the general jury ready 10 enter
upon other cases when the special jury
case is out of the way.
II the judges could tell or form any
safe Judgment 20 10 the length of time
that would be necessary TO try an impor-
tant ease they might and, let mo cay,
would dismiss the general jury till such
time arrived; but any one who has ever
attended the trial of such . case knows
they cannot. Nor can they know usually
whether the plaintiff will succeed in
proving case Tor the Jury until he has
closed. Msnifestly. therefore, until he Is
trough with his proof the general jury
mnst be kept In court, for ii he should
| fail to make out case Of law and fact
| the court would non-suit him upon ap-
pltcation and then some case waiting
and to be tried by the general jury could
be taken up. 1t will not do TO send .
jury away upon probability unless that
DO very great, for the court would be de-
layed In its business, to the detriment Of
parties ready to try their cases when the
chance occurs. 1t Is q very essy thing to
imagine, II there be no adequate ex-
perience of court business, how every
thing could be arranged TO save ineon-
veniencs and expense; but those familiar
with the uncertainty OF the duration OF
trials know that It is not In the power Of
any court to prevent ct all times ap-
parently unnecessary expense, All that
| uhWcVeTp WulCu - Attouuhut upOu tHe
existence Of special juries could be saved
If the Necessity for such jurics did mol
arise, that 10, II as good general Jurors
were selected ~ the special ones chosen
BY the prothonotary.
do not believe, sir, you intended ia
reflect upon the court III any respect In
what you said about the waste OF keep
Ing juries In the court room while q
special jury case was on trial. They
never were kept there, except as above
explained, to await the time when the
court would rsasonably know that they
would not, probably, DO wanted until a
certain time. and then they were dis
charged till that time.
In the late term there were Just 20
days Of actual session, but there was no
jury In attendance on ave of those days
which were Saturdays. That would
Leave twenty-four days for Jury cases
Five OF those days were taken up with
general Jury oasos (crimlnal cases) the
iirst week. This would leave nineteen
Gays. On one Of them the jury Wal
brought back In the expectation that I
case would DO tried that day--this wal
FRIDAY OF tho last week. The case wa
not ready than ana Sha tnry IN a fuA lis