Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-04-03

IN the letter written by Chief Ju ,tice
Oomegys 10 reference to tho stAtements
maas concerning the jury system, he
'This period OF seventeen dav. "a.
Given, shortly before you made your re-
msrks In the Levy Court, by . member
Of tne bar % one where the general Jury
va Kept In attendance during the trial
OF Two special jury cases for that length
OF time. The naked facts show that th:s
statement WAS not warranted by them,
the same as that made TO you bv The
lurymsn was not. Isut the former gen
tleman went further IN his ceueorious
speech, and by inslnuation imputed TO
tne court motive for the long session of
the February term, which, II II existsd,
would be cause sufficient TO driso the
bench"
There Is no doubt Whatever but the
Chief Jusice referred t, George IL.
Bates, ESQ.,, and the remarks he male on
this subject at recent meeting. Conss-
quently that gentleman rises to explain
IN tie following communication to tho
Every Evening:
beg the use Of your columns to cor
rect gvievous misconception which /
find exists with respect to certain re.
marks which I made two weeka sso
before the Young Mems Democratic Club
OF this city. When ! read the letter OF
tho Chief Justice In the Morning News
Of to-day l was simply Mortified to lind
that from some reports Of the meeting
the impression had been Left upon bis
mind that had said something which
reflected upon the character OF the m IN
oers Of tho court. The thorough respect
and warm personal regard which enter
into my feelings towards each member
OF the bench made 1t impossible that l
could consciously have harbored a
thought or uttered IN expression deroga-
tory to any one OF them. In the caso OF
the Chief Justice, who WAS my grand
fathers student and my lathcr's 10 timi-
mate friend, felt that my iatimate per-
eonal relations to him were almost like u
birth-Iight. When, therefore, read his
letter sent I'm nediately ior 'hc papcrs
ID which the speech In question was re-
ported. and find 10 one report at.
tributed to me the following language:
THE system OF payment per diem
leads TO the disposition not to hurry. 1t
10 the tame way In the county court, but
IL wss the only method by which the
judges could get IN increase In salary"
understand Iow perfectly how the
error occurred without the slightest in
tention on the part of the reporter OF
misstAtine me. My resolution Is precise
ss TO my reference to the court In this
| connection. stated my objection TO tho
system OF paying levy court commits
sioners or any officers per diem where
It could be avoided, and that was even
opposed to the system 10 case of judges
but that when the law was pissed allow
ing 1t, It seemed to be the ouly method
by which we (the members OF the bar
who were moving the inatter) could OBJ
tain from the Legislature some increase
in the compensation or salary OF the
judges. My only reason for referring to
the judges In that connection was that
| had actively engaged In sssisting to
procure the passage of the act and sim
ply desire to avoid an appearance OF In
conslstcncy by showing that In that one
case there had been an apparent ne eosssity
for resort to the syGtem to which was
expressing opposition.
At tho time these reports came out /
was very much engaged and e,.aesd
words which ! have quoted above at all
l must have done so with my mind So
pre0ccupied as not 10 observe that they
would bear such construction a. now
see may be piaced upon them. am
bound In candor to cay that was in
formed by fiiend that the chief Justice
had expressed surprise aud annoyance at
something which was reported to have
said and intended at once to look up
the papers and either see him or write
HIN oa tie subject.
This ought TO have done at once, but
was 10 clear that had not in fact snid
anything TO reflect upon the court that In
the pressure OF other matters It slipped
from my mind until yesterday, " hen l
endeavored to find the papers of that
date. OF course now that / see the
ground of misunderst andiug, rogret
more than can exprets that did not
Investigate the matter at once.
One word more, the exact figures
given by the chief justice seem to show
that made an unintentional mis-state.
ment with respect to the service of the
general jury. was tol ! by one of the
Jurors that he had been In attennance II
days without being required to sit Oh
the jury. took his remark as applying
to the panel, but the fact must have been
that that particular juror was not drawn.
On this subject do not wish to be ua-
derstood rs attributlng to the court any
indifference on the subject of any un-
necessary expense to the county. Ny
criticisms were Of systems and not OF
individuals. think more economical
system could be and should be devised.
Yours respectfully,
GEORGE II. BATES.
L.. II