Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-04-03

lengthy communication to President L. N.
draob oil the levy court, In which he takes
execution TO certain alleged statements OF
Mr.. Grub in regard to the selection of
jarors that "tne court Chat Is the superior
courD ought to be through With the general
Jurors before they summoned any special
Jutors. He did not object to special jucies
II they dlt. not Interfere with he general
iuriss. Hundie;s OF dollars we've wasted
BECAUSE general jatles we're Kept IN the
court room while u case was going on In
which special iuriss we're being used. He
tended court for II days without being
called on"
The chief Justlce showed how that with
respect to trials the cases are always taken
up IN the order OF suits ms to time, land 1t
would not % right Tor the court to make
order Tor proceeding with them otherwise.
Every plaintiff has the right TO have hts
case tried Ia its order; and the court could
not conduct It's business without great In
convenience and unnecessary expense 10
sui'ors and the puolic. In any other way
than by the observance OF this rule"
Judge uomegIs eoatinued; "An act OF
the Legislature may regulate trials to suit
the views expressed by you, but the court
would not fsel justified, without such
authority, to depart from usage, the pro-
priety Of whicn none connected with the
law doubt"
The chief justice believes the levy court
rs list a. competent TO select men OF tho
best lnteliisencs and Judgment IN the COM
munlty fot jurors MS the prothouotary Can
be. Ii If because they do rot choose men
with ezcepiiona) OF that quaiiiy that
suitors are unwilling to trust an important
case TO the HeherAl jury. Tha expense,
therefore, resulting from tue trial or u Case
by SPECIAL jars would not be ncuTred II
good iurias were selected In polnt OF fit
ness. II the judges could tell or form any
safe Judgment 10 10 the length OF lime that
would bs necessary to try an important
cass tuey might and, let me say would dis.
mics the general jury TIL such nme arrived
but any one VINO has ever attended the
trial Of such n case knows trey cannot.
Nor can tina? know usually whether the
piaintth VIII succeed IN proving a case for
this jury until he has closed. MnnjiestIy,
therefore, until lie Is througn with his proof
the general jury r1dst be kept In court, for
II hs should taii to mike out case of law
and fact the court would non-suit him
upon application and then some case wait
ing and TO ba ttied by The general jury
could bs taken up.
1T 10 q very easy thing to imagine, II
there DO no adequate experience OF court
business, how everything could DO arranged
to save I convenience ami expense; but
those familiar with the uncertainty OF the
duration OF trials know that 1t Is not In the
power Of Gay court 10 prevent at ali timss
apparently unnecessary expense. All that,
however, which is attendant upon tho ex-
istene OF special iurios could BIZ saved II
the necessity for such juries did not arise,
thai IL, II as good general jurors ware Sc.
lected rs the special ones chosen by the
pTothonotsry."
The chief justice did not believe Mr..
Grub Intended to tefiect upon she court In
IN in tuhuf uutA al H..
waste of keeping juries IN the courtroom
wh.iO special jury case was or trial. They
never were kept there, except IS above ex-
pained, TO await tho tins whsn the court
would reasonably know that they would
not, probably, DO wanted until certain
time; and then they were discharged till
that time.
Judge Oomsgys then gave a resume OF
last terms jury attendance.
In referring to statement that q general
juror attended court sew nteen days With
out being called upon, the chief Justice
said: This period OF seventeen days was
given, shortly before you made your ie-
marks In tbs levy court, by member of
the bar as one where the general jury was
kept IN attendance during the trial OF two
special jury cases for that length OF time.
The naked iaots show that this statement
was not warranted by them, the same Ma
that made to you by the iuryman was not.
But the former gentleman went further in
his nensorlons speech, and by insinuAtion
imputed to this contt motive for this long
session OF the February term, which, II It
existed, W uld ba cause sufficient to drive
the judges who held the court from the
bsnCh."
GEORGE II BATES, ESQ, EXPLAINS.
Editor EosTg Ete,li.g; | beg the use Of your
columns to correct q greyioIs miscutceItiOn
which find exists with respect to certain re-
marks which made two weeks ngD before The
Young Mems y morrntir club OF this city.
When road tho letter OF the chief Justice IN
the Norn'np NrlDs Of to-day was simply hOrri-
He'd to iini that from some reports ri the meet
Ing The impre sion had heen left upon his
MIND that hud said something which refie tod
upon HE char' ctrr 81 the members oil tho
court. Tie thorough respect and warm per-
sonnl regard which enter into my feelings
towards each member of the bonch maie it
impossible that could consciously have har-
bored u thought or uttered an expression de-
rOSatNrS 10 any one Il Them. in tho case IT the
chiri justice, Who was my gfanlt1ther's stt-
don't hilt my fathers intimHte ffienG felt that
my nGmtta personal rotations to him we're
amo ike birth-rigEt, When therefore
rehd hlI letter sent Immediately for tho
papers ia which tho spRpch in question WIS re-
peFted ard iiud in one report attributed TO
mo thu 80 lowing language:
"Ihr SN5tetn al payment p6r diem leads to
the disposition not to hurry. 1t ls tha same
way in the county court, but It was the only
method by which the Judges could get an n-
creasn IL .alary'
understand now perfectly how the error
occurred without tie slightest intention on tho
part Of the reporter OF nisstat!ng mo Ny
recollection II prcrse ils 10 my reference TO
the court IN This connection. stated my OBJ
lGJttun 10 the system of paying levy court
commissioners or any officers a pNr diem
whore II could be avoided, and that was even
opposed 10 the system in cnsc Of Judges but
that whom me law wna passed allowing it, it
seemed to ho the only method ~ wach we
lthc members of the bar who wers moving the
mltt0lN cuid Obtain from the Legislature
some IN tease III the compensation or salary
Of mo Judges. NV only reason Tor referring 10
tho Judges IN TINT connection WIS that had
actively engh eel in insisting To procure HE
IHssnge of the act and simply desired to
avoid an appearance of inconsistency by show
ing hai in that one case there had been an
apparent necessity for resort 10 the system to
which &ss expressing opposition.
Al the time these reports came out was
very nurl engaged am glanced over them
very ht4tily. and II read the words which
have qiniel above AZ all mus! have done so
will my mind 20 prep cupled MS not 10 observe
that th"y would bear such u construction as |
now SEQ may be placed upon them. | am
bound IN candor 70 say .hat / WAS informed by
friend that the chef justice Ind expressed
Furrris" anu annoyance at something which /
was reported 10 have suid ana | ntondrd ut
once % look up the papers anG either
soc MN Of write him on the subject
Iais ought to haze done ut once. hut was
81 clear that had not in facl said anything 10
reflect upon the court that in the PRESSURE nf
Other mat ers ~ slipped from my mind until
yesterday when Cndeayorud 10 iiui the pnpers
Of ihhl late. or COURSE rUw thut SEQ The
ground ut MISUNDERSTANDING, regret mors
than rNu express that did hot investigate
the mnttUT nj unrp.
Unn word more, tho exact nrurea piyru by
tn, ciliri Justice seem 10 show that mn To- an
uninehituual mis-statoment with respect 10
the service OF tho general !ury. / was tpld by
one oil mo Jurors tuat hB had huen In attrnd-
spce u days without being requirod 10 ST on
rIe jury. took his remark Ms applying "a Tho