The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-11-23
: BALLOT BOX JURIES.
Informa1ity About the One
Struck for Today's
Trial.
LIPPINCOTT SETS IT ASIDE.
Only a Technical Error, but it is
Better to be Slow and
Sure Than be Quick
and Wrong.
LIPPINCOTT SETS IT ASIDE.

There was an air of mystery strongly
defined about the Court House today.
The Judges, when they entered the build
ing, looked solemn and stern and went
directly to their chamber. District
Attorney Winfield was also more serious
than usual, and the fund CT aaec dotes
from which he amuses his friends when
waiting, seemed to have evaporated.
The Prosecutor waited impatiently for
the Court to appear on the bench that he
might regularly move the case against
the alleged ballot box suffers, Charles
Carr. Lawrence Costigan, William Sweet
ingham and Raphael p'Huybetter. of the
Eighth precinct of the Fourth district.
The Judges were apparently in no
hurry, and after consultation for half
an hour. they were waited ON by Mr..
Winfield. Another long conference was
held, and when it was over, Judges LIP
pincott, Paxton and Hoffman entered the
court room. Without any introduction
TO the subject, Judge Lippincott read the
following
THE JURY IMPROPERLY SELECTED.
''In the case OF the State vs.. Carr ct al,
indicted election officers, set down for
trial today, the Court makes this an
ncuncement. Through an oversight. the
lISU Vi udu1tS lIOul WulCIi tAO PrhSA ~
Jurors returned to try this cause was
struck. was not selected in accordance
with the statutes governing the selection
OF struck juries.
zone or more names of persons was
placed on this list by the Presiding
Judge, who made up the list IN the abb
sence OF the other Judges, which is not
actually assented to by the Associate
Judge, who signed The venire, and which
was understood by him should not be in
cluded in any list of names selected, or to
be selected.
Upon careful examination OF the
statute this Court has concluded that the
selections of the list of names should be
the act of the Court, and cannot be the
act of any single Judge, whatever the
practice may have been heretofore.
This defect therefore exists In this
panel. This defect is insisted upon.
Therefore the ps ael Of jurors returned to
nothing holden, and the jurors
in attendance discharged Such
rules may be entered as will set
aside the panel. The Prosecutor has
leave, whenever he desires. to apply for
such rules and give such notice as will
be necessary to strike another jury Tor
the trial of this cause.
Extreme care will be taken in the fu-
ture when struck juries are applied for,
that the selection of and the transcrib bing
OF lists for Striking De uOne IN an Opeu
and public manner, in open court, with
all Judges present antt taking pHrJ in sucn
selection and transaction.
NO REFLECTION ON THE JURY.
SIT is only proper to say, IN Justice to
Z the panel of jurors here summoned to-
day, that the Court fuliv believes the m
to be impartial and Indifferent betwee n
the parties, and qualified as to talents.
knowledge, integrity, frmness and in
dependence to try said cause.
'sThe venire returnable on Monday,
November 80, instant, Is signed by all the
judges. and l believe this is SO in the
cause which is to be tried December z
next"
WHO MADE OBJECTION.
The venire has on it the sig
natures of Judges Lippiucott and Hoff-
man, and it is believed from this fact
that Judge Hoffman is the associate who
objected to the panel When | asked the
differentjudges about the matter all de-
clined to say anything further than what
Judge Lippincott read. The names OF
the jurors who were Objectionable to tn e
4 Associate Judge could not be obtained.
- At the close of Judge Lippincott's de-
cision ex-Judge Garretson interposed an
objection 10 the postponement of the
trial. He said the defendants were in
Court prepared to proceed, and they de-
sired to. The judge refused to permit TIA g
case to be tried today. and granted ex-
Judge Garretson an exception.