Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1893-01-26
JURY DRAWING.


give the official text of the decision
Of the Court Of Appeals npon the
subject +:
John w. Avire,t, court Of Appeals
The State d Mar land Jan. Term. 1893
Appeal from The Circuit Court for A logan,
County
Fefd Williams. r I. ssemmes, A Hunter
Boyd, J d. Wilson. w y Dcrec-
mon, for Appellant, Attorney
General John p Poe, for
Appellee.
Judges Siuing-Alvey. C. J., Robinson,
ByaH, Page, Fo~ Ter, McSherry.
The first part OF the decision which
treats OF dcmurrers 10 the Indictment Is
omitted.
We come now to the first plea in
abatement and it presents a most
important question.
BY Sec. 2 of Art. 81 of the Code
it is provided that: lit shall be the
duty of the Judges of the Circuit
Courts for each of the counties .
y in the presence of such
practicing members of the bar OF
said couri as shall think proper to
attend, notice of the time and place
having been first given to said bar
through the criers of said courts, to
proceed to select from the lists last
furnished by the clerks of the
county commissioners - and
from the poll hooks of the several
election districts of said counties,
that shall be returned and filed in
the clerks Office of said court after
any general election that may be
last held previously to such selec-
ton, panel to consist of the names
OF two hundred persons, . .
to be- fairly aud impartially selected
of the age aforesaid by the said
judge with special reference to the
intelligence, sObriety aud integrity
of such persons, aud without the
least reference to their political
opinions. q"
The plea alleges that the jurors
drawn for the April term 1892 of
the Circuit court for Allegany coun
ty were not drawn as required by
the statute, and that the present
ment and indictment against the
traverser were not found by legally
constituted grand jury. Upon this
plea All issue was joined. and trial
thereof wits had before the court,
and the finding and judgment there
on were against the traverser. By
the first bill of exceptions it appears
that judge Hoffman, who was the
Onl y witness examined OH the issue.
testified that he had directed the
crlCr TO notify the members of the
bar that on March o, 1892. hc
would proceed To draw the jury for
the April term IF court; that upon
the day named ''he went To the
clerk office with list of two hun.
dred names; that said list bad pre-
Viously breg made out by him from
names Of persons that he knew. and
from NAMES thar had been suggest.
ed To hIm by different persons Ia
tue different districts of the county.
but was chiefly composed of names
of persons that had previously been
IN the box, but had not been drawn
out; that some of the names had
been suggested by different mem
beers of the bar, . that he
anne unced that he was about to
draw the jury; that if there were
any objection to amy of the names
he would be glad TO hear them; that
he then read from the list previous
~ prepared by him. which he re
garded as u mere memorandum. tn.
two hundred names, =: that
the names OF the two hundred wer,
selected from the list previousl,
made b. him; that no reference was
ut that time made To the poll books
or To the list furnislitd by the clerk
of ~thr county commissioners, ex
cept reference was made TO the poll
books To ascertain the correct spell
ing of one of the names, and to
ascertain whether another person
on said list was twenty-five years
OF age, : ., and that all of III,
two hundred names placed in the
box Appeared upon the poll books
of the several election districts OF
Allegany county as were filed i'm the
clerk S office of said court after the
last general election held previously
to said drawing, but some of said
names did not appear upon the list
OF Taxpayers filed by the clerk OF
the county commissioners"
From the list of names thus made
up the jury was drawn, and the
question We have to decide is whether
this method of selecting jury is a
substantial compliance with the
provisions of the statute just quoted
Coleridge j. observed according to
Lord Denman, ''that all questions
touching the formation of iuries
must be examined by the judges
with very critical eyes. O'Connell's
case, supra. This court has said in
Green Us. The State, 50 Nd. l26
that 1.-The general method prescrib-
ed for drawn z juries is mandatOr, !.
and substantial compliance with
the provisions thereof in respect to
the selection aud drawing of Jurors
"a nanaaearv -, ,,,.Aa a. A