The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-01-11
M'PHILLIPS' LEGACY.
Prosecutor Winfield's Dis
covery of Irregulari-
ties in the Petit Jury.
MURDER TRIAL POSTPONED.
Judge Werts Acts Immediately
No End of Trouble Likely
to Ensue,

The trial OF Joseph LounettI for the
murder of Michael Fazziolo, at No. s99
Fourth street, on Septe mber 25, 1892. was
set down for today. The trial was inter-
rupted by District Attorney VIM
field. who made most re-
markable announcement when the jurors
were being selected, an announcements
that showed more plainly than words can
express the disgraceful manner in which
the Sheriff's Office was conducted prior to
the advent of Sheriff Stanton.
Two jurors had been selected to serve
in the murder trial after close examine
rion by ex-.Iudge William T. Hoffman
aud Judge DAILY for the defense, when
The juror answered that he was present
and then Mr.. Winfield said:-
wINFIELD'S OBJECTION.
II object to this man; he is not
eligible"
"Whys" asked Judge Werts.
Because he served on the Jury last
term" was the answer. 'and," con-
tinued the Prosecutor, "there ara others
on this jury who were on the last
Jury. The law says in this respect that
no man shall be permitted to serve as a
grand or petit juror oftener thaa once
year, and we have jurors here who have
been repeatedly on the panels"
The Prosecutor at this point read the
statute relating to the selection of jurors,
and it confirms what he had said.
"I have been informed" COM,
menced Judge Werts, shat there
are four or five jurors
on this panel who were on the last one,
II this is true. it seems to me that IL
vftiates the entire panel"
"That is my understanding Of the case"
replied Mr.. Winfield.
''Yes, that is the condition of things"
said Judge DAILY. and ex-Judge Hoffman
agreed with all.
II do not see how the trial
can proceed. the jury not having
been properly selected" thoughtfDlly
remarked Judge Werts. II shiuk the
the case had better go off for an indefinite
period"
JUDGE DALY's ADMISSIONS.
The lawyers agreed that they saw no
other way of disposIng of the case.
Judge DAILY, In addition, informed thu
Court that it had been the intention
of the defendants counsel to take
advantage of this vic alton of the law
had the case gone to trial and an appeal
was deemed necessary. No man, be cons
tended could gally be tried By jury nof
legally summoned.
Judge Werts agreed to this, and he
dismissed Juror Smith for the term. He
said the other jurors would be treated in
the same manner when they should be
summoned.
When the present petit jury was sum-
moned Judge Werts directed that it
should consist Of sixty persons, and
men to serve. 1t now appears that
from the fact that four or i've OF the
number were drawn, that the entire
panel has had no right TO act, for
the trial juries in the past
have not been selected from sixty
persons legally qualified to serve al
jurors. This, it Is feared, will In the
cases that have been tried create much
trouble. for it will furnish excuse for APP
plications for new trials
THE TROUBLE CAUSED.
The peremptory discharge of Juror
Smith from the panel also, it was thought
might create trouble. making the n&mber
of the jurors on the panel two less than
sixty. one other who had been
illegally drawn baviDg died since then
1t is probable that the direction TO dis
miss Smith will be reconsidered and that
he shall he allowed to have his name on
the list, but that he and the other illegal
jurors shall be permitted to ser.e.
just what damage has been done by
the election of the present petit jury. no
lawyer today seemed DISPOSED to say. IL
indeed he knew, and the subject will be
thoroughly discussed by all lawyers be-
fore tomorrow and the law hunted up.
Before dismissing the Lounetti case
for an indefinite time, Judge Werrs
directed Clerk Gritten TO prepare list
of all juries that have been drawn for the
last three proceeding terms, TO ascertain
how many disqualified Jurors have
served, and how many are on the present
panel.
District Attorney Winfield said In
court concerning the jury
II have made up my mind that this
"rounder" business should stop; there
are too MANY professional jurorsn