The morning call., 1894-10-10
TO DRAW A JURY.
A Novel Point Raised bV
Carroll Cook
1t Is Claimed That Names of
Excused Jurors Must Be Put
Back in the Box.

A jury has not yet been impaneled in
the case of John ". Flood, at present IN
dergoing his second trial for the embezzle-
ment OF S164.000 from the Donohoe- Kelly
Banking Company, of which he was
cashier. Ten jurors still occupy the box
The day did not pass without incident,
however, as Carroll Cook, the leading
counsel Tor the defense, found an Oppor-
tunity TO get in one of his technical objec-
tons to the proceedings, an objection that
may or may not change The whole order Of
affairs in the case of a conviction. The
matter cropped up in the drawing Of the
names of fifty more jurors by equity
Clerk Haley out of the levathan jury-boX
that once held the full CONF lement of
$500 names requisite for the twelve Supe-
rior Courts.
The names had been duly called, when
Carroll Cook objected that other matter
besides the ordinary slips of paper on
which the names were written was con-
tanned in the box. On investigation this
was found to be so, and a number of
sealed envelopes were produced which, it
was explained. contained the names of
jurors who had already been excused in
that court and elsewhere. Cook de-
UldUubu q lull luNeousdl1uIl VI LUb HdlioI.
AMI 70 this end County Clerk Haley was
summoned to the witness-stand.
Mr.. Haley explained that among the 5000
names at first drawn number of persons
answering to those names were subse-
Quently discovered TO have died or TO have
left the State. In such cases the names of
these persons were sealed up in an envel-
ope and put back in the jury-box. Also in
cases where jurors had been excused the
slips of paper containing their names were
Invariably sealed up and returned TO the
box instead of being left to mingle loose
with other names of jurors not yet called.
The examination lasted some time, while
all the envelopes were carefully examined.
la the end, however. no further facts
were ELECTED. and a notion from Carroll
Cook to discharge the panel on the ground
of irregularity was promptly overruled by
Judge Belcher. The examination of tales
men then proceeded. but without result.
All had heard more or less about the case,
and most bad formed opinions which il
would require evidence TO shake. In the
end the case had to be adjourned until to-
morrow, Thursday. Judge Belcher decid-
ing not 10 sit ty-day because Of the ex-
pressed wish of certain jurymen 10 be
excused The Jewish festival, Yom Kip
pur, is the occa sion of the con tinuance.
The objection taken by Carroll Cook
raises a point of in terest. Some time ago
a man named Edwards was tried aud con.
yicted of an offense before Judge Danger
field and jury. On that occasion, while
counsel were engaged in the work Of I'M
paneling a jury. the jury that had
| been celebrating upon another case came
| in and rendered verdict. That jury was
discharged and their names were not
mingled with the others to be drawn from
the jury-box. Subsequently, Edwards
counsel made a motion 10 the court to dis
charge the jury on the ground that the
names of those Jurors VINO had just beer
discharged from the previous case should
have been mingled with the others fol
possible selection. The court ruled other
wise, however, and Edwards was tried ant
convicted.
On appeal the Supreme Court reversed
TINS judgment and granted Edwards a
new trial 1t was held that every name Of
every available person must be placed
loose In the box, without obstruction 0!
any Kind, so that the prisoner as well as
the prosecution may have the fullest lati
tude IN drawing jury
ln the case at bar another point of simi
lar description has been raised, Chiefly
upon the ground that none but the names
of jurors upon whom the court can call Il
serve may remain in the jury box, auC
there lying loose, without obstruction o.
any kind to the hand when dipped into tht
box. Judge Belcher. however, holds
different opinion.