The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-05
SMITHS LITTLE POINT
He Objected 10 Tho Present Style Of Drawing
Common Pleas Jurors.
HIS OBJECTIONS ARE OYERRULED
Judge Mcpherson Thought That in
the Absence OF Any Evidence to the
Contrary, Mr.. kasson Must Be
Considered a Disinterested Person.
Quick Case Given to Jury--verdict
for Mr.. Alderman.

Attorney Cornelius Smith in court
yesterday challenged the present sys'
TEN Of drawing Jurors in common
pleas court on the technical ground
that a strict construction Of the law
dsbars prothonotory or his clerk from
drawing jurors as they are not disin-
terested persons within the meaning Of
the act, according to the way Mr.
Smith sonstrues its language.
Mr. Smith is counsel for Mrs. Estell1
Clayton whose action against Hill &
Connell was called for trial at 2 o'clock
yesterday, Judge Edwards directing
that it be tried before Judge McPher-
son in court room No. q
When Deputy Prothonotory Kasson
began to call the jurors Mr.. Smith said
| he had q motion to make. Judge Ed
wards declined to hear it saying the
trial JUICE was the proper person be
fore whom to make motion concern
ing the case.
THE JURY DRAWN
Mir. Kasson continued drawing the
| Jurors until the seventeenth name had
been reached, when the panel WAS ex.
hausted The sheriff was then sent for
to provide three talsSmen, but bsing
absent from hs Office, Deputy Sheriff
Ryan responded and was preparing to
select the jurymen when Mr. Smith
propounded another objection, stating
that he wanted Sheriff Fahey to per-
form the duty himself
The high sheriff was again sent for
and after short delay that official put
in an appearance.
Judge Edwards then asked Mr.. Smith
il he wanted Sheriff Fahsy to select the
talesmsu. and Mr.. Smith responded
emphatically tEat he did. The sheriff
went out and soon found three men,
after which the jury retired to court
room No. 2.
Mr.. Smith stated that he desired to
make test case and then read the
following motion:
Now April 4, 1894, this case beng called
for trial, &. Smith, attorney for the plain
tiff, objects to Myron Kasson drawing
the jury in the case for the following rea
sons:
NOT AUTHORIZED BY LAW.
The Said Myron Kasson is the deputy
prothonotory and the acting clerk Of the
court, and as such he is not authorized BY
law to draw the jury.
That Myron kassun, as the acting clerk
aforesaid, is not within the intent an(
meaning of the law dsinterested person
The slips Of paper containing the name
Of the panel of jurors are not rolled o.
folded as required by the law, that is t,
say they are not rolled, and the folIint
consisting only Of Il single fold is not sutfi
cient, as it leaves tho names OF the person
open aud exposed to the view of the pe:sol
: drawing the jury.
And therefore the plaintiffs attorney re
spectfully requests the court to appoin
some disinterested person, other tha
Myron Kasson to draw the jury in thi
case.
Major Everett Warren. who repre-
sented Hill u Counell opposed the mo
tion, saying it was too late after a jur
had been drawn to enter such objec
tiop.
, In taking notice of the motion Judg
Mcpherson declared that it bs decided
ly indecorous on his part should he a;
sumo to decide a question of practic
in this court, although he could wit
, perfect propriety interpret the act O
assembly. 1t was his judgment ths
Mr. Kasson, in the absence Of any ev
dence tending to tho contrary must b
considered dsinterested person, anG
IA he is the usual person who draw
jurors the judge said he would owe
rule the motion and allow counsel t
proceed with their challenges.
MRS CLAYToN's CASE.
Mrs. Clayton is endsavoripg to re
q cover damages for injuries sustaine
by falling through a grating in froI
of Hill! s. Connell's Lackawanna ave
nue. store in December, 1889 The csi
was tried before Judge Smith sever
months ago and nonsuit granite
which was subsequently stricken off.
Before Judge Edwards the great
part of the day was consumed by II
trial Of the case Of l.. Klein g. c
= against Isaac Alderman. At 2. In.
rs Ts verdict was returned in favor of Il
be defendant. A jury was then ehos,
In and sworn iu the cuse of G. H. Thorn
against X. T. Post, which will be tri,
If today
" In Judge Archbald's court room Il
i'd case Of David Anglemoyer against Il
10 Third National bank, gsrnishee for Y
!. u. H. Reinhart, continued on trial .
- day.
sr The case of w. II. Quick again
e; William Hanley was given to the ju
c. at noon, but verdict had not been +
l. turned up to the time court adjourn