The Providence news. (Providence [R.I.]) 1891-1906, 1895-09-16
SUPREME COURT.
September Term Common
Pleas Division.
Grand Jury Was EmpaneIed This
Morning.
Judge Wilbur Makes a Very Pointed
Charge.

This morning the septem Der term OF
the common pleas division OF the Su-
preme Court opened. In Judge Wilbur's
chamber the gentlemen drawn as grand
Jurors In their respective towns were ex-
amined as TO their qualifications, and the
grand jury empaneled. In opening
court crier Munroe's formula was a LITTLE
longer than customary one used, he warn
ing all present to keep quiet under pain
OF imprison nment, the sheriff and his
deputies TO make their returns 10 the
court, and adding quite number Of
statements OF technical nature There
were jurors summoned, both petit and
today.
number OF the members OF the ora nd
jury wanted TO be excused from service.
but In all but one instance the requests
could not be granted. One man wanted
TO be excused because he had chsres OF
the building OF dam, and when the
court informed him that TO exempt him
was beyond its power ne said he had
not paid his personal property tax and
then admitted he owned some real estate
In answer TO the questions frop ATTORNEY
General Duboi this man stated he owned
a lot I'm Pawtucket for which he paid
$500, but on which the tax assessors OF
that city had placed the valuation OF
ssoO and that the property was mortgaged
Tor 700. This left him possessed OF 5000
worth OF unencumbered real estate. so
Judge Wilbur told the man he thought
he would make good juror and thar he
IN ust serve. l.. A. Tillinghast who had
been drawn as juror from this city, but
who had removed to Pawtuxet, was ex-
cused from service.
Inc following parties were sworn as the
grand jury of the county: James n.
Arlington OF East Providence, Owen A.
burlingame and Gardner q. Clark, Jr..
OF North Provldence, Edwin j. Bunker
OF Cranston, Richard Lavery of Johnston.
joseph M. Oatley and j. Gilbert +. Eddy
OF smit thfied, Alphonso White and James
j. Meehan of North Smithfield, Thomas
n. johnson of Pawtucket, Nelson j.
Ballou Of Lincoln, William Mckee OF
Central Falls, Stephen l. Dexter Of Cum
berlsnd, Napoleon Jacobs of Woonsocket
and Emerson W. Hill of Foster James
II; Arlington was appointed foreman.
When the name'of tho fifteenth man
quailhed to serve was accepted by the |
court Attorney General Dubois said he |
wanted TO make motion to increase the |
number OF the grand jury. He thought |
mere was necessity for more than rs |
men on the jury, and asked that the num- |
Der be increased TO %, and suggested that
additional grand jurors be summoned into
court.
Judge Wilbur said that he never remem-
oered a grand jury in this county having
nore .nan 10 members and that by the
common law the jury might consist of q
members and could not have less than 12
members. He said he didn't see the
iecessslty Tor increasing the number of
ne members on grand Jury il those
erving on 1t remembered they were un-
ler the same oath to do right as was the
Attorney Genreal and the court. "Per-
'haps, suggested his honor. "some
uthority might be given the court to
1cuse Jury after improper conduct on
ne part OF the members was proved. But
there has been improper conduct on the
arr OF the members OF the grand jury in
ne past think ii your duty, Mr.. Attor-
1embers before the new jury. for those
mo serve on that body are amenable
. the laws, like every body else in the
ountry.'
Attorney General Dubois said that he
oud not find any authority for the
nange from 70 to 10 members except the
lstom which has grown up in this State. |
Judge Wilbur said there was no oues-
on ABOUT the Attorney Generals under
andlng OF the change being correct.
1d that that officer had consulted with
eled. pan
Attorney General Dubois further stated
.at he thought it would be for the best
lterests OF justice to increase the num-
5r 10 rs, and having called the attention !
the court to the fact, his duty ended
lere. lie said in conclusion, ''Does the
'urt deny my motion?p 2
Judge Wilbur stated that since the pas
ge of the judiciary act he had more
an 10 qualified residents of the county '
mmoned for service on grand Jurors {
uefs 10 prevent delays, but after care c
liy considering the motion made by the \
'torney General he would deny II and S
reiterated his opinion that no increase \
Is ; necessary In the number of members i
the grand jury of the county. c
Judge Wilbur then began the address to
Q Jury, asking the members 10 remem- C
that as short time ago as last June G
ward OF 100 cases were presented TO the {
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