Omaha daily bee., 1896-05-03
NEW YoRI<,s NEW JURY LAW.
Expected to shorten Criminal Trials
mud Cot .ntelligcmt NcrhIcts.

Expected to shorten Criminal Trials
aud Get Intelligent Ncrdicts.
marked change Of procedure in the New
York jury system in important criminal
trials, which will greatly curtail the length
Of the trials and save much time to the
shoals Of Jurors called put on the rack, and
rejected, has been brought about by the
new bill, which has just become law, for
the creation Of body Of special jurors in
each county of the state having population
of half a million. The bill was drafted by
Justice Barrett of the appellate division, as
csted by Justice lngraham OF the same
bench and Justice Beekman.
In each county Of the required population,
SAYS the New York SUM- selected body OF
5000 jurors is to be taken, from whom the
jury is to be drawn when an order of the
court is obtained for special jury. rms
body OF men is to be procured under the
following scheme: special commissioner
of Jurors is to be appointed in each such
county by the justices of the appellate di-
vision in that department. The term OF
Office ie five years, but he may be removed
and successor may be appointed by a ma
jority vote of the same justices. The salary
Is not to exceed $4,000. The commissioner
is to have assistants who are to be ap-
pointed or removed with the concurrence OF
the justices, and whose salaries are to be
fixed by the iusticor
The sheriff OF each such county must fur
nish the commissioner under the direction
Of the justices with suitable quarters, and
the commissioner Of jurors in each such
county must provide this special commis-
sloner with the names and residences OF per-
sons liable to jury duty in the courts of
record The special commissioner culls from
these names the 5000 special Jurors, and
may make changes in the 1900 at his dis
cretion.
The qualifications of each special juror are
defined; He shall be a citizen of the United
Gtat pf pt
a resident of the county; he shall not be
less than 80 nor more than 70 years OF age;
he shall be in possession of his natural FAC
ulties and not infrm; he shall be OF good
moral character, of approved integrity, intel
lgent of sound judgment able to read and
write the English language understandingly,
well informed, and shall have adequate
knowledge of the duties of a juror. He
must not have such soruples or opinions as
to the death penalty as would prevent him
finding a defendant guilty on trial for his
life. nor must there be selected ANY per-
sen who doubts his inability to lay aside
opinions or impressions formed from news
paper reading or hearsay, and to render an
impartial verdict upon the evidence, unin-
fuenced by such opinions or Impressions;
nor any person who possesses such opinions
as would prevent him finding verdict Of
guilty in any case upon circumstant!al evil
dence (nor any other person usually held to
be disqualified for the trial of a criminal
carse)."
The special commissioner of Jurors is en-
powered to call before him, to examine them
as to their fitness, all persons whose names
have been presented to him by the commits
sioners of Jurors. The special jurors are to
be exempt from other jury duty, and each
one can be called for service III only one
criminal trial in year.
Application for a special jury mlot be
made to the appellate division, and may be
made by either the people or the defendant
on five days notice. The justices may grant
or refuse it. The application must show that
a fair and impartial trial cannot be had with
out such special jury, or that the importance
or intricacy of the case calls for such jury,
or that the charge has been so widely dis
ssmnated in the press or otherwise that G'l
ordinary jury could not be obtained without
great delay, or that for any other reason the
due efficient and impartial administration of
justice in the requires the trial by such
a jury,
The present challenges for cause and per-
emptory are allowed, but Justice Barrett has
said that much time will not be consumed N
this way, as the judges will not waste much
time on the challenging Of these chosen men.
The judges ruling in the selection of jurors
is not subject to exception.