New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-05
THE SPECIAL JURY LAW
LISTS COMPLETED IN BOTH NEw.YoRx
AND BROOKLYN.
THE CONsTITUTIoNAILTY OF THE ACT PREPARED
BY JUDGE BARRETT LIKELY TO BE DE-
TERMINED BEFORE 1T is USED IN
ANY CASE OF IMPORTANCE.

| I'm the last year that there Is a new Jury Ian 40
! fectng the two cities. and of them have h.,
wondering when they were likely to be called a, !.
J serve under it. There we're difficulties 4,
making up the lists OF special jurors, but the La,
| have now been completed, and at any time arr.
, the Appellate Divisions meet an application ma,
| be made for n special jury In any case that !.
! deemed Of sufficient Importance TO require on.
In this city the Special Commissioner OF Ju,o,,
| IS Henry Winthrop Gray: in Brooklyn Bernara |,
| York was appointed by the Appellate Division ;,
| the Office The law Is applicable only to COUNT,
J having five hundred thousand or more inhab.ta,,,
How soon jury will be selected under this lav .,
an oncn question When District-Attorney ol,,..
was spoken to on this point last week he re,u.d
that he was unable TO give positive answer.
You are aware. I suppose" said he. that I'm.
! question has been raised 10 the constitutional,
0. this law, and on that account should not i.
| inclined 70 ask for a special jury In any case n
volvlng any grea: public interest. II would N,
| TO me- wiser to have a jury Of this kind drawn 4,
| case where no interests would suffer II an adysn
decision on the question OF consttutionality m
| rendered. and then let the question go up 10 h
Court OF Appeals before another special jury =.
applied for The point that have heard rata
against the law Is that jury drawn under n
would not be a jury OF the peers OF the person a
| trial since It would be chosen from specially =
point do not care to express an opinion. nh,
question to be decided. not according 10 my OH
| ion or any other mans opinion. but by the JON
sitting in tire Court Of Appeals.
PREPARED WITH GREAT CARE
Nor have given sufficient attention to tn. h,
| 20 Justify me in expressing any opinion reyarttf
its probable value II was prepared with great "a
! by eminent lawyers. including Judge Barrett a
was really the father OF 1t. In any case in which
| appears that fair and impartial trial cannot
had with an ordinary jury. either the DistricE
! ,orney or the counsel for the defendant has N
| right TO apply 20 the Appellate Division for the
lection OF a special jury. In just what clas
| cases such jures would be applied for | am q
| prepared to say and shall not cross that BRIT
until I come to It. / may remark. however d
a case like that Of Guldensuppe might seen II
proper one for a special jury. II were going
try IT, but do NOT expect to do so. STILL In sue,
| case I should be unwilling 10 proceed under D
new law until 1t had been properly tested In D
courts"
At the office Of the Special COMMISSIONS
| Jurors at No. III Fifth-ave., In the absena
Commissioner Gray. James A. Lamb, who wa
| charge OF the office said:
The list Of 800 names OF special jurors
| been practically complete since June. but We
now engaged in making an alphabetical lr
| them. which the law requires TO be kept In hed
so that the record Of any juror on the list may
| readily examined This work will be completed
! about week We now prepared 10 dras
| special jury whenever called on by the Appsh
| Division TO do It. The application for such III
| NAV be made either on behalf OF the people
! Intention TO make such a motion must oe gvea
THE object Of the law Is 20 save time IN tx
| lection OF a jury and put stop 20 sicn proon
| ings as have been lately witnessed, where. Ia
case. It took four weeks 10 get a jury ana "
| DAVIS 10 complete the trial What has neen ea
| in this office Is the preliminary sitting wnlc1 ";
| tofore has been done by the lawyers in cour
has taken good dea, of time Inn r the1r ana ~ mo
criminal trials There is no reason Why ny, i IsS1
s ~ day no matter how important the six a
how much II has been talked about
WHEN A SPECIAL JURY MAY BE APPLE
"A special jury may be applied for whena s7pesn
! 70 the Appellate Division that a fair and mpaiuA
| trial cannot ne had without such a jury. or VIZ
| the Importance or intricacy OF the case requne
| jury OF this kind. or when the subject matter o.
! Indictment has been so widely disseminated @ ."
mented on as to induce the belief that an o1das
jury cannot be secured without delay ana ana d' nv
! How often he new system Will be used Nsa
| gets in operation it is impossible TO say. az S
should not suppose that more than zen la OF nj nj
the law applies TO Brooklyn as Wei as NeNiws
seems unlikely that 1t will BE- used over mere W
e eSeca d i in getting jury is the MSK
| case and in that. II | remember rlgn,iy, =. ~
great deal Of time was taken In examining u'
lin making up the list of special jurors We c, sM
take the lists certified to US by the regu Coml.
! sicner Of Jurors Mr. Plim'ey. From him we y
ce,ved I'm all about thirty-two thousana va I,
The number OF men examined was 80, s sos.
trese 800 were selected OF those to wnom so
we're sent 600 were rot found by the letter.
rers. and 800 ignored the notices served On na, ~.
There were 300 who objected TO the deatn psnr
| 200 wro said that they would not CONVEX OF ~
! der on circumstantial evidence, ard l1p VINO :
| such n rreiu1ice against some law that they Me.
! refuse TO find any one guilty of violating IT, ~
singular thing that so many jurymen MINK i..n
their duty TO pass on the law as well as me ,as.
Some men were rejected because they cha.'
their answers 10 questions after earning was' -
yantagcs there are in being on the special n Isl
we folt that they could not be trusted. Tm.
vantages are that special juror Is exempt ~.
Oh to serve more than once in three or four ye,n
! Nearly all of the men who were accepted promss
nM' Of faSt out Of =" the three hundred and
be at least two hundred thousand on the req,
! jury lists. and If business men and others VIZ W.
not try 10 get excused. they do In so many a. =.
| no one would have 10 serve on q jury oftener 'A
| once In five years
THE WORK IN BROOKLYN.
Bernard ]. York. the Special Commissioner "
Brooklyn. VINO was also seen. said that the Is' v
| special jurors in that city had been completed sa
| that ne was prepared TO make a report 10 'he ~
peate Division In the latter part OF TINS nioh'h -
| thought there had been somewhat less difficulty
| securing three thousand more men as specn
! Jurors in Brooklyn than in New-fork. oe'au@
! there was better material TO deal with over tnss
| He also pointed out that there was some difef@"
| I'm the methods of examination pursued.
| There were about twenty-one thousand b sm
| furnished U.S." said Commissioner York, ana ses
| sixteen thousand men were examined The Ia" y
| ouires that not less than three thousand name,
placed on the list OF special jurors. our list a a.
ally contains three Thousand two hundred a"s s,c
names l should say that in any case where - y
cal Jury applied for IL would be possible " ~
| tW eve men from the first fifty drawn. Inc 81
number of peremptory challenges will be alowsu
in trials where jury Is obtained in the OLD w
AS for the alleged unconstitutionality OF the .As
do not believe there Is much In the point that *
| cisl jury Will not be jury OF ones peers ,,is
legislature has the right 10 make certain I lin
tons as TO the qualifications OF men VINO may So
4, jurors and In the OF ordinary juries -
has TO possess a certain amount OF property ID -
der TO be eligible SO long the limitations are ".
sonabe. they would appear TO be legitimate
proper"
4 QUEER MARRIAGE CONTRACT