The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-28
BUTTIMER FILED HIS CHARGES
CITY COURT OFFICERS TO MAKE
THEIR REPLY TODAY.

Served on Juries in the City Court
During the Last Two Years Whose
Names Are Not in the Jury Box
and That Others Have Served Of
tencr Than They ShOuId-Deputy
Clerk CoIding's Statement show
ing That the Charges Are Ground
less.
Mr. NJ A Buttimer filed his charges of
Jurors serving illegally in the City Court
with Judge Norwood yesterday. The writ
ten charges were filed without any discus
sion or argument.
Judge Norwood declined to give out the
charges for publication. preferring to hold
them until Deputy Clerk Colding of the
City Court and other officials Of the court
interested can make their replies, when
the whole matter will be made public.
Judge Norwood stated the substance of
the charges to a Morning News reporter,
however. They are simply what Mr.. But
timer has already stated publicly, that
during the last two years eighteen or
nineteen men. whose names are given.
and which are not upon the county jury
list, have served as jurors in the City
Court. most of them serving several days,
one having served two terms and another
four terms.
II is also charged that certain parties,
whose names are given, fourteen in ALL
who are upon the county jury list. have
managed to get on the jury of the City
Court very frequently during the last two
years, some of them serving as many as
three times in one year. The names of
the fourteen Jurors, the number OF terms
and the number of days served al each
term are given.
Mr.. Buttimer remarks that some Of the
Jurors were remarkably lucky in being
drawn each year to serve from fifteen TO
thirty-eight days each.
The charges were turned over to Deputy
Clerk Colding to prepare reply.
The charges are simply nonsensical,' y
said Mr.. Coiding when seen by a Morning
News reporter. 1t has been the custom
of the court under former judges as well as
under the present judge for years past
whenever a panel was exhausted to take
such jurors as could be conveniently secur-
ed
The legality of this action was tested
before the Supreme Court in case from
the City Court of Savannah, when one of
the grounds Of appeal presented by coun-
sci was that there were several jurymen
on the case whose names were not on the
jury list, which was fact, and counsel
was not aware of it at the time. The court
held that the judge had a right to select
Jurors in this manner and that any OBJ
lection which counsel might have to jurors
I.or,
and not after.
''The only remarkable thing about Mr.
Buttimer's discoveries" continued Mr..
Colding, lis that in a period extending over
two years only seventeen or eighteen ju-
rors whose names are not in the jury box
should have served in the City Court. Had
there been a much larger number there
would have been no cause for surprise, on
account of the custom which l have just
the names of two of the
men mentioned by Mr.. Buttimer
are in the jury box, and I have only jus,
started looking into the matter. When the
Jury panel drawn for a case has been
exhausted the judge can take the jury
box and draw from 1t at random names
to supply the deficiency. The work of
looking up the men so drawn is then dele
gated TO the officers of the court, who
must search the city for hem. Oftentimes
they cannot be found and the work of the
court is delayed in consequence There
are names of men in the jury box who
are under age, some who are not citizens
and some who are dead. In order 10 ex>
pedite the business of the court persons
whose names are not on the jury list are
sometimes substituted. No counsel has
ever objected to any juror put upon him
in this manner in the period covered by
my term of service"
Il would not have brought this matter
to the attention of Judge Norwood" said
Mr. Colding, had not Mr. Buttimer
spread the report that Mr.. Mercer
had challenged the array of jurors in the
Wyness case because so many OF the
panel We're not on the jury list. and that
in the Granville Beville case five of the
Jurors who actually served were not on
the list, thus practically intmating that
juTies had been fixed for purpose Both
of these charges Mr.. Buttimer was after
wards compelled TO admit 10 be untrue -
Mr.. Colding said further that he. as an
officer of the court. had nothing to do
with the drawing of the jurors. The
names are drawn by the judge and a list
taken by the sheriff for the purpose of
summoning the Jurors.