New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-16
NO SPECIAL JURY THUS FAR
HENCE THE MOVEMENT FOR REPEAL
OF THE LAW.
WHY IT HAS NOT YET BEEN TRIED-wouLD A
Jury TAKEN FROM THE SPECIAL LIST BE

TRY TAKEN FROM THE SPECIAL LIST BE-
4 JURY OF THE CRIMINALS PEERS?
~, tho first dav Of the session bill was intro
duccd in the senate at Albany providing for the re-
naI ~ the Special Jury law. passed Two years ago
The author Of this law was Justice George 4 h"i
rett and it was sent to Albany with the apP'o'"1 "a
the Appellate Division OF the Supreme court III.
nurpose Of the law was TO secure oetter CLASS "
Jurors in important cases, and in particular 10 save
,ho time Of the trial court by shortening the time
reouired for the selection of jurors and also ta'
of the higher courts by doing away with the larse
nurber of pages of testimony taken up with the eA-
animation of talesmen, sometimes to the NUMBER Vi
hundreds before twelve jurors are chosen 10 SIT III
the box. a. 49,.
drad thousand inhabitants and upward; in other
words only 10 Ncw-York and Kings In eacn Oh
these counties a special Commissioner or jurors mas
heen appointed. with a number Of assistants ana
clerks and expensive suits Of rented oIIlces are
maintained Thus far not single jury mas oeen
drawn under the new law and 1t is doubtful no"
soon one will be applied for. In each OF the counties
q lis, OF over three thousand special jurymen mas
been made up. This work required several months.
and It was not until last year was well advanced
that the lists were fully made up.
When Judge Ocott. OF the City Court, recently
Ds;rict-Attorney, was asked yesterday why he did
not make trial OF the Special Jury law during the
last part Of his term his reply was that no case
came before him which seemed to him suitable
one for testing this statute. He said:
II was only during the last two or three months
OF my term that the special jury list was complete
ara availahle Commissioner Gray was anxious that
should make OF 1t, and should nave Deeh
glad do ~ had a OF the right sort come up;
/ would not nave thought It well TO ask for special
Jury in an important murder trial. for instance, be-
cause TO have done 30 would be 10 introduce a new
element and run the risk OF having the verdict set
aside by the Court OF Appeals. after the county had
been put a large expense on the ground that the
II is certain that the question Of constitutionallty
Will be raised as soon as case Is tried under TINS
act and verdict rendered against the defendant;
The sort of make the test with seems 70 be
one OF considerable importance, put IN when Il does
not appear necessary to punish the deiehuaht aS
speedily as possible When the question OF cohsti,
tutonaty comes before the Court Of Appeals II WI
be, in my Judgment, one or the mos interesting
questions In modern Jurisprudence. There was no
OF my term Of Office but II there were case OF the
right kind near the beginning Of my term should
certainly have made an effort to have such a jury
in order to have the merits Of the law passed upon
wcll-known lawyer. who has given much atten-
ton to criminal practice had this to say In refer
enoe to The Special Jury law
| am not aware Of the motive which lies behind
the bill for the repeal OF this law but Il Is no secret
that many lawyers OF good standing have felt
sand the scrutiny OF the courts. They have been
rather reluctant TO criicise IT, however FOR the rea
son that +; originated with the supreme Court Jus
Appellate Division sill, criticism has been al
onc has denounced the law and the aristocratic
Ps gry 5 as Da hf t6 SF@ narpcse of the law was
cool and perhaps 1t is unfair to attack It before a
single jury has been drawn under IT, The idea was
10 have I'm important criminal cases. with the con-
sent Of both sides. something ANALOGOUS to the
struck jury" which IS sometimes employed IN mo
mentous civil cases. For ihs purpose special Jury
lists have been made up In the counties or New
York and Kings. the men whose names are on them
being exempt from ordinary jury service. The law
provides. If remember rightly, that when request
for A special fury has been made nifty names shall
be- drawn from the special list, ana from these the
Ilr,, of twelve to sit In the trial shall be taken
II is notorious that in many cases In this county
in recent years time has been taken In select
ing the jury than in trying the case and when such
tho examination of the taesmen has TO be read over
by the Justices Ii Is only natural that they should
wish to reduce their labor In this line while at me
the cost OF trying cases. II has cost good deal OF
money to maintain the Special Jury Commissioners
offices In the last two years. but Is contended that
this would be saved many times over II special
lures were employed in few cases Of Importance.
There l. a grave question. however. as 20 the con-
s,I,utona,y of this law The Constitution provides
that when man is put on trial he shall he tried ny
jury Of his peers In fact, the prn nc PIE ySc edo
lion is whether in the OF a lowlived murderer,
Would be a jury Of his peers; II Is highly interest
Ing question | suppose that three four;hs Of the
men on the special list have been taken from the
peers Of The ordinary criminal? It IS plain that this
point viii have 20 be decided IN the first case in
While confess to grave doubts on the question of
const!uonaliiy | should regret TO see the law ro-
neaiei before the Court of Appeals has an oppor-
stimtonal no repeal OF It viii be necessary II 1t
Is there viii be time enough FOR repeal after the
nonse In the administration Of the law. | presume.
was in the making W Of The lists Of jnaymen After
having gone 10 al bd anS have Chance ar least OF
seeing how the law works and whether II VIII run
the gantlet of the courts. so nope the Legislat-
urc will not be in hurry about passing repeating
hill