The sun. (Wilmington, Del.) 1897-19??, 1901-05-15

and acting as they understood under
semi judicial suggestion, the Levy Court
promptly proceeded to merely correct the
deficiency.
That when the additional names were
placed in the jury boxes the Levy Court
solely for the purpose of being sure to
have iii the boxes at least 100 names of
eligible jurors placed or rather added
10 the number already in the box a
greater number than was necessary to
make just 100 names.
That Immediately upon the Levy
Courts attention being called to the fact
that an opinion had been rendered by
members of your honorable court that
anly 100 names should be in the boxes,
and that the surplus number should be
taken from the boxes, the Levy Court
took immediate steps to comply with the
opinions and instructions of the said
members of your honorable court.
At that time, it being only five days
before the law required the juries to be
lrawn. it was impossible for the Levy
Court to comply with the statue requiring
10 days notice before holding a special
| meeting. In view of the emergency the
president Of the Levy Court directed its
attorney to Immediately send notices to
| Ill of the members, which was done.
All of the members except Philemma
| Chandler assembled at the Court House
| for the purpose Of correcting the jury
| list and the names in the boxes. Owing
| d the fact that it was stated that MIR.
Chandler had received his notice and de
| lined to attend and as his absence might
ave been intended to yitiate any action
| AIKEN ut that meeting, it was decided
not to open or in any way change the
| lmes or list of the jurors in the Will
| nington hundred box.
| That, after the corrections We're made,
| , resolution was offered and adopted
| without Il dissenting vote, returning the
| aid boxes to the prothonotary as of the
late Of March 3Oth.
That at Il subsequent and regular
| nrctng Of the Levy Court at which all
| # the members were present, the pro
redingS Of the court Of May Goth were
cad ana approved without and objection
II dissent on the part of either Mr..
handler or any other member.
i That the Levy Court, while admitting
hat their action might have been to
/
,xact provisions of law, vet protesting
hat they acted in perfect good faith and
Il accordance with previous custom and,
,nle,. advice submit to the court a
rrthcr and as they think stronger ground
'or granting the motion of the attorney
General and Gunshing the panel of the
rand jury, namely. the mode IN which
he same was drawn.
l ,t, I..1 fn,, tl,.,r nlI
NJ Of the petit panel which was done.
Chief Justice Lore asked Mr.. Knowles
Il it was admitted that the special meet.
ny was called in the manner alleged and
Mr.. Knowles admitted that il was called
il President Eynn's request by him on
ess than the required 10 DAYS notice,
VI cent ont by the Clerk oil tne feace on
The request Of five commissioners. Mr..
Knowles stated that the Levy Court
eli that they were acting under semi
judicial instruction. The Levy Court did
1ot insist that the panel remain intact
lint desired to exonerate themselves
from any intent at bad faith. Chief
Justice Lore said the court did not mean
10 reflect on the intent Of the Levy
Court.
. In his petition to have the petit jury
|
hould have had 800 names on the petit
} iury lists hut only put 296 on in March
J lie boxes were returned TO the Ley!
T Court ana when again left with th'
arothonotary had 30S names. Again the.
J we're returned to the court and at the al
eyed special session of April goth tn
y lists were again fxeR Three name
,ppeare,l on the list but the name 0
9 charles r. Walton. although certified t
i was not in the box. The name of Wi
:. liam Il. Vail was certified to twice. $
y there were really only 29s names in tn
y box.
The lists Of Rrandywine. Christian
& lnd Mill Creek hundreds We're certitie
q is or April 18th: those of the othe
J. hundreds were certified as of some dat
y n March Although names had bee
i truck from the Brandywine. Christian
lnd Mill Creek lists. there had been u
= ccrrtlication thereof.
> The men who had heen summoned Z
= iurors We're discharged and paid for IL
time they attended.
y Deputy Attorney General Richara
= went over vnrous cases yesterday NJ
: ,xamincd witnesses.
!" Levy Court Commissioners Mealt
y .amc ont in long interview yesterdf
attempting to explain the levy Court
~ onsitinn and criticised other county of
4, nalS.