Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-04-18
Was There an Understanding
With Legislature When the
Court Was Enlarged?
PRESIDENT LYNN SAYS THERE WAS
Question Came Up Tuesday
Morning, When the Matter
of Putting More Names
in the Grand Jury Box
Was Discussed.

When the Legislature passed the
Seven Commissioners act, which in
creased the New Castle County Levy
Court from five to seven members, was
there any understanding between the
Legislature and the old Levy Courtmen
as to the patronage foi the present
year? That is the question which
President John Lynn of the court
answered substantially in the affirma
tive atTuesday morning. g session of that
body. The matter came UP III this
way: The Levy Court in March placed
names in the grand and petit jury boxes
from which juries are to be drawn, be
ginning with those for tile May term.
1t was ascertained that not enough
names had been placed in the grand
jury boxes there should have besn 100,
there were only 80. Tuesday, under
the direction of Chief Justice Charles
B. Lore the boxes were returned to the
Levy Court to have the number of
ballots brought up to 100. Then it was
that Merritt N. Willitts, one Of the new
commissioners, inquired in behalf of
himself and Isaac S. Elliott, the other
new commissioner. whether they were
to participate in the addition of names
to the grand Jury list. President Lynn
remarked that the former list had been
made up without their help. Mr..
| Willitts replied that they we're, however,
msmLers of the Court at the time.
| Then Mr.. Lynn vent on to say that
| when the act was passed creating the
additional commissioners, it was the
understanding that the new members
should have no part in the distrihu.
tion of patronage for the present year
'.ls that the law?" inquired Mr..
Willitts.
Commissioner Megginson confirmed
Mr.. Lynn's statement as to the eX-
istence of an understanding as to the
patronage.
| Mr.. Lynn also ruled that, anyway,
Mr.. Willitts could not add any names
to the grand jury BECAUSE the list foi
the lower pars of the county was full
and that some of the names would
nave to be from Brandywine hundred.
1t is understood that Mr.. Elliott ma,
be allowed to put some names in.
Commissioner Chandler took oc
casion to declare that Mr.. MeggInsor
was the man who wanted to get all th'
patronage possible for the lower par
: of the county aud yet stood agains
him tMr. Chandler) when the latte
tried to get his share in Wilmington
hundred.
Had he availed himself of it, there j
a possibility that the validity of th
Jury panel might be questioned. A
any rate, Mr.. Willitts will Probabl
, avoid such danger by refusing t
place any names to the petit list.
PETIT JURY LIST ALSO SHORT.
:; In looking into the law conoernin
the making OF the jury lists, Attorne
Horace q. Knowles, made the dis
: coysry that not only were the gran
: jury boxes short but that the peti
Jury boxes we're also short.
Upon learning OF this the court az
i plied to Prothonotary Speakman.for tn
petit Jury boxes, which had been place
y in his custody. He laid the matte
!, before Chief Justice Lore, who tol
him to deliver the boxes in order
have the list completed. He delivere
! them to the clerk OF the peaces otfic
i and the Levy Court received the
Tuesday afternoon.
!, Attorney Knowles in speaking
the short jury lists said to The Gazet
" reporter; ~
Jury boxes the same number tl
J. former courts nut in, or more tina
former courts did, but even then dl
not have the full 100 names require
A. by law. The full number has not het
ts in the boxes for many years.
al "Whie | was looking into the lay
/ found that the petit jury boxes hi
w to have 800 names, and 1 asked II
I'd Levy Courtmen how many they b;
III pub in. They added up their lists al
: it made total of 2S1 | told the
they would have to add 10 names NOR
n as otherwise the jury list might
n- questioned.
Mr.. Knowles added that form
o. courts had also less than the requir
K, 300 names on the petit list and th
some of the old grand jury lists show
o. only two names in a box.