Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-04-25
LEVY COURT IN A MIDDLE
still Bothered About Properly Filling
the Jury Boxes With Names.
SPECIAL MEETING SATURDAY
But Question Raised as to Its
Legality.
LAW REQUIRES A NOTICE OF TEN DAYS

4 Jaw, what's little matter like the
constitution between friendsY" OK.
claimed the Hon. Tim Canpbel on one
occasion in Congress when some pro-
posed legislation was questioned
The Levy Court met in special session
Saturday to adjust the grand and
petit Jury lists. There were ll5 names
on the grand and los names on the
petit lists when, according to the law,
there should be 100 and 300, respect
lively.
A II the members were present and
President John Lynn presided.
Soon after the meeting opened Com
missioner Isaac s. Elliott asked il the
meeting had bevn called legally, as he
had received his call signed by the at
torney OF the court, Horace G.Knowles.
Commissioner Merritt n. Willitts
joined with Mr.. Elliott in the question,
saying the court had q clerk who was
expected TO send out such notices.
MIR. Willitts then took occasion to
quote the law on the subje as follows.
A special meeting of tine Levy Court
may be called in vacation by any five
commissioners. The clerk OF peace,
upon being directed by them IN writing
50 to do, shall Immediately give 10
days written notice to all of the COM
missioners, Of the special meeting, and
OF the day upon which it is to tie held. ;"
The nj, citing was called not by the
CLERK, but by Mr.. Knowles, and in
stead of 10 days notice, only about
one days notice had been given. 1t
appeared that Mr. L. mn mad asked Mr..
knowles TO cali the meeting, ard Mr..
Lynn. wanted to know il Mr. Willitts
inferred that he had called the meeting
improperly.
Mr.. Willitts said he inferred nothing,
but rested on the law.
MIR. Lynn said it had been the custom
OF the chairman to call tine meeting.
Mr.. Willitts remarked that as the
court had already made two bupgles in
drawing the jury. he wanted to know
the legal status OF the meeting.
Attorney Knowles admitted that the
requirement Of the law as 10 special
meetings had not been complied with,
and showed that if 10 days notice had
10 be given, the Jury could not be
drawn at all, for the petit jury has TO
be drawn at least 20 days before the
sitting Of the courts.
The attorney said that the only thing
Important now was for the Levy Court
to be satisfied to consider this meeting
ne il it took pace In March, that being
the month In which the jury lists must
uader the law, be completed. He held
That in March, the court had made up
she lists, as required, but as the lists
we're wrong it was proper for the court
to correct them as Of the earlier date.
Mr.. Willitts said it was not his desire
to cast any question UPON the jurie5.
Then The Levy Court proceeded 10
adjust the lists. Ii ia understood that
, the reductions we're made only in the
2 First and Fifth districts.
While President Lynn was handling
the jury boxes, Mr.. Elliott said:
Cant MIR. Wilitts and | participate
in the filling Of these boxes?"
:" left all the names on that you
gave me, declared Mr.. Lynn.
Mr.. Megginson suggested that there
would be no objection to Mr.. EllIott's
looking over the lists.
Mr.. Lynn said there was no objection,
ard Mr.. Elliott looked over the lists.
Then Mr. Armstrong invited Mr.. Willit;s
to survey the lists for the lower district.
"Once more. exclaimed President
Lynn as he locked up the Jury boxes
when the work had been completed.
Then Mr.. Armstrong made this motion I:
| move that the Eoxes be returned
as dated March Both.
MIR Megginson explained that that W as
this date of the last meeting in March
and Mr.. Lynn said the slips were so
dated.
This motion was carried, Mr.. Willitts
and Mr.. Elliott not voting.
Bills of the Wilmington Coal Gas
Co., for sl09. GO were passed.
A bill OF Court Crier Thomas b.
Smith, containing many items, and ag :
gregating S262.79, was laid over until
the next meeting
The court adjourned until May 7th.