The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1901-05-14
GRAND JURY
PANEL QUASHED

The court this morning quashed
the grand jury panel drawn for this
term on the ground that the action
Of the Levy Court was not legal.
When court convened this mora.
ing, Attorney General Ward and
Mr.. Knowles, attorney for the Levy
Court were sent for and upon their
arrival Chief Justice Lore asked
Mr.. Knowles il he admitted cor.
tain allegations made by the Attor-
ney General. He then read part OF
the petition presented by the After.
new General, in which it was cited
that Mr.. Chandler did not attend
the special meeting on April 20 aud
that Messrs. Willis and Elliott
protested against tine tampering :
with the boxes. Owing 10 M.
Chandler being absent, the Will
mIngton hundred box was not OPEN
cd. The action Of the court on
April 20. was ratified without a
dissenting voice on May ! at a reg
ular meeting.
The Court-Then IT was not at.
tempted TO ratify that act until af-
Ter the boxes had been delivered to
the Prothonotary and the Jury
drawn.
Mr. knowes-That's so.
The Court-Then it is hardly
worth while to proceed any fur.
Their.
Mr.. Knowles The Levy Court
presumed that it was acting under
semi-iudiclal instructions and did
not purpcsely act in this case.
Judge Cru bb-It is the Clerk Of
the Peace and not you who Is to
summon the members for special
meeting.
MIR. Knowles Following a long
standing custom names were placed
in the boxes.
Then the attention OF the court
was called tothc law requiring 100
names. Ia refillns the boxes more
than 100 names were placed in the
boxes.
In order 10 get meeting it was
necessary to hurry and therefore
by the direction Of the President of
the Levy Court, the attorney sept
out the call. 1t was impos sible to
give the ten days notice. The
court SAID that the only OBJ jection
made was in reference to the mode
employed In drawing the grand
jury. The law provides that any
live commissioners may call a SPACE,
al meeting but TIE Clerk OF the
Peace shall give ten days NOTICE
according to chapter BIS, vol. IT,,
II the Laws of Delaware. That
notice was not given and the Levy
Court did not meet legally and IT'S
action was not legal aud therefore
he court orders this panel OF tho
grand Jury to be quashed.
Attorney General Ward then pre-
'ented bis petition Tor the suash;ng
II the petit jury, lie set forth thu
acts relating to the making up Vt
he boxes and showed that the
lame o! Charles Walton OF Penca-
Ter hundred was given in the certi-
led !lst but was not to he found in
he box. Also that the name Of
v. IT. Vale of Red Lion hundred,
Ippeared twice ia the box, which
My left 300 names and therefore
he required number was not ia
he box when the jury was struck.
Theac boxes were tempered with
t an illegal meeting oil the Levy
curt when eight lanes were taken
ut. They we're four from Bran
ywinc, two from st. Georges and
wo from Christiaua hundreds.
The Attorney General asked
hat this illegally drawn jury be
ismlssed from further attendance
nd after deliberation his appeal
'as granted.
The judges then retired 10 make
p a new jury list which will be
aneled this afternoon.
The jurymen retired to the Office
the Clerk o! The Peace and re-
-ivcd their checks for two DAYS
tendance