The sun. (Wilmington, Del.) 1897-19??, 1901-05-14
WARD SCORES
LEVY COURT
Declares Jury Panel Illegal ard
Wants it Quashed.
SETS FORTH HIS REASONS
Says Messers. Lynn, Mealey, Arm
strong and Megginson Acted
Arbitrarily-Mr. Knowles
Will Reply Today.
SETS FORTH HIS REASONS

Although the May term Of the Cen
cral Sessions Court was opened yester-
day morning, the grand and petit jurors
were not allowed to begin work. After
he rolls of the grand and petit jurors
had been called Attmney-General Her
bert ii. Ward said to the court:
"'There has been brought to my notice
certain charges of irregularities in the
drawing of the present array of grand
and petit jurors. In consideration of the
interest of the public and of the State,
and Of the prisoners who may come be-
fore these juries, deem it my duty to
move to quash the array of grand and
are array of petit jurors"
Mr.. Ward said he had not written out
reasons for the motion hut if the court
would bear with him he would like TO
have them ready for presentation al the
opening Of the afternoon session. The
Jurors were discharged until 2.30 o'clock.
At the afternoon session the Civil
Court list was gone over. Chief Justice
Lore, after waiting for time, said
ihat the question of the legality of the
jury would not likely be determined at
once and discharged the grand and petit
Jurors until 10 o'clock this morning.
Later in the afternoon Mr.. Ward pre-
;ented his written reasons for the motion
20 luash the grand jury.
In his reasons he recitcd facts to show
that the grand jury had been Illegally
llawn. He stated that the Levy Court
4 ',,tn ~ M N ~
in March of this year selected from
the list of taxable citizens of this county
certain sober and judcious persons to
serve as grand jurors and on March 13
locked the boxes containing the said
names and delivered them to Prothono
tary Speakman and the keys to Clerk of
the Peace Quigley. 1t was the duty of
the Levy Court Commissioners to de-
liver to the prothonotary copies of the
lists signed by the chairman of the Levy
Court and countersigned along with the
hoxes. The copies were, however, put
in the boxes and the boxes locked and in
hat condition delivered to the prothono-
tary, who did not have the key. When
the boxes were opened hut 81 names We're
found and William ii. Morris was not
certified to.
The prothonotary refused to draw the
panel and on April returned the boxes
10 the Levy Court with the lists outside
he boxes.
April II the Levy Court Commission
ars rc-delivered the boxes with the lists
locked in them as before, and the key
was given into the custody of the clerk
If the peace. This time there were 115
aames in the boxes.
The prothonotary returned the boxes
o the Levy Court Commissioners again
IN April 90. Mr.. Ward says that there
ipon at the instance of Horace Greely
Knowles and by notices signed by Hor-
zee Greedy Knowles. a meeting of the
levy Court Commissioners was attempt
II to be called to meet upon the said
10Th day of April; that the notice upon
which the meeting was attempted to be
allied were delivered to the members of
he court not earlier than April IT, being
'hree days before the day; that said
meeting of the Goth was not called ac-
olling to statute neither as to the per-
ON calling the same nor as to the time
IT notice required. That of the seven
Iualied commissioners Phlemma Chand-
ler declined to attend upon the ground
hat the meeting was not legally called.
Merritt y. Willitts and Isaac G. Elliott.
llthough attending the meeting, openly
against the holding of the meet
ing on said day under the circumstances,
m ground that it was illegal.
Notwithstanding these facts the four
members, Messrs. Armstrong,
Mcalev, Lynn and Megginson, proceeded
to hold said pretended meeting and ar
struck off fifteen names from
the list last certified. The lists and
names were put back in the boxes and
locked.
The four members of the court ordered
the certificates to be stamped as of
late of March 80 and signed with the
name OF John Lynn. chairman of the
court and countersigned with the name
Of George .Ianvicr, deputy clerk of the
court
Mr.. Ward declares that the said date
nf certification is in fact false and
The boxes We're again returned to the
nrothonotary. Among the 100 names
in the boxes was that Of Patrick Neary,
who was under the statutes dispuali-
fled TO sit MS n grand juror having sat as
a member Of the grand jury for the year
beginning on March 1900. The list. there
fore. did not contain the names Of 100
persons.
On April Goth the parliamentary and
clerk of the peace proceeded To draw
twenty-four names ont Of said grand jury
boxes.
He concluded by moving that because
the said grand jurors We're never legally
drawn to serve MS grand jurors the panel
of grand jurors may he quashed
Horace Greeley Knowles, attorney for
the Levy Court. said that body had heen
charged with certain Irregularities and he
deemed it hut proper that whatever de-
fensc the court may have should he
offered for consideration before Chief
Justice lore passed on the application
He thought that it was hut fair that
it bc referred to the levy Court and II
he given such time the Chief Justice
might think proper to file statement.
''Ts there any question as to the facts?"
asked Chief Justice lore. and "if not"
continued the judge, ''of what avail
would it he to continue matters"
'I think there are certain statements
which might he made" replied Mr..
Knowles. He stated that the Levy
Court would meet Mt 10 o'clock this
morning and the matter could he sub
mitted to the members at that time.
There was no way yesterday to reach