Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-05-16

that account the protbonorary and clerk
OF the reace returned the boxes to the
Levy Court April 10th.
That thereupon, at lthe instance of
Horace Greeley Knowles, and by notices
signed by him, as attorney for the
court, meeting OF the court was at
tempted to be called on April goth;
that 1t was not called in accordance
with the law; that of the seven COM
Inissioners, one, Philemma Chandler,
declined to attend oil the ground that
thefmeeting was not legally called, aud
Merritt N. Willis and Isaac s. Elliott,
although attending, openly protested
against holding it, on the ground that
1t was illegal.
That notwithstanding the facts
aforesaid, the four remaining members,
John g. G.Armstrong, John j. Mealey, John
Lynn and Charles Megginson. pro-
ceeded to hold said pretended meeting
and arbitrarily struck OFT 10 names;
that they deposited the nance and lists
in the boxes and returned them to the
prothonotary; that they ordered the
certificate OF the grand jurors to be
stamped as OF the date of March Both
that the said date Of said oerti fcation
is In fact falss and fraudulent.
That Of the 100 names, one, that of
Patrick Neary, was of person dis
qualified to sit as grand juror because
he sat in that capacity in the year 1900;
that the list did not, therefore, contain
100 qualified persons; that the grand
jury was from the list drawn by the
prothonotHry and clerk OF the peace
Mr.. Ward thus concluded !: "Tbat for
the reasons aforesaid. and becau:e Q the
said grand iurors were never legally
drawn to serve as grand jurors as afore-
said, your petitioner now moves the
court that the said panel of grand
Jurors SO returned as summoned to this
May term OF court, and SO attending
said court for said purpose. and drawn
to act as SAID grand Jurors for the cur
rent ensuing year, may be quashed.
The affidavit OF Prothonotnry SIeak
man and Clerk Of the Peace Quigley as
to facts within their knowledge was
appended.
After the petition had been read Mr..
Knowles, as attorney for the court,
asked that the application be referred
to tho Levy Court so that it be given
an opportunity to make statement, If
it deem proper.
Chief Justice Lore asked il there
were any question as to the facts and
il there were not, he wondered what it
would avail.
Judgment for the plaintiff below for
costs was granted in the case Of The
Leader, defendant below appellant, vs..
Empire Shirt Manufacturing Co..
plaintiff below respondent. Settlement
was announced in the case OF Clarence
W. Barron vs.. John Edward Addicks.
The General Sessions Court Tuesday
morning ordered that the panel of
grand Jurors be quashed on the ground
that the special session of the Levy
Court on April Goth. at which the
lists were finally prepared was Illegal.
Horace @. knowles, representing the
Attorney General Herbert Fl. Wards
motion for -qnashing tho panel in which
there was hint that the panel was
improperly drawn Mr.. Ward also
applied fot the quashing of the petit
panel, which was done, and new
panels viii be:drawn.
Hare Is the reply to the petition CON
cerning the grand jury, as read BY Mr..
Knowles !;
The answer by the Levy Court for the
county OF New Castle to the petition of
Herbert II. Ward, attorney general of the
State Of Delaware, respectfully represents:
That In filing the jury boxes the Levy
Court, followed long-standing custom and
placed in the boxes nhout the same number
Of names placed therein by former Levy
Courts. 4t. Hth
That Immediately upon the attention of
the Levy Court being called to the statutory
requirement. as TO the number of rames to
be placed In the jury boxes, and acting as
tion, 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
IN the boxes at least 100 Names OF eligible
jurors placed or rather added to 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 only 100 names
should be IN the boxes, und that the sur
plus lumber should be taken from the
boxes, the Levy Court took Immediate bteps
to comply with the opinions and instruc-
tions OF the Haid members of your honora-
At that time, 1t heing only Eve days be-
fore the law required the juries to be
drawn, it was impossible for the Levy Court
to comply with the statute requiring 10
days notice before holding a special meet
ing. In view of the emergency the presi-
dent of the Levy Court directed its attorney
to Immediately send notices to all OF the
members. which Was done. All OF the
members except Phiemma Chandler assem-
bed at the Court House for the purpose Of
correcting the jury list and the names in
the boxes. Owing to the fact that ii was
stated that Mr.. Chandler had received his
notice and declined to attend, and as his ab.
sence might have been intended to vitiate
any action taken, at that meeting, it was
decided to not. open or in anyway change
fBGa mn aFN r.t NRa. r.