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

i
Although the General Sessions Court
Tuesday quashed the panels Of grand
and petit jurors on the ground Of
irregularity upon the part Of the Levy
Court, members oil the latter body
| claim that there WAS a gross irregu-
larity IN the mode of drawing the two
panels by the county officers whose
duty 1t was to draw them. After q
conference OF Levy Court Commissioners
John Lynn, John j. Mealey and John
| q. Armstrong with attorneys Tuesday
afternoon, Mr.. Mealey gave the follow
ing statement:
| We placed the names In the jury boxes
in accordance with the custom existing for
many years, and SO sure were we that that
| custom was based upon the requirements of
the law that we did not consider It even
necessary to consult the attorney Of the
| Levy Court 10 regard 10 selecting the names
| for the jury boxes We acted at all times in
good faith, and did what we thought was
rlghtand when the error was discovered,
1 we corrected IL In accordance with the sug-
nestion OF our attorney and what we under.
stood to be also thesnRgestion OF the judges.
| We, appreciate the fact that through mis-
UNDERSTANDING, growing out Of the custom
referred to-, the names, selected we're not as
| TO the time OF doing IL according to the
| law. We did not object to the entire panel
being quashed. We did make objection,
however, to the panel on the ground that it
was not legally md properly drawn.
hearing such report the Levy Court,
through Its representative, requested that
| the members OF the Levy Court, or its rep
| resentative, oe notified when IL was intended
| TO draw the jury. BIZ one OF the officers
authorized by law to draw the jury, u
promise with his word of honor was given
that such notification would be sent In
ample time for someone representing the
public aud the Levy Court to be present,
Notwithstanding such promise and
definite understanding, Clerk Of the Peace
QufRley, so we are informed. insisted that
the promised notice should not be given,
and he proceeded to draw the Jury at time
when part Of the time ut loist 10 one but
Clerk OF the Peace Quigley and his associate
offcer we're present. We also sundersrauot
that the ballots containing the names of the
jurors were tnken out Of the boxes and
picked over previous to the jury being drawn,
an act unprecedented In this State and IN
| open violation of the law.
! Five members of the grand jury were
hllotte to Lovy Court Commissioner Lynn's
district, which is composed of three hun
dreds, Chrlstiana, Mill Creek and Brandy
wine To the two smaller hundreds two
grand jurors were allotted, and to the largest
hundred in the district. Christiana, being
the hundred in which Commissioner Lynn
lives, only one Juror was drawn. Five
jurors were allotted to Commissioner Meg
ginson's district, which Is composed of four
hundreds. To the three smaller hundreds,
White Clay Greek, Pencader ana Red Lion,
two grand Jurors euch were drawn, and only
one from New Castle hundred, the largest
10 the district and in which MIR. Megginson
lives. In the Wilmington hundred box
there were "a names, ~ placed there by
Commissioner Chandler, and IL by me-, and
the drawing was done In such way that
from 4
hundred were all taken from Commissioner
Cbandler's list and not one from the 10
names selected by me.
In Brandywine hundred there we're eight
names in the box, six placed there by Com
missioner Lynn, and two by Commissioner
Elliott, The result of drawing from the
box was that the two namesIMr. Elliott were
drawn out, and not one OF the six placed In
the box by Mr. Lynn.
Under the circumstances we felt, as
matter OF Justice to the county, and as a re.
spect for the law, that that panel of grand
Jurors, as drawn by the clerk OF peace and
his associate officer should be quashed, and
had the attorney-general not made such
motion, the Levy Court intended and was
ready to do so.
Parliamentary Frank L. Speakamun
made statement yesterday answering
allegations concerning the drawing Of
the jurles by him and clerk OF the
Peace Winfield S. Quigley.
Prior to the drawing of the juries by the
clerk of the peace and myself, Mr.. Knowles
called IN me and asked me to notify him
when we were going 70 draw the juries. !
requested him to ses Mr.. Quigley and told
him any time the clerk OF the peace should
fix would suit me. This he refused to do.
he said he did not care 10 have anything to
do with MIR. QuiRley. gave him TO under
STAND that l would give him notice.
Alter that on the same day MIR. Quigley
and were advised by Chief Justice Lore
That we ought not to set the precedent Of
going around and notifying any one when
we we're going to draw juries-that anybody
mad the right to be present II he wanted TO.
We acted on the advice of the Chief Justice,
and drew. the iuries publicly in the pro-
thonotary's Office without any attempt at
cuDcealment. 1t was done in the presence
OF Samuel 8. Adams, Jr., and Charles War
ner Smith, who were present during the en-.
tire time of the drawing OF the grand jury,
and Mr.. Baynard, who is law student In |
Mr. Conrad's office, who was there part of
the time. NJ
drew the juries, both petit and graidJ
out Sof the boxes, Mr.. Quigley not drawing |
any names but simply writing the lists,
During the time we were drawing the grand |
jury | received telephone message from |
Mr.. Knowles inquiring when we had decided |
TO draw the juries. l told him we were |
drawing the grand jury at that tins. Shortly |
afterwards Mr.. Knowles, followed by Messrss |
Lynn and Meggiuson, came into the pro- |
thonotary's Office. We proceeded to complete |
the drawing of the petit jury while they we're |
there. They said nothing; made no pro-
test and MIR. Knowles sat reading news
paper. After the juries had been drawn and
the lists made up, MIR. Knowles, Mr.. Lynn
and Mr.. MeReinson left the office. Very
soon afterwards received telephone mes.
sage from Nj. Knowles requesting me to
come to his office, which | declined to do,
telling him that If he wanted to see me he
could come to my Office and would wait for
him.. He came. He said 1t was very sttanae
that should promise to notify him and not
do SO. then told him that after he had
made that request to he present had seen
tne Chief Justice and had been advised ~
him as above. As to the statement that the
ballots containing the names of the jurors
were taken out. ot the boxes aud picked over
previous to the iuries being drawn, an act
unprecedented In this State, have to say
That the cierd of the peace and myself we're
directed by the Chief Justice to take the
ballots out Of the boxes that the names
could be compared with the list OF jurors
prepared by the Levy Court to see If they
eorresponded sand agreed. This was done
and in the hundreds OF st. Georges, Apo
luinimink and Blackbird we founu that the
which believed had been selected by Com
missioner Willis were concealed In en-
relopes in the bottom OF the boxes and that
the remaining ballots were on top OF said
envelopes. This was done in the presence
Of MIR. Knuwles, MIR. Lynn and MIR. Meg
ginson, and Immediately afterwards. in
their presence, the ballots we're put back in
their proper boxes and shaken up thoroughly,
and the nanies drawn out by the at random
without looking into tho boxes.
The apportionment of jurors both grand
and petit, In all the hundreds was made 10
the proportion in which the names were
placed In the respective boxes,as Is required