Evening journal., 1901-05-14
BOTH PANELS
ARE QUASHEO
General Sessions Court Now
Selecting Jurors
WILL RETURN LISTS TO-DAY
Old Jurors Formally Discharged From
Further Attendance at This
Term Of Court
WILL RETURN LISTS TO-DAY

Attorney-General Ward presented TO
General Sessions Court yesterday after
noon his formal order for the quashing OF
the grand jury panel. In the petition ne
showed that the Levy Court Commission
ers, after preparing the lists in March, the
month appointed by law for that pur-
pose, received the jury boxes back again
in April because not enough names had
been inserted, 100 being required, and
only eighty-one being placed in them. On
their second effort they got fifteen names
too many, and the boxes were sent back
again and the Levy Court attempted TO
hold a meeting. which, according TO Mr..
Ward. was invalid, and at which the lists
were finally made up.
The attorney-general averred that one
member. Mr.. Chandler, did not attend
this meeting, holding It to be Illegal and
two others. Messrs. Willis and Elliott,
although attending. protested. The re-
naming four commissioners-Lynn Arm
strong. Mealey and Megginson-according
to Mr.. Ward, ordered the certihcation Of
the lists stamped as of March 80. or the
100 names on the lists, one name was OF
Patrick Neary. who was disqualified from
service this time because he served on rhe
grand jury last year.
Horace C. Knowles. attorney for the
Levy Court said he thought it only right
that the Levy Cour, should be permitted
to make some defense TO the charges OF
irregularity which have been made
against the body and asked for time to
present a defense.
This morning Mr.. Knowles appeared in
court.
Mr.. KNOWLES DEFENDS COURT.
The answer represented
That, in filling the jury boxes the
Levy Court followed a long standing
custom, and placed in the boxes about
the same number Of names placed
therein by the former Levy Court
That Immediately upon the attention
of the Levy Court being called to the
statutory requirement as to the num-
ber Ct names to be placed in the jury
boxes, and, acting as they understood
under semi-judicial suggestion. 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 lOU
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, and that the surplus number
should be taken from the boxes, the
Levy Court took immediate steps tC
comply with the opinions and instruc
tiOns Of the said members of you,
honorable court.
At that time, it being only five dayI
before the law required the juries TO be-
drawn, it was impossible fer the Levy
Court to comply with the statute re
quiring ten days notice before holdins
a special meeting. In view of th'
emergency the president of the Lew
Court directed it's attorney to immedi
ately send notice to all of the members
which was done. All of the members
EXCEPT Mr.. Chandler, assem- bled at th'
Court House for the purpose Of correct
ing she jury list and the names in th'
boxes. Owing to rhe fact that it wal
stated that Mr. Chandler had receive,
his notice and declined to attend, AM
as his absence might have been intend
ed to vitiate any action taken at tha
meeting, it was decided to not open, @
in any way change the names or lis
of the Jurors in the Wilmington hun
dred box
That after the corrections wer
made a resolution was offered, an
adopted without dissenting vote, re
turning the said boxes to the prOthono
tary as of the date of March 30.
That at a subsequent and regula
meeting Of the Levy Court, at which al
of the members were present, the pro
ceedings of the court of May 20 wer
read and approved without any objeC
tion or dissent on the part Of eithe
Mr. Chandler or any other member.
That the Levy Court, while admittin
that their action might have been ope
to objection, and not entirely, accord
ing TO exact provisions of law, yet IrC
testing that they acted in perfect goo
faith and in accordance with previou
custom and-under advice-submit [
the court a further and, as they thinl
stronger ground for granting the ml
tion of the encouragement and quasi
ing the panel Of the grand jury, nam,
", the mode in which the same wa
drawn.
To this answer, Mr.. Ward made n
reply. depending upon his applicatno
of yesterday to bring an answer frOl
the court. 1t was made by Chief Jul
tice Lore, and was an o"der ,hat d
grand Jury panel be quashed.
PETIT PANEL ALSO QUAsHED.
Following the courts order in the gran
jury question. Attorney-General war
presented similar motion to that of yel
terday for the quashing of the petit jul
panel The petition cited that when q
March 30 the Levy Court returned n
petit jury boxes to Prothonotary Speal
man they contained 296 names instead {
800 as is provided by law. After beiu