New-York tribune., 1908-03-07
TN TO the Appellate Division from an order of the
Special Term of the Supreme Court granting
ton for struck jury. The Appellate Division says:

Special Term of the Supreme Court granting mo-
ton for struck jury. The Appellate Division says:
Ihis IS. as was well said by the court below.
It involve title TO the p9neps Mp6 0hy d9es
office of the city but it is quite probable that its
these reasons it is proper that it should he tried
before Jury especially selected We consider.
however now that an impartial and satisfactory jury
can be more surely and speedily obtained by a
Chapter eoa of I awH 1HFy Of s % fSg by by
Chapter ass of the laws of 1904. than by at
tempting TO procure struck jury (Jerome vs.
New York Evening Journal Publishing Company.
1893 ''''''''' @>pp D''' announced Fo'r"Sr' g
The notice of motion asked for an order for
Struck jury or for such other relief
court may seem just" 1t is unnecessary there
fore. 10 send the casesbsck to the special Term
- 9s croer appesled from viii, therefore, be
modified without costs so as to direct that the
time when the drawing shall take nlpcn a56 tbe %
term Of court and the particular dsv of the term
WI. when the special jury must attend will be fixed
be settled notice.
The Court of Appeals decision yesterday with
reference 10 the bill of particulars demanded by
counsel for the Mayor. places matters where they
were before the Appellate Division of the Supreme
Court reversed Justice Vernon NJ Davis and up-
holds Attorney General Jackson in his contention
that the bill of particulars filed by him
fCient in every respect to furnish basis for de
msnding the opening again of the ballot boxes and
the recount of the in the last mayoralty
this city.
The action is the calendar. and both Mr-
Jackson and Mr.. Shearn anxious to have
decision the whole matter possible,
The will be tried in three weeks. and
Justice Ciegerich may preside at the trial There
1854 ballot boxes in storage. which contain
votes cast in the contested election
Il vas said the office of Mr.. Shearn yesterday
that most of the boxes would probably be opened
and that trial might last a month 1t is diff
ficult to the exact amount of time that
will be consumed If all of the boxes opened
Charles A DoIson. Deputy Attorney General as
socia+sd with Clarence J. Shearn in charge of the
recount action begun by Attorney General jack
son said last night that the decision untles the
hands OF the Attorney General and that the trial
Of the action will be begun within three weeks he
said
The Appellate Division in passing the re
Quest of counsel for Mayor for a bill of par
tc,liars before could q ballot box said in
substance. that could not open any box not
named in a bill OF particulars They decided on
the ground as alleged. of well settled law Of the
state which respects the certificate of election to
a certain extent provides that there cannot De
an opening Of boxes without showing fraud or
omission TIL. Attorney General contended that the
viii Of the elector must be regarded as paramount
and the Court of Appeals seems 70 sustain tna1
view we may go behind the certificate OF
election without furnishing a bill Of particulars
7 think that the trial of the action will begin IN
the next three weeks
Al the Mayors Office the decision was resaTde1
a. corupsratfveiy unirnportant- The Mayor would
not discuss it Now that the Mayor and Charles r
Murphy ar. again on friendly terms 1t goes with
o,,- saving that the Tanarnany organization Will
7o- give aid or comfort the Attorney General III
his attempt 10 oust the Mayor. 1t is assumed
that II the Attorney General is particularly desiF
ous + obtaining important evidence from election
inspectors under control OF the TaInmany organl-
zation he viii have hard time getting II