The Sentinel=record., 1914-01-31
1lonS Tor new trials, and preiminary matters to come up.
The Jury Commissioners.

O''l"94oll over the question of au thorlty on the circuit bench is the
 IePort or the jury commissioners
 yesterday was the first time the conn. mlssioners had reported to Judpe 'raham though they had been in session both Thursday and Friday
 while he was presiding over circuit court When they brought in their report yesterday Judge Graham stat. ed that he was in doubt about accent. Ing 1t, and, in fact, refused to accent the report at least until the situation already taken up by the attorneys concerning other questions had been solved.
 "I did not accept the jury commls. sloners report yesterday nor will | accept it today" said Judge Graham yesterday, for the reason that I have looked up carefully the law on the subject and it appears to me that the work of the whole of the next term will be clouded with contentious relative to the jury being properly drawn"
 The law regards a commission to draw a jury or juries for the court in similar manner 10 the way it re. gards a jury in murder case. The law piainiy requires that the com missioners shall be called and given ! a private room for their delibera- l tions, as jury in criminal case is given, and that they shall have no communication with the outside. The statute provides that they may sep arate only when they have the per mission of the judge of the court to separate
 Under the former procedure here, as in other parts of the state the jury commissioners report in the ! morning to the court, and are told to proceed with their work At the noon hour they report again and are excused by the court, as the law pro yides they shall be excused before separating. They usually report back in open circuit court again in the afternoon, and are ordered to retire and deliberate further, and then be- fore they separate again for the night they come into open court and are excused by the court"
 Judge Graham quoted the statute on the subject, section 4505, of which says "They (the jury commission ers) shall be kept free from the in- truson of any person and they shah not separate without leave of the court, until they shall have complet- ed the duties required of them
 'It appears to me" added Judge Graham, that the jury commission CTS in ignoring the court in open session have inyalidated their work. At least they have furnished me dium of much contention, the shadow of which will probably appear in the circuit court for years. There is a procedeure outlined by the statutes to be followed, and when that is ig- nored l would be fearful of results v
 The jury commissioners are Ed Wyatt, Bert Foote and R. B. Sigman. It is most improbable that they un- derstood the technical procedure ex- acted of them by the statutes. Also there is no doubt but what they would have followed the instructions closely if they had understood their duty in the matter.
 Just how the technical gap open ed in this manner might be closed s also regarded by Judge Graham as doubtful. He stated last night that he had no desire to interpose in the matter. Yesterday afternoon when Judge Gotham suggested that he him self would take the bench this morn ing and announce a decision in the civil action pending, and also accept the iury commissioners report. and that then he would retire and Judst Graham would pass on motions Tor new trials in the cases of Ben Woor man. Millie Tolliver and others, the procedure was acqiuesced in by Judge Graham readily. There is no conflict between the two or misunderstanding between the two It is all merely question of settling a confused sit nation in the best manner posslD'e' and it was for this purpose that mem bers of the bar were yesterday sum moned into court to discuss the sit uation informally.
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