Illinois vs. August Spies et al. trial transcript no. 1 Suggestion for the appointment of a special bailiff to serve a special venire for fifty talismen. Special Bailiff Ryce was appointed to serve these venires and thereby select 50 men as a pool of potential jurors.
Court discussion regarding the appointment of a special bailiff, 1886 June 29.
Volume C, 184-188, 5 p.
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Illinois vs. August Spies et al. trial transcript no. 1
Suggestion for the appointment of a special bailiff to serve a special venire for fifty talismen. Special Bailiff Ryce was appointed to serve these venires and thereby select 50 men as a pool of potential jurors.
Tuesday 10 A.M. June 29, 1886.
MR. GRINNELL--I would suggest if the court please, that we may need a special venire soon.
It was agreed that a special venire for fifty taleismen be issued.
MR. BLACK: I think, your Honor please, that under the Statute, we will ask that a special bailiff be appointed to serve these venires.
MR. GRINNELL--What for?
MR. BLACK--Because we have a right to under the Statute, a statutory right.
THE COURT. They do not have to show any reason.
MR. GRINNELL--Are you going to have one bailiff?
MR. BLACK--I mean to ask the court to appoint a special bailiff, whose duty it shall be to see to the matter of the service of these venires.
THE COURT--have I any authority to select any one?
MR. BLACK--That is a matter for your Honor's discretion.
MR. GRINNELL--Now, there ought to be enough special bailiffs appointed to do the service.
MR. BLACK--If my brother Grinnell wants me to state the reasons I am perfectly willing to do it. When a bailiff attempts to depute to wholesale dealers in the lower part of the city, the duty of collection jurors to come on here and answer, I think it is high time that something was done.
The Court here turned to the Statute in reference to appointing special bailiffs and read the same.
MR. BLACK. And I should like to have that bailiff instructed a little in reference to his duties, your Honor. It has transpired in the progress of your examination of these taliesmen thus far that in no infrequent instances bailiffs have gone into the wholesale establishments clear down in the lower part of the city and asked the parties in charge, the managers, for some person for this jury. That is not contemplated by the statute. It is deputing the selection to outside parties who are not under any oath or obligation of office. The State has cast the responsibility of the selection upon the bailiff. I think that alone would furnish a good ground for challenge, in such a case, although we have not hitherto advanced it. I should like to have this bailiff instructed that his duty is to summon the jurors from the body of the county and not go into the wholesale district, go into the wholesale houses and ask the names.
THE COURT--Well, now have either of you any suggestion to make as to who the bailiff should be. I do not know who to select.
MR. BLACK--Well, I do not either, your Honor. I haven't any suggestion to make as to that. I simply ask that when he is selected he shall be instructed as I have suggested.
MR. GRINNELL--The meaning of that is that you cannot take anybody now from the sheriff's office.
MR. BLACK--That is what that means, as I understand, Mr. Grinnell. If the court please, if there is no objection, I would suggest that we would be entirely willing to have appointed as special bailiff to have charge of this matter either Mr. Santa or Mr. Beard. That would necessitate deputing somebody to take their places
in connection with the jury; but they have been here now and have got familiar with the requirements of the statute. Either of them, has I am sure the entire confidence of all parties in interest.
MR. GRINNELL-That is perfectly and absolutely satisfactory.
THE COURT--Well, put another man in the place of Mr. Santa.
MR. SANTA--Judge, I am afraid that I could not perform that duty-summon fifty jurors every day.
MR. BLACK--Well, we are entirely willing that Mr. Santa should summon to his assistance such persons as he wants to.
MR. GRINNELL--I understand that Mr. Ryce, a deputy clerk, of Mr. Stevens has acted formerly in that way.
MR. BLACK--I am entirely willing that Mr. Ryce should act; I know him.
Mr. Ryce was here sent for and come into court.?
THE COURT--Mr. Ryce, there is a necessity of appointing a special bailiff to serve two venires, one of fifty returnable tomorrow morning and another fifty returnable upon Thursday morning. Parties have both agreed upon you to act as that bailiff, with the understanding that Mr. Ryce may select, as I understand it?
MR. BLACK--Yes sir.
THE COURT--Assistants, but the assistants not to be selected from the sheriff's employes. That is the only restraint.
MR. RYCE--I can serve them all myself.
THE COURT--Well, if you do not need any assistants, so much the better.
MR. RYCE--Your Honor, do you want me to select them from all the walks in life, and avocations?
THE COURT--You must exercise I suppose, your own judgement in getting the best class of men. That is all I know about it.
MR. BLACK. Only that the statute says that they must be selected from the body of the county. That means the city.
THE COURT)--Well, anywhere in the county that you please.
MR. GRINNELL--Anywhere in the county that you please.
MR. BLACK.--I would like to have the suggestion made to Mr. Ryce that it is not a proper thing anyway to go into a wholesale establishment and ask the employer for men fitted for the position. It almost invariably has the effect that the employers will designate men and talk with the men they designate. In every instance this far where an employer has designated a party it has been evident that the employer has talked with the employee as to his duty.
THE COURT)-I do not understand the facts so; but however, it is not worth while to make any question about it.
MR. GRINNELL- I do not think he needs any such instruction.
THE COURT- All I can say to Mr. Ryce is that he is appointed special bailiff to summon from the County of Cook fifty men for tomorrow morning and fifty men for Thursday morning, qualified and fit to serve as a juror, and I cannot go with him to see how he does it; but he must exercise he own judgement to get the best kind of men he can.
MR. BLACK- I will leave it there, your Honor.
THE COURT--Well, you can proceed now, gentlemen, with the examination of these jurors--Mr. Hitchcock.
MR. ZEISLER- I have one or two questions to Mr. Chandler.