Brooklyn Daily Eagle Almanac

JURY SERVICE.

(Especially prepared for the Eagle Almanac by | faithful service therein. But in order to entitle a E. J. Dooley, former Special Commissioner Jurors for Kings County.)

Trial Jurors.

person to exemption under this subdivision, his service must have been performed before April 23, 1862, either as a general of staff officer, or as an officer. non-commissioned officer, musician or private, in a uniformed battalion, company or troop, of the militia of the State, and armed, uniformed and equipped, according to law; or a portion thereof, during that period and in that capacity, and the remainder, since April 23, 1862, as a member of the National Guard of the State.

COUNTY OF NEW YORK. Disqualified-The following public officers are disqualified to serve as trial jurors throughout the State: The governor, lieutenant-governor, the governor's private secretary, the secretary of state. the comptroller, the state treasurer, the attorneygeneral, the state engineer and surveyor, a canal 12. A person who, after faithfully performing the commissioner, an inspector of state prisons, a duties of a fireman, in a fire company or a fire decanal appraiser, the superintendent of public in-partment, duly organized according to the laws of struction, the superintendent of the bank depart-the State, for 5 successive years, has been honorment, the superintendent of the insurance depart-ably discharged therefrom. ment, and the deputy of each officer above specified, a member of the Legislature during the session of the house of which he is a member; a judge of the court of record, or a surrogate; a sheriff. under sheriff or deputy sheriff; the clerk or deputy clerk of a court of record.

Qualifications-In order to be qualified to serve as a trial juror in a court in the County of New York a person must be:

13. A person who is physically incapable of performing jury duty, by reason of severe sickness, deafness or other physical disorder.

14. A person holding oflice under the fire or police department of the city; or otherwise specially exempted by law.

15. A duly licensed engineer of steam boilers actually employed as such, 16. Election officials.

17. Municipal court jurors.

COUNTY OF KINGS.

A male citizen of the United States, and a resident of that county; not less than 21, nor more than 70 years of age; the owner, in his own right, of real or personal property of the value of $250; Disqualified-The public officers enumerated or the husband of a woman who is the owner, in above under the heading County of New York. her own right, of real or personal property of that Qualifications-In order to be qualified to serve value; in the possession of his natural faculties, as a trial juror, in a court of record in the County and not infirm or decrepit; free from all legal ex- of Kings, a person must be: ceptions, intelligent, of sound mind and good charA male citizen of the United States and a resiacter, and able to read and write the English lan-dent of that county; not less than 21 nor more than guage understandingly. A person dwelling or lodg-70 years of age; the owner, in his own right, of ing in the County of New York for the greater part real property of the value of $150, or of personal of the time, between the 1st day of Oct. and the property of the value of $250; or the husband 30th day of June next thereafter is a resident of of a woman, who is the owner in her own right of real or personal property, of that value; in possesthat county for that jury year, and it is not necessary that he should have been assessed, or should sion of his natural faculties, and not infirm or decrepit; free from all legal exceptions; intelligent. Exemptions-Either of the following persons, al-of sound mind and good character, and able to read though qualified, is entitled to an exemption from service, as a trial juror, upon his claiming same: 1. A clergyman, or a minister of religion, officiat ins as such, and not following any other calling. 2. A practicing physician, surgeon or surgeon2. A practicing physician, surgeon or surgeon dentist, having patients requiring his daily profes-dentist having patients requiring his daily prosional attention, not following any other calling; fessional attention, not following any other calla licensed pharmaceutist or pharmacist, while act-ing; a licensed pharmaceutist or pharmacist, ually engaged in his profession as a means of livelihood, and a duly registered veterinary surgeon actually engaged in his profession as a means

have voted there.

of livelihood.

3. An attorney or counselor at law, regularly engaged in the practice of the law, as a means of livelihood.

4. A professor or teacher in a college, academy or public school, not following any other calling, or an editor, editorial writer, or reporter of a daily newspaper regularly employed as such and not following any other vocation.

5. The holder of an office, under the United States, or the State or the City or County of New York, whose official duties at the time prevent his attendance as a juror, other than those disqualified as aforesaid.

6. A consul of a foreign nation.

7. A captain, engineer or other officer actually employed upon a vessel making regular trips; or a licensed pilot actually following that calling.

and write the English language understandingly. Exemptions-1. A clergyman or a minister of any religion, officiating as such, and not following any other calling.

while actually engaged in his profession as a means of livelihood, and a duly registered veterinary surgeon actually engaged in his profession or counselor at law, regularly engaged in the practice of the law, as a means of livelihood.

as a means of livelihood.

3. An attorney

4. A professor or teacher in a college, academy or public school, or in a private school for the instruction of pupils in the usual branches of education, not following any other calling.

5. The holder of an office, under the United States, or the State, or the county, or the city, whose official duties at the time prevent his attendance as a juror.

6. A capain, engineer or other officer, actually employed upon a vessel making regular trips, or a licensed pilot, actually following that calling.

7. A superintendent, conductor, or engineer, employed by a railroad co., other than a street' railroad co.; or a telegraph operator, employed by a telegraph co., who is actually doing duty in an co. by which he is employed.

8. A superintendent, conductor or engineer employed by a railroad co., other than a street rail-office, or along the railroad or telegraph line of the road co. or a telegraph operator employed by a telegraph co., who is actually doing duty in an office or along the railroad or telegraph line of the co. by which he is employed.

9. A grand juror, or a sheriff's juror for the year selected pursuant to law.

10. Any officer, non-commissioned officer, musician or private, actually serving in a brigade, regiment. battalion, co. or troop of the old guard of the City of New York or of the national guard of the State, uniformed and equipped, according to law, and faithfully performing his duty, by making the parades and attending the drills, inspections and reviews required by law, or a general or staff officer, actually performing duty as such; or a person who has been honorably discharged from the national guard, after 5 years' service in either capacity.

11. A person who has been honorably discharged from the military forces of the State, after 7 years

8. An officer, non-commissioned officer, musician. or private, actually serving in a brigade, regiment, battalion, company, or troop, of the National Guard of the State, uniformed and equipped, according to law, and faithfully performing his duty by making the parades and attending the drills, inspections and reviews required by law; or a general or staff officer actually performing duty as such; or a person who has been honorably discharged from the National Guard after five years' service, in either capacity.

9. A person who has been honorably discharged from the military forces of the State after 7 years' faithful service therein, but in order to entitle a person to exemption under this sub-division his service must have been performed before April 23, 1862, either as a general of staff officer, or as an officer, non-commissioned officer, musician or private, in a uniformed battalion, company or troop

JURY SERVICE-Continued.

of the militia of the State, and armed, uniformed and equipped according to law; or a portion thereof, during that period, and in that capacity, and the remainder, since April 23, 1862, as a member of the National Guard of the State.

10. A person who, after faithfully performing the duties of a fireman in a fire company or fire department, duly organized, according to the laws of the State, for 5 successive years, has been honorably discharged therefrom, or who is at the time an officer or member of a fire company, duly organized according to the laws of the State, and faithfully performing his duty therein.

11. A person who is physically incapable of performing jury duty by reason of severe sickness, deafness or other physical disorder.

12. A person belonging to the army or navy of the United States, or to the police force or fire department of the city.

13. A person otherwise specially exempted by law. 14. A duly licensed engineer of steam boilers actually employed as such.

15. Election officials.

16. Municipal court jurors.

court is satisfied that an ordinary jury cannot. without delay and difficulty, be obtained to try such issue, or that for any other reason the due. efficient and impartial administration of justice in the particular case would be advanced by the trial of such issue by a special jury, the court to which the motion is made may make an order directing that such trial be had by a special jury, and such trial shall be had accordingly. The order must specify the time when the drawing of the special jury shall take place, and the number of special jurors to be then drawn, the term of the court and the particular day in the term when such special jury must attend. At the time specified in the order the special jury shall be drawn at the office of the Commissioner of Jurors by the Commissioner of Jurors, or his assistant, and a judge or justice of a Court of Record residing in the department in which such special jury is to be drawn. A minute of the drawing must be kept by the Commissioner of Jurors or his assistant. which must be entitled in the action in which the jury is to serve, specifying the term of court and the particular day in the term when the special entered thereon the name of each juror drawn. This minute must be signed by the judge or justice and by the Commissioner of Jurors or his assistant, present at the drawing, and such minute so signed must be filed in the office of the County Clerk of the said county. The object of the law is to get a competent class of jurors for cases demanding such.

Commissioner of Jurors and Special jurors drawn must attend; and there must be

Jurors.

By Chap. 601 of the Laws of 1901 the office of Special Commissioner of Jurors created under Chap. 378 of the Laws of 1896, was abolished.

Chap. 602 of the Laws of 1901 provides for the appointment of a commissioner of jurors and to provide for a special jury in civil and criminal actions in each county of the State having a population of one million or more, according to the last preceding federal census.

By Chap. 600 of the Laws of 1901 the Justices of the Supreme Court residing in the County of Kings, or a majority of them, may require the CommisThe Commissioner of Jurors appointed under sioner of Jurors to scrutinize and revise the genthis act shall select from the persons qualified toeral panel or list of trial jurors for the county unserve as trial jurors in such county such number der their supervision and direction. For that purpose of special jurors as the justices of the Appellate the Commissioner of Jurors shall have power to Division of the Supreme Court or a majority of summon before him by subpena each and every them, of the department in which such county is person on the same general panel or list for the year situated, shall from time to time direct. and in each year, and make inquiries and examThe commissioner shall not select as a special ine him as to his competency and qualifications to juror any person who is by law disqualified or serve as a trial juror, with power to reject and exempt from service as a trial juror; nor shall take off the said general panel or list such persons he select any person who has been convicted of a as are not competent or qualified, or are not to be criminal offence, or found guilty of fraud or other found. If the person so summoned fail to attend misconduct by the judgment of any civil court; nor except for physical disability, or if he refuse to any person who possesses such conscientious opin- be sworn or answer any pertinent question by the ions with regard to the death penalty as would pre- said Commissioner of Jurors, he may be punished clude his finding a defendant guilty if the crime therefor by any trial justice of the Supreme Court charged be punishable with death; nor any person sitting in such county. Every person so summoned who possesses such opinions as would prevent his must present any exemption from jury service finding a verdict of guilty in any case upon cir- which he has or claims, and if he fails to do so cumstantial evidence; nor any person who doubts he shall be deemed to have waived the same and his ability to lay aside opinions or impressions cannot be excused therefor thereafter except as a formed from newspaper reading or otherwise, and court or judge, except for infancy, alienage, bad to render an impartial verdict upon evidence unin-character, lack of ordinary intelligence and influenced by any such opinions or impressions; nor ability to read and write the English language any person who avows such a prejudice against understandingly. any law of the State as would preclude his finding a defendant guilty of violating such law; nor any person who avows such a prejudice against any particular defence to a criminal charge as would prevent his giving a fair and impartial trial upon the merits of such defence; nor any person who avows that he cannot in all cases give to a defendant who fails to testify as a witness in his own behalf the full benefit of the statutory provision that such defendant's neglect or refusal to testify as a witness in his own behalf does not create any presumption against him.

The special jury law now applies to civil and criminal cases. Whenever an issue of fact has arisen in any civil or criminal action triable in a county embraced within the provisions of this act, the District Attorney or the defendant, if in a criminal action, or either party in a civil action, may apply for a special jury to try such issue. Such application must be made to the Supreme Court appointed to be held within the county where such issue is triable or at a regular term of the court in which such issue is to be tried. It must be made upon the indictment, the plea thereto and affidavit in a criminal action or the pleadings and affidavits in a civil action upon two days' notice to the adverse party or his attorney. Where, upon such application it appears to the court that by reason of the importance or intricacy of the case a special jury is required, or that the subject matter of the indictment has been so widely commented upon or the issue to be tried that the

COAL WEIGHING STATIONS. The following scales have been designated by the Mayor as weighing stations for coal and coal vehicles under the provisions of chap. 174 of the laws of 1897: Under this law every purchaser of coal in New York City has the legal right to send any load of coal so purchased to any of the following scales to be weighed, provided that the scales shall be no more than one-half mile distant from the place of loading or the place of delivery of said coal.

The weighmaster is entitled to a fee of 15 cents a ton, which must be paid by the purchaser, and which may be given to the driver or sent by another person. After the loaded vehicle is weighed and the coal delivered to the purchaser the driver must take the empty vehicle back to the scale to be weighed, and the weighmaster will then send a certificate of the weight to the purchaser.

LOCATION OF SCALES.

100 Washington, 608 Greenwich, W. 14th, c. 10th av.; 560 W. 234. 293 9th av., 373 10th av., 475 11th av., 555 W. 55th. 646 W. 55th, W. 95th, c. B'way, 227 St. Nicholas av., 2402 B'way. 3240 B'way, W. 151st st, c. 7th av.; 13 W. 136th, 245 South, ft. Delancey, 88 Mangin, ft. 5th, E. 14th st, c. Av. D.; ft. E. 20th, ft. E. 32d, 610 1st av., 624 1st av., ft. E. 49th, ft. E. 56th, 206 E. 65th, ft. E. 74th, ft. E. 824, ft. E. 94th, 320 E. 96th, ft. E. 107th, 2330 1st av.. 13 W. 136th. 444 W. 138th, Bedford Park. 496 S. Boulevard, E. 161st st., c. 3d av., Manhattan.

POPULATION OF NEW YORK CITY.

New York City, as constituted prior to the act | 1, 1898, Brooklyn became one of the five boroughs of consolidation, effective Jan. 1, 1898, had a popu- of what is now the City of New York. lation in 1890 of 1,515,301, compared with a popu- Richmond County, or Staten Island, became the lation in 1900 of 3,437,202, showing an apparent Borough of Richmond. increase of 1,921,901, or 126.8 per cent.

In 1890 the city comprised all of what is now Manhattan and greater part of what is now the Bronx, but under the act of consolidation Kings Co., Richmond Co., the larger part of Queens Co. and a small part of Westechester Co. became a part of the city.

Manhattan comprises that part of the old city south of the Harlem River, this area being known formerly as Manhattan Island.

Bronx was formed from that part of the old City of New York lying north of the Harlem River and the small part of Westchester Co. annexed under the act of consolidation. All of this area was at one time a part of Westchester Co.. but in 1873 the towns of Morrisania, West Farms and King's Bridge were annexed to New York; under consolidation, Jan. 1, 1898, all of the town of Westchester and parts of the towns of Eastchester and Pelham became a part of the city. The towns of Flatbush, Flatlands, Gravesend and New Utrecht were absorbed by the City of Brooklyn in 1894, Flatbush becoming the 29th Ward, New Utrecht the 30th Ward, Gravesend the 31st Ward, Flatlands the 32d Ward. The city thus became coextensive with Kings Co., and on Jan.

Boroughs.

1900 1890 1880 1870

Queens Borough was organized at the same time from what was Long Island City, the towns of Flushing, Jamaica and Newtown, and a small portion of the town of Hempstead, all of which were civil divisions of Queens Co. The remaining towns of the county, Oyster Bay and North Hempstead, together with the greater part of the town of Hempstead, were taken to form the new county of Nassau. The 1st Ward of Queens Borough comprises what was formerly Long Island City, the 2d Ward what was formerly Newtown town, the 3d Ward what was formerly Flushing town, the 4th Ward what was formerly Jamaica town and the 5th Ward that part of the town of Hempstead now within the limits of the borough of Queens.

It is impossible to state definitely the population in 1890 of that part of the town of Hempstead, Queens Co., which became a part of Queens Borough, and of the parts of the towns of Eastchester and Pelham, Westchester Co., which became a part of Bronx Borough, but in the following is shown the estimated population for the City of New York, as now constituted, and in detail for each borough of the city, from 1790 to 1900:

1860 1850 1840 1830 1820 1810 1800 17:0

New York City 3,437,202 2,507,414 1,911,698 1,478,103 1,174,779 696,115 391.114 242,278 152,056 119.734 79,216 49,401