Robert H. Jackson, Moore v. New York — Opinion of the Court
“ Indeed, on opening the hearing on defendants' challenge the trial court said, 'I understand the inquiry now is to be directed to the intentional elimination or disqualification of women and Negroes on the special jury panel.' Counsel for both defendants assented to this definition of the issues and no evidence on other subjects was offered. ”
Robert H. Jackson, Moore v. New York — Opinion of the Court
“ Petitioners were indicted in Bronx County, New York, on February 11, 1947, for the crime of murder in the first degree. The District Attorney moved the court for an order that the trial be by a special jury, pursuant to New York law, which motion was granted over opposition on behalf of defendants by assigned counsel. One hundred and fifty names were drawn from the special jury panel, under supervision of a Justice of the State Supreme Court, in the presence of defendants' counsel and without objection. ”
Robert H. Jackson, Moore v. New York — Opinion of the Court
“ Of course, new wartime arrivals take some time to qualify as active members of the community and its machinery of justice cannot be expected instantaneously to reflect their presence. The official who compiled the jury lists testified as to Negro jurors that 'from 1946 on I must have examined at least 500 myself.' The number accepted for service could not be ascertained from the records, which make no notation of color, but he testified that there were 'maybe two dozen ”
