, 1858-10-01
U. s. District COurt-2d Judicial District


Sept. 2Oh, 1852 Chief Jpstice MoFAD-
DEN presiding.
lLarsdal-GEo W. CoRus, assisted by
Sheri1s, BLANKENsHP, AFFLEcK, BUTLER
and STARK, with an adequate posse of bai-
lifts.
U. S. Distrid Attorney JOSEPH S.
SMITH, Esq.
Territorial Prosecuting AlOrmey-B. P.
ANDERSON, Esq.
Cierk-RICHARD LANE.
Judges, FITzHUGH and STRONG, were in
attendance, together with the following at
torneys:-S. Garfield, Elwood Evans, b.
F. Kendall, VIM. II. Wallace, and Frank
Clark, Esqs
The Grand Jury consisted of the follow
ing gentlemen:-H. L. Yesler, Foreman,
VIM. H. Wood, A. P. Dslin, Jno. M.
Thomas, M. D. Wooden, Chas D. Soule,
G. F. Porter, Enoch Chase, Robert W.
Moxley, ]. r. Smith, MorriT Littlejohn,
A. S. Yautis, Jno. More, W. Lemon, Geo
Farmer, and Levi L. Gates.
BY the following it will be observed that
there were brought forward for hearing
at this term Of court, three United States
prosecutions, twelve Territorial actions,
twenty civil causes, and one suit in admi-
ralty-making in all, docket containing
thirty-six actions; the heaviest that has
ever been brought forward at one term of
court since the organization of the Terri
tory.
United States rs William Cox. Selling liquor to
Indians. Jury returned a verdict Of guilty. Judg-
ment rendered. Imprisonment for year and costs
OF prosecution.
United States rs. William Cox. Selling liquor to
Indians. Noiie PrOscqui.
United States Brand. Selling liquor to Indians.
Verdict-not guilty
Territory Of Washington rs. ]. N. Bachelor. In
dctment-peJury. Motion to quash the Indictment
on the ground that II had not been found by legally
constituted Grand Jury.
SYNOPSIS OF OPINION.
The statute law of the Territory, Section o. entitled
An act to provide for the manner Of selecting and
procuring the attendance OF Jurors Of the District
Court, h. for 1857, page 10, provides, The Grand
Jury shall cOnsist Of not more than sizteen nor less
than fourteen" The records Of the District Court for
March term, 1858, the term at which this indictment
was found shows that greater number than sixteen
was empannelled sworn and CHARGED TO enquire for
the body Of the I'd Judicial District.
This act specifying the number Of grand Jurors, is
imperative in Us terms, and cannot be disregarded
The law has wisely provided, q that no man shall be
called upon TO anSwer criminal accusation except on
Indictment found by a legal Grand Jury" In the
case Of the People, Thurston, CAL Rep, page 50
i has been decided under statute limiting the num-
Der Of grand jurors to twenyhree; that Indictment
found by a Grand Jury Of twentyfOur is erroneous
and void. II is only by adhering to the law that the
respective rights Of defendants and the Territory can
be protected. This indictment Is declared TO erTO
ne0us and DOid. Motion TO quash sustained.
Territory OF washington ps. Bachelor \ McKihbon.
Obstruction Of process. Motion to quash the ndict-
ment, on the ground that il had not been found by
legally constituted Grand Jury. Motion sustained.
Territory Of Washington Us J. ]. westbrook vio
lating gaming law. Motion to quash the indictment
the ground that 1t had not been found by legally
constituted Grand Jury. Motion sustained.
Territory Of Washington Us. James Burt. Murder
Motion for noiie Proseqi. Sustained by the Court.
Territory of Washington Us. Joseph Dyer. Horse
stealing Motion for notie Proseqi. Sustained by the
Court.
Territory of Washington vs Charles Plummer Vic.
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guilty.
Territory OF Washington vs. Chas. Van womer.
Selling liquor 4nlawfully Jury returned verdict of
not guilty.
Territory of Washington vs. John Kernick. Robbery.
Jury returned verdict Of not guilty.
Territory of Washington us John Kernck. Assault
with intent to kill Motion for nOlle prosequ. Sus-
tained by the Court.
Territory of Washington ys. Phillip Keach. Mis-.
conduct in Office. Verdict ofjury-not guilty.
Territory of Washington rs James Barron. Assault
with ntent to kill. Defendant files affidavit that a
material witness in his cause is not at present 10 be
had. Court grants continuance to next term.
Territory of Washington ps. J. J. Westbrook. Vio-
atiOn Of license law Verdict of guilty at March term
Judgment on the verdict. Motion to restrain eXecu-
ton until next term, on the ground tkat the ndict-
ment had been found by an illegal Grand Jury. Exc
cution restrained.
Diamond King ps. s. D. Williams Co. Civil ac-
ton. On motion, this case Is dismissed at plaintiff S
cost.
Jane Dobbins Us. John R. jackson. Civil action.
On motion, this case is discontinued at plaintiff s
i cost
County Commissioners Us. Miles and others. Civil
action On notion this case is dismissed at plaintiffs
cost.
i Levi Knott Us. Andrew Frazier. CertiardTi. On
motion the cedrari in this dismissed with
costs, for want ofjudgment in the Court below.
James Smith us. Joseph Borst. Forcible entry and
detaner. This cause tried and jury disagreed. Jury
discharged. New jury called. Jury find for the de
fendant
William Boyd rs. L. D. Durgin. Civil action. Judg-
ment by default, in favor Of plaintiff 1852 and costs
Of suit.
Rolugh 4 Roberts Us. L. D. Durgin. Civil action.
Judgment by default, in favor Of plaintiff $s2S 6S,
and costs Of suit.
Jas. NJ. Bachelor Us. VIM. II. Wallace. Continued
at plaintiffs cost.
| James Castor Us. Benz. N. Spinning Action for
damages. Defendant demurs. Demurrer sustained
and case dismissed at costs of plaintiff.
s. u. williams & Co. rs. L. J. Tower. Civil action.
Verdict in faysr Of the defendant.
Thos. Dean rs. VIM. F. Tolmie. Civil action. Yer
dict in favor Of the plaintiff for 81 3O0 with intrust
from May 9th, 1856, and costs.
Francis McNatt rs. Mary Ann McNatt. Divorce.
On motion, this suit is dismissed at costs Of plaintiff
II VIII. Wallace rs. NJ T. Simmons. Civil action.
| egQ1 with intpreSt Nav 1gt Iudgmpnt