Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-10-10
LOCAL" n Il w - /.

CRIMINAL CoURr-Ths Trial Of JOHN r.
LusbyJOr Murder and Raps-4ssOoiate Justfee
Wyiie Prssidfn0. Nathaniel Wilson, Bsq. =,
Assistant District Attorney, prosecuting, assisted
. The Court met this morning at ten o'clock,
when the trial Of John T. Lusby, indicted for
rape upon the little girl ootavia Rosseau thereby
causing her death, on the night Of the 25th Of
H. Eradley,jr and VIM. Y. Fendall appeared
for he defence. .I, .,IL a..
The prisoner having been arraigned plead not
guilty, and the Clerk, Mr.. Middleton, proceeded
to draw the jurors In the following order each
Juror being sworn on his pofr dire, and ques-
TONED by the Court, the first name drawn was
that Of Nimrod Garetson, whs swas challenged !;
Butle, Baker, challenged Edward peebls, se-
Francis Ballipger, formed and expressed an opin
ion William II Faulkner, had formed an opin
Ion Donald MoCathran, had formed an opinion
Henry Thorn, challenged; Thomas u. Barron,
Meyer, formed opinion; John 1, Fowler, formed
opinion; Jedediah Cuttings, formed opinion !;
Edward Cammack, formed opinion John Robin :
son, formed opinion WIN. II. Langley, chal-
Samuel N. Herbert, formed opinion; Thomas A.
Folsom, formed opinion; Alexander hammond,
absent Charles 4. Perkins, formed opinion
Michael R. Coombs, challenged Charles W.
O. Neal, formed oplnioh; John scrivsner, had no
fixed opinion, but had remarked that he thought
the decision OF Judge Fisher when the accused
was brought out on u hsbeas corpus was cor.
rect decision. ~ 49,.
Judge Wylle stated upon further consideration
he had decided TO ask the jurors II they enter
tained any prejudice or bias against the prisoner
In this case. The two Jurors, Edward Deeble and
swered they had no pref judce or bias
Assistant District Attorney Wilson then read
the act OF Congress OF sd Of March, 1855, giving
the United States the right to challenge.
Judge Wylie decided that that act referred only
TO the circuit or district courts OF the United
States This being local court for the District
Of Columbia, established under constitutional au-
thority, therefore the act did not apply to this
court Tho Judge said he had the act before him
once before when he made such decision.
Assistant District Attorney Wilson inquired II
Mr.. Scrivsner had been drawn from the box foI
the regular panel, or whether he had been sum
Judge wylie stated Mr.. scrlvener had been
summoned by the Marshal by order OF the Court
to supply the place Of juror who was drawn
The question as to the admission Of Mr.. scriv-
ener was argued at some length by S. L. Phillips
for the prosecution, and Jos. H. Bradley for the
defence,
the twenty six constituting the panel were the
regular panel Of the court and II Jury could mol
be obtained, then others should be drawn Those
summoned In place Of those excused were brought
In for trial OF cases less than capital
Mr.. Fendall said the eight challenged by the
defence were not on the or ginal panel drawn.
Judge Wylie decided to begin the empanel'
ing Of the Jury again, and directed the clerk tC
cali the riginal panel as drawn from the box and
summoned for this term, and not call the name'
of those who were put on as substitutes for those
excused. 49,. ~
The two Jurors sworn were then dismissed
and the empanelling Of the Jury commenced
again.
place the names Of the original twenty six in
the hat and draw them out, when the following
names were drawn:
Edward Cammac, formed opinion; Butler
Baker, accepted and sworn Andrew Jackson, J.
b. Parker, Andrew Noer, aud George Rhinehart
were absent, having been excused at the begin.
ming OF the term; Donald MoCathron, John L.
Fowler, Francis Ballinger, John Robinson, ,Thos
II. Barron had formed opinion George 8. Kraft
David Shoemaker, Silas H. Moore were absent
having been excused Charles II. Perkins, formed
opinion; J. W. Drane, G. B. Baker, J. D. Con