The New York herald., 1867-06-11
TRIAL OF J0rN Il. SJRRlFF.
The Pr .sonsr Brought Before
t.Ee Court Yesterday.
The District Attorney Chal-
lenges the Jury.
~--~.>.-,.-e~~~~~~~1~>~
He Declares Them Illegally Era-
pRnelsed.
y,>>o>c~~----~-~~-
The Defence is Taken by Surprise and
ASKS for a Recess.
Adjournment Of the Court Until
Ihis Morning.
&1. &c. &c,
He Declares Them Illegally Ersa-
pRnessed.

70 whether the trial would take place Many wh
were not disposed 10 endure the inconvenience Of th
crowd. and who simply desired the graf fcaton Of the
0ulosty by seeing the prisoner gathered about the Cit
Han steps and in Judiciary square, and patient,
awaited the hour when the prisoner should be brough
Srom the jail
rnE EXCITEMENT 6REAr.
Tho excitement regarding tie case much greate
now than it the 9th OF May when the wa,
arst set for trial, and IN anticipation Of large GROVE
ample arrangements had been made 10 the court room
for the preservation order with tho view prevent
eRcroaohnent upon the privileges q such persons
entitled TO admission within the bar The system
81 issuing tickets has adopted and is found effect
I've In preventing confusion
OPENING THE COURT.
AZ haf-past nine O'Clock this morning Judge Fehe,
entered the court room and took his upon lhs
bench. The was formally opened al ten O'Clock
The attorneys for the Defence Mr.. Merrick and the
hessrs Bradley, being present The District Attorney
and Mr. Pierrcpont counsel for the prosecution subse
quentiy entered the
The jurors called, and all excepting four an.
swered 10 their names.
ARRIVAL or THE PRsoSER-Hr APPEARANCE.
At half-past ten O'Clock this morning Surratt was
brought INTO court by Marshal Gooding, handcuIed
He appeared as he did previously with a clean shaven
face, excepting musache and goaiee. He wears his
hair long and hanging about his neck and dressed
In dark suit After being the court few moments
,he handouts taken of and he assigned seat
beside his counsel Snrratts face very pale and he
wears careworn and troubled look although he family
smiled occasionally rs he recaived the nod Of
Quaintance. After sitting the court room Tor some
time he engaged in lively conversation with his
sci, Mr.. Merrick, and evidently much amused at
what was beng said. as he laughed heartily
THE CROWD IN THE COURT ROOM.
BY eleven O'Clock The court literally
crammed and every seat within the bar occupied
Amn fkn aTHttn lar,
men After all the prelminares had been arranged
Jndae Fisher asked counsel we're ready to proceed
John Ii. surrans counsel, Mr. Bradley. replied
The prisoner is ready and han been so for weeks.
MOTION or THE DISTRICT ATTORNEY.
District Attorney Carrngton said be happy TO saw
that the prosecution was ready TO proceed with the
Of John II. Sunt charged with the murder of the late
President oil the United States, Abraham Lncoln, on
the 4th OF April 1865 Before proceeding 10 empannel
Jury however, the prosecution desired to submit the
following
a.s o , Unisd sac. g. John a. Sggoa o. an dsrt .s
a he his aes Sn an ns se s a a1y
surra by their respective attorneys and the jurors
States BY their attorney, challenge the Of the said
panel drawn according law ihai
aons sa Wherefore be- hG ssss @
panel may be qnashed -
Mr. Carrington read the following affidavit in support
n this motion
Dssia 2. oSst G,gny ,gy q ws,.rgteH p w. s @ "it1
1861 before The subscribed Justice OF the Peace and for
peared samuel Douglas who being hrst duly sworn, de-
s he VAS Of wSshns.oa sy snd the
DfiTri aforesaid about the arst day.of February in
supreme ss
wren on separate pieces OF paper aud each paper being
sareiuy rolled up as a part q The names from WHEN
The ac, Of Congress of June ls, isSs; that al
sss G aaa s The 81 5 ps oS
names IN SAID nry boz g. that hat The names % deposited by TINS
Washington city and partly from the names OF citizens
1e Ss oi S so y S As aS @ s @
ssr were not % ey bun 70 the Clerk o. George
time know the names selected by this anian did this
Clerk Of 6eorgeown nor BY The CLERK Of the Levy Court
was returned 10 he Clerk o The supreme coar, Of he
District Of Columbia and BY said Clerk sealed TINS aanI
5or the March term for the Criminal Court o 1885,
sd day OF February and BY CLERK Of
eeorse,own as his aani rscoeeis s1d believes that the
and 10 no Other way and tina, 4 appears Aa any o. The
Handwriting of any person other than this alant bis
er then We same Were delosiled without nc snowledc
NE paper or papers containing the names q thosc whose
and sepossa a. sosa he auo now ma hps %
las made dllsen' search for the same ,, +, no,,,,
sSo'irsea and sw:rn eslore me ,h,s ~ day lay q June
Mr Csnington then read the act Of June 16 1862
relative 70 the cmpanelng Of jures In the Dstrc, OF
Cclumois the law requires that the Jury shall be
Of Georgetown and the Levy Court acting conformity;
that they shall In the presence Of all the said officers be
deposited IN box and that the said boz shall lie sealed
by the Clerk OF the Supreme Court Mr.. Carrngion
argued that the anidavit Of Mr. Douglas showed that
tended that n the ria were proceeded wi,h and ver
alct endered by jury thus empaneiled, the proceed
ines would be illegal. Mr.. Carrington Submitted -four
objections 10 proceeding TO trial now, as foowsfirst
shai the Jurors not selected according 70 law
second that their names not drawn from the boz
according TO law third that the list not preserved
- u should have been, and fourth. that the box was
NOT sealed required by the act Of Congress.
E,ber Of these objections, he argued, would prove
fatal IN case Of trial In regard 10 The rs proposition
the law was plain that all three OF the officers referred
70 constituting board must unite In placing the names
IN the box They constituted board Tor that pur
pose, and officer could not do the work devolvng
upon all three Of the officers Congress intended
Nsh ths duty should devolve upon any ono OF these
cheers He then referred TO the afldavii Of Mr. Doug.
Las a. proof thai the law bad not been fully complied
WITH 10 conclusion Mr.. harrington stated the motion
hss submitted was not for delay. the prosecution
ready and anxious 70 proceed with the trial Of this case,
snd a. no time have they been disposed TO delay the
"a Ma. lhcy are ready nov. fhe jury has not been
orAwn IN accordance with the OF Congress there
nv no delay IN the matter: for by the NTH section
1 empanel another jury the Cour, has plenarv power
% proceed IN The matter aud the Marshal may 10 i'm
nediaiely ordered 70 summon talesmen
NV DOUGLAS ExAstyrp
NJ. Bradley, sr, said this motion had taken the
sefense py surprise and he asked ha, Mr. Douglas be
brought IN and examined In open court The defence
advised from The aadav ,hs, the o esrs nss
taken any action different in the late drawing Of ures
n Ia
Mr.. Douglas was sent for and brough, INTO eaar,
Mr.. Bradley requested that Mr.. Douglas 10 sxo,r
Judge F1sher asked the for the prosecute, 20
ney objected 10 Mr.. Douglas being sworn and exam.
med
Mr. Pierepont said they would object II ws, ,ns
70 examine Witnesses In similar case. All mo-
tons had 70 be supported BY an adavi and where he
had praclsed IL not the custom 10 take evidence n
essee like this In open court
Judge Fisher said there no custom abou, a Hs
never knew Of such since he had been upon the
bench, and be was informed by the Clerk mt Middle
n AsA1 "a
AneF some further discussion M. Douglas
sworn, and read the afdsvt given above and pro-
sounced wue He testified THAI he had been Register
sf ,he city Of washingson 1851 and IN once
- The time OF the passage Of the law Of 1e62 In max
ins We last let OF Jurors he he'd pususd the same pfac
nce that be always Lad pursued heretofore from the
ume cf the passage c the act Of jolly 1904 until the
present time In answer 70 question By Mr. Fleus.
R0ss ~ p0ssss sssitsd The. 10 DID ~, kncp wbsher