New-York tribune., 1867-06-11
NEWBORN TUESDAY, JUNE II, 1se7-WITH SUPPLEMENT

Douglass proof that the law had not fully com
Pen WIN In cOncluslon Mr. Carrn gtOn stated the mo-
ton thus submitted not for delay The prosecution
was ready and anxious To- proceed with the trial OF ts
case and at no time have they been disposed to delay the
trial They ready now. fhe jury has drawn
IN accordance with the act Of Congress- and there need be
no dey IN the matter for by the fifth section OF the act
OF June 1862 tho Court proceed at mpannel
another jnry The Court has pcnay powers TO proceed
10 tine matter and the Marshal may be Immediately or
dered To summon talcsmen
Mr. Bradley sr this motion had taken the defense
ny surprise and he asked that Mr. Douglass be brought
IA ana examined IN open court The defense was not ad-
yl.ed irom the affidavit that the officers had taken any
action different IN the late drawing of ures from that
taken ever since the passage of the law ~
Mr Douglass was sent for and brought into court. Mr.
Bradley requested that Mr.. Douglass be sworn judge
Fisher asked the counsel for the prosecution If they Oh
Jected 10 Mr.. Douglass being sworn and examined.
MI Ilerrepoht SAID they would not OBJECT II III was ue
custom to examine witnesses In similar eases All mo-
tons had to be supported 10y affidavit and. where he
had pT3ctced 1t was not the custom TO take evidence IN
cases hike this In open court.
Judge Fisher said there was no custom about it, lie
never knew Of such si2ce he had been upon the
bench, and he was informed hy the Clerk Mr Mddieou)
that no such case had occurred in has experience.
After some further discussion Mr. Douglass sworn
and read over the affidavit given above and pronounced
Cly OF washington since 1861 and was in ofce at inc
time OF the passage Of the law Of 1902 In making the last
always had pursued Heretofore from tho time Of the pas,
sage Of the act of July 1902 until the present time In
titled that he did not know whether the names placed in
the box BY the Clerk of the Levy Court and the Clerk OF
whether all whose names lie had put IN were Taxpayers
Mr.. Merrick objected to these questions. IL was not
the Other officers referred to had done. These officers
had To exercise their own Judgment and discretion and
was To be presumed that the act OF one was the act of
ALL
The Court decided it proper for Mr. PierepOnt to
ask the question.
In answer the question from Mr. Bradley Mr.. Doug
lass said that he had filed away paper containing the
names Of the Jurors and had searched for IL but had not
been able 10 nd It, Mr. Douglass then retired from the
stand, and Mr. Bradley asked that the Court take re-
Tcson lies St he h"ttom Of the matter whether the bi
cannot he proceeded with anyhow unless the objection
comes from the defendant himself. lie was aware that
the arrest Of decisions was the Other way Du there nave
been arguments 20 show that II is in the power Of the
Court TO proceed and try the case ana even to execute
sentence when the prisoner aware OF all the facts OF III
formalty was yet willing to go To trial He asked time,
therefore TO look up the law and II they could not 90
to trial with the juIy now impanncled.
Mf PierrepOnt said ne would intcrpose no objection 10
recess for he had doubt that tins motion mad taken
the defense by surprise lie argued, however That even
of all parties stipulated ana agreed 20 20 TO trial in spite
OF any nformality, IL would still bc Illegal No stipna-
ton can so arrange II as to make any Illegal proceedg
stand He doubted whether there were any decisions
tile other way, his friend Mr. Bradley had ntimated
Mr. Bradley said he did not say there were not decisions
the other lie had heard arguments to prove that 1t
was otherwise
Mr. PIcrrepout again argued that n conviction or
acautia by ajury Illegally impanclcd would be void
postponemcn lie could not, however go TO trial In 50
important this with any doubt upon his mind "A
MT Bradley wanted TO know what would DO done with
the eases Of all the men who had been executed upon the
verdict ofJures impanneled IN the same manner az TINS
Mr. Plercpont said he responsible past cases,
but he was responsible now.
Dlstrei-Attorney Darlington denied that any had
been hung 10y jury impanneled IN this informal
Mr. Bradley begged his friends pardon. ut least n
dozen had been thus hanged.
Mr. Darlington said that II that were 40 then IL was
time 10 correct the evil
Mr. Bradley said n interesting question for the
Court aud he desired time 10 look up the law upon this
point. 49,.
The Court granted the application FOR recess until TO
morrow at 10 o'clock aud the Court then adjourned unil
that time.
The prisoner rcmanded 20 the custody OF the Mar
shall and taken back 10 jail large crowd Fastening into
judiciary square for the purpose Of getting good look at
hIu.