Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-06-11
FROM M4WAsHTNaroN.
Trial of surratt .

WASHINGTON, June lO.--The trial of SUR
ratt commenced to-day. The court room
was crowded. Judge Fisher took his seat
and at $3.50 the court formally opened. Ten
jurors were called, but tour answering
TO their names. The prisoner was brought
in at 10:30 handcuffed, and taken and as
Esigned seat beside his counsel. Surratt's
face was very pale, and he wears a care
worn and troubled look, but family smiled
occasionally as he received mods of an ac-s
quaintance. After sitting in the court
room for some time he engaged largely in
conversation with counsel Merrick and was
evidently much amused, as he laughed
heartily. After all the Spreliminaries,
Judge Fisher asked if the counsel was ready
to IrocePd. I9u tiJU5bty3 515F oaW .eiiH 10
Mr. Bradley repned-L"The prisoner is
ready and has been so for weeks."4 50 j s9t
District Attorney Carrihgten said the
prosecution was ready to proceed before
proceeding to ernpannel jury, However
the prosecution desired to submit a motion
to quash the whole panel of jlrymen
as not drawn according to law
That the names from which said jury
drawn were not selected according to law.
Darlington read an affidavit from Samuel
E. Douglass, Register of Washington, stating
that abUhtt the 1st of February he deposited
in the box required to be kept in the, Office
of the Clerk of the Supreme Court of the
District of Coltmbia. four hundred names
each name being written on two pieces Of
paper, and each paper being carefully roll
ed up as part of names from which jurors
were to be selected, under previous act OF
Congress, passed June 18th, 1852, and
that at the same time the Clerk of Levy,
Court deposited forty names. and the Gle K
OF Georgetown deposited forty in the box !:
that the names deposited by this officer
were selected partly from the poll list of
wards in the city, and partly from names Of
citizens who he thought we'll qualified to
serve as jurymen; that names of persons so
selected by this affidavit as Register were
not communicated to him, to the Clerk of
Georgetown, or Clerk of the Levy Court,
nor did they at any time know the names
selected by affiant, nor. did this
affiant know at any tine the
names of those selected by said
Clerk of Georgetown, nor by the Clerk, OF
Levy Court; that the names having been
deposited in the aforesaid box was return
ed to the Clerk of the Court Of the District
of Columbia. and by said Clerk sealed, as
affiant believes, in the presence Of
for the March term for the Grim
inal Court of 1867 were selected
or drawn from names deposited in said box
on said first day of February, and were
drawn by the Clerk of Georgetown, as this
affiant recollects and believes, Names
were deposited in the manner before stated.
and if it appears herein that any of the
names for Washington, deposited as afore-
said, are in the hand writing of any person
other than by this affiant or his clerk, the
same were deposited without the knowl-
edge or. conset of this afiant; and, further
this affiant says, that the paper or papers
containing the names whose names were
written on saic four hundred pieces
of paper and deposited as aforesaid,
| no 90 nnOt nnw Fl n1 that ha madQ diliUpnt
search for the same. Darlington read the
act of June 16. 1868, relative to the empan-
neling of Juries in the District of Colum-
Oia, where the law requires that the Juries
shall be selected from the Register Il
Washington, and Clerks of Georgetown,
and the Levy Court acting conjointly that
they shall, in the presence of all said Off
GERS be deposited in boxes, and said
boxes sealed by the Clerk of the Su-
preme Court. Darlington argued that the
affidavit of Douglas, should names not
have been regularly deposited and conclud-
ed that If the trial proceeded and the verdict
rendered by the jury, this empannelled
proceedings would be Illegal. There need
however, be no delay. for by the fifth sec
ton of act OF June, 1862, the Court could
4 proceed at once to empannel another jury
The Court has plenary power to proceed
in the matter, and the Marshal may be or
dered to summon statement at Mr.. Brad.
ley's request.
Mr.. Douglass was sworR, and testified tc
the truth of affidavit. 20
| Mr.. Bradley moved for recess to allow
time to examine the law, to see if he car
go to trial with the jury now empannelled
No objection being made, the Cour
! granted the application for recess unit
tomorrow, and the prisoner remanded. e
l. Illness of the President.
| A special dispatch from Washington t,
the Express, says that the President is mucl
indisposedt to-day,a and visitors are exclude d
His physicians pronounce his complain
Bright's desease of the kidneys. n a..