Evening star., 1867-06-10

make the selection and then draw the requisite
snIesr t.,. He & claimed that these objections
delay. They wished . lawful jury TO be seiee-
ted, and there need be no delay, as the sixth
section provided that the court could order the
marsbal to summon taiismen
Mr.. Bradley stated that as Mr. Douglass was
convenient no should be brought in and ex-
amined. So ..-. -s.r
Judge Fisher asked If there was any objee-
ton TO an oral examination
Judge Pierepont said he did not know the
custom here, bnt- where he had practicsd the
afndavlt was all that was necessary.
Judge Fisher remarked that for four years
back he had not known of any custom on this
question, and he had understood from his
friend, Mr. Middleton, that ne had never
known of the question being raised before.
The defence claimed the right TO cross-ex.
anime the affiant, and after some discussion in
relation TO placing the affidavit On the hles OF
the court, -5s
Mr. Douglass was sworn, and testified that he
had been register Of the city since 1861. At The
last drawing he pursued the same course as
bad been pursued since the passage OF the act.
WitT ess, at the time of replenishing the box,
was present with the other officers, and had
the lists but one, but did not see the names OF
those on the list OF the others.
BY the Prose secution Witness is not certain
that all the names on his list were ax-payers.
Witness is satisfied with the truth OF the af-
f0ayit.
names as required, and put il away. Hg.
By the Prosecution The names were on
sci arate pieces OF paper. The papers were gem
crafty laid aside In the office.
MIR. Bradley said they had relied upon the
uniform practice in selecting jurors, and had
no reason 10 look into the manner OF selecting
this jury. There had been several on trial for
life with jurors selected in this manner. A
verdict against the defendant under such cir
cumstances would not be Just. de asked an
indulgence OF short time to examine into
these questions, TO see what would be the effect
OF the verdict If the accused submitted his case
to thetjury selected. .t..H H3"" "..
Judge Pierrepont said the prosecution had
no objection to granting the time. If the pris-
oner and his counsel sheuld stipulate that the
case be submitted, il would not be legal, as the
life of citizen could not be before Jury
Illegally empannelled. No man could be
legally punished or executed.
Mr.. Bradley.-l would like to know what is
to be done with those who have been exc
cuted- He thought If the objection of the
prosecution was correct and sustained by the
Court. then every man hung during the past
five years had been illegally hung.
Judge Fisher announced that he would give
until tomorrow to allow the gentlemen to look
In 10 the question.
Judge Fisher then remanded the prisoner to
the custody OF the Marshal, and the Court
was dd lourned until to morrow morning at 10
O'Clock.
The prisoner was again handcuffed and taken
to the Jail by Marshal Goosing and Deputy
Marshal Phillips, followed by a large crowd.
The course taken by the prosecution in the
case Of Surratt day, gives rise to consider
able comment on the street, especially among
members OF the bar.
The decision of Judge Fisher on the motion
is looked tor with much interest, and we'll infor-
med members OF the bar do not apprehend that
the m otion of the District Attorney will be al
lowed II the course of the prosecution is sus-
tained by Judge Fisher and by higher court,
to which the question, being very important
one. will doubtless 60, then numerous appli-
cations for writs of habeas corpus will be made,
as if the jury mas been illegally drawn in this
case, all the jures which have served since the
passage Of the act were Illegal
Among the first witnesses to report them
selves in the jury-rCe were Messrs. Jno. 7.
stage carpenter; and James Maddox, in charge
of properties.
A letter was received heae a few days ago
from Spangler. at the Dry Tortugas, in which
he says that he is well, but complains that the
excessive glare of the sun seriously effects his
eyes.