The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-15
r FOURTR EDITION
TriaI OF John n. sn. EratI.
mud lrom our Seoond Ndilion.

Ahhi OI SOhn He ouA
Continued from oar Second Edition.
WAsHISeToN June lb.-Jndge wylie said ~ hs was
Mr.. Darlington said said that was one diaaculty, but
there was another question. whether NJ ths jury W.
ssmnpanelled en- by one Judge end another Judge took
the requirements Of the lsw9 The law also required
that when one Judge trying n cause. and he re-
quested another Judge continue the trial. that
Judge Wylie,-iiow do you know that have not
iSggS iaa Of 0SS Sa.e not and spq %
asked iflt would be legal proceeding for Judge
Plete the panel and a third to continue the trial
Judge Fisher has decided some very important points,
ard has empanelled three juries. and he doubts
whether there was any legal right for one judge 70
It. and a third to try the case.
Mr.. Pierrepont-It would be three judges trying
Judge wylle said, but one Judge was sitting here,
ing the point raised by Mr., Darlington. The law
Fisher, but knows only the Judge Of the Criminal
Court o. the District ofCoiumbia,
suggest the dlficuities '"'' Ply
Judge wylle said he not disposed to make an
Mr. Pierrepont said that in law three judges could
Judge wyiis~ft is not three judges sitting here.
MI MT; PIe1repont said he doubted whether the case
Mr; Bradley asked II It would be pretended that II
Mr.. Plerrepont said not In a murder case
Judge wyiie said II the prosecution had any objec
ton II should be reduced to writing. and he would
Mr; CarTlngtcn said It question with him
Se s'H pOn not
ton oftGs Court @ i. as i his duty 70 do
ton felt It his duty call up this matter but he would
nevertheless Overrule the point. - -'---.' n.
Matthew G. Smith was excused on account OF his
William b. Hanover was declared incompetent,
having Io 19r%sd %f.d. an CPino@n In the case
0 wes by s6s S ao
tiona to further proceedings today
The District Attorney. on the part of the United
gfSSSds hss hs er% sSss cS %ondsy June June
sent that he was present on THURSDAY last;
to 6e and
jury was By Judge Fisher is sEb@itted BY the Dis.
Elet Attorney 70 be Illegal s proceed before Judge
case .,,o.nov EDWAKp g. cKRRINdToNt ,..-
The Court oveErued the objection, aud Mr.. CARING
ton objected to the ruling ,
John Van Rescuck had formed an opinion. and was
challenged by the prosecution.
Joseph T. Brown was declared incompetent having
Thomas Berry had formed an opinion from reading
not however strong enough to Prevent his rendern ng
| an impartial verdict he was declared competent
John =. Crane was declared a competent juror, but
| was challenged by the defense.
William Herwick excused, having formed
George E. McGlue was also challenged for the de.
| feDse.
a.
indicted with others. and he would like TO hear
the names OF the other conspirators read.
Judge Wyle said that had no bearing upon the
subject,
Mr.. Bohrer said he had formed opinion upon the
case and had said he could not convict Mrs. Surratt
upon the evidence adduced at the conspiracy trial,
and he understood that the prisoner indicted
accompce ..
and he declared Mr. Bohrer a competent juror. and
he sworn
c. 9. Schroeder had formed an oplnon, but his
mind not so biassed as to prevent him from
being impartial He was accepted and sworn.
w. H. Rideman was excused, having formed an
opiniCn
George l., Scunerle was challenged by the prisoner
ThoInas Il. Lloyd was declared Incompetent from
having formed an opinion.
The taken with w, w. Burdette
ana Frederick W. Dates. '-,- -
Moses Il. Parker had formed an opinion. but be-
lieved he could act mpartally. Challenged by the
prisoner.
but excused on producing physicians certificate
John s. Kidwell was excused on account OF his at
tendance at his drug store being absolutely necessary
| to the public health
evidence at the conspiracy trial. and had sub
seouently had conversation with witness in thai
trial which had made such an Impression upon his
| mind that he had come to conclusion, and he was
afraid that with mis- strong Impressions of the 1t
might be lifelong regret with him to be placed
no e