American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-03-13
THURSDAY, March 7, 1857.

In the Court Of Oyer and Terminer of
Butler county, March eth, 1857 Be-
fore his Honor, Lawrence IL. M'Gu ugiu,
and his Assoeia.es Joseph CuWmins aud
Thos. Garvey, Judges. ,..s -
w. II. ii. Riddla, District Attorney ;
Il. MJupkin and h. g. Mitchell, fer Pros.
eeution. =
Thompson g. Lyon, Ch9rlea M7Cand-
less, j. n. Puryiance, of Butler; and G.
NJ Carthy, of Pittsburgh, counsels 70.
Defendant.
About Al o'clock, John d. Arlington,
the prisoner, was brought into open Court
for the purpose of arrapgcmet aud trial
when John M Thompson, Esq, one of
the counsels for the prisoner, made mo-
tion to quash the .array OF Grand Jur>
ors. for the following reasons;
lat. 1t does not appear by the return
of the Sheriff oy otherwise, that the j ur-
ors were legally drawn.
2nd. The Comm issioners-d not make
out and deliver to tho Sheriff list of the
names Of persons alleged to have been
drawn to serve as Grand Jurors.
3D., Nolist Of such jurors was set up
in the Sheriff's Office for the inspection
of all persons concerned
4th The Comm ssioners did not make
| out anl deliver tie list Of names of such
jurors to the Clerk of Court of Quarter
Sessions or Oyer and Terminer.
9th. The Clerk of said Court set up
no such list in his office for the inspec>
tiJn Of all concerned.
9Th The Sheriff was not furnished
with the list of the names TO be summon
ed as Grand Jurors until.the fourth day
of the Term at which said jurors were
to attend viz: the 9TH day of March, 1867
7th. The names of the persons to be
summoned as Grand Jurors, was not an
uexed in panel to the Fenire for a
Grand Jury until the 4th day of the
term to which said Henire was returnab!e.
9Th. The Sheriff did not return .he
said Fenire until the 4th day of the term
to which it was returnable, and two days
after this bill of indictment had been
returned by the (alleged) Grand Jury,
when it was iled by the Clerk, as ap
pears, rs in fact it was. filed March s, 81.
9th. The Sheriff made return to said
Fenire the 7th day Of March, A. d.,
1867, which was the 4th day of the
Term to which it was returnahie - the
term beginning March 4th.
10Th. At the time the Grand jury was
constituted by being sworn and charged
by the Judge of said Court, and at the
time they acted upon, reported and re-
turned the Bill of Indictment against
John u, Adlisgspp, no return OF said
Tenure had been made by the Sheriff, nor
had any list of the names OF said Jurors
been made by any persons and delivered
to the said Sheriff, nor offered, nor an,
nexed to said Venire.
1lth. There was not a list of the
names Of the said alleged jurors, in ex,
istancs in the place or places required for
the inspection of the Defendant, and all
others concerned.
18th. The list of tho names of the
said alleged jurors does not contain the
name, surname and addition or occupa,
tion, and place of abode of each of said
jurors.
Mr.. Thompson said there Zas nothing
on the face of the writ to show that the
Clerk had been ordered BY the Court, or
BY two OF the } Judges in vacation there,
Of, to issue the writ of Veaire, &C mmand,
ing the Commissioners and the Sheriff to
impanel Grand Jury, 'aId the Sheriff
to summon them ito try all causes and
matters" &c, as is required by the Act
of Assembly relating to that subject.
The Act requires a return ofthe man.
ncr in whieh the Sheriff executed the
writ of notice to Commissioners of the
drawing of Jurors from the wheel; Of the
service ofthe summons upon the persons
so drawn, with their names, surnames,
and additions, or occupations aud place
of abode annexed to the EeRire; and this
return must be made on the FIRST day of
the said Court. This was necessary, be-
carse tho prisoner could not go all over
the county to ascertaip who the Grand
Jurors are, who must pass, preiimnaria-
ly, upon his rights--who are to find or
ignore an Indictment against him. The
Clerks Office where the return of the
Ienire. with panel of jurors annexed,