The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-06-11
LATEST BY TELEGRAPH
Midnight Report.
FROM WASHINGTON.
WAsHiNGroy, June lC

NAsHiNGToN, June 10.
The trial Of Surratt commenced TO day.
The Criminal Court room was crowded.
Judge Fisher took his seat at $50, and the
Court was formally opened at 10 o'clock.
The Jurors were called and all but four an
swered 10 their names. The prisoner was
brought in at 1890. the hand cuffs taken
off, and be was assigned seat beside his
counsel. Surratts face was very pale, and
wears scorn aud troubled look, but family
smiled occasionally as he received the nod Of
an acquaintance. After setting in the court
room for some time he engaged in a lively
conversation with counsel Merrick. and was
evidently much amused, as he laughed hear
tly After all the prelminaries Judge Fish
er asked If the counsel WAS ready TO proceed.
Mr.. Bradley replied that the prisoner was
ready and had been so for some weeks.
District Attorney Carnngton said the pros
ecution was ready TO proceed. Before pro
ceeding to empannel Jury, however, the
prosecution desired to submit a otion to quash
the panel of jurylnen, as it was not drawn
according to law. The names from which
said iurymen were drawn were not selected
according TO law. Carrington read the eff
davt of ). L. Douglas, Register Of Wash
ington, stating that abont the first of Febru-
ary be deposited in box, required TO be kept
in the office Of the Clerk of the Supreme
Court of the District Of Columbia,
four hundred names, each name
being written on separate piece OF
paper being carefully rolled up as a part Of
the names from which jurors were to be Sc
lected, under the provisions Of an act OF
Congress OF June 10Th, 1862; that at the
same time the Clerk OF the Levy Court de-
posted forty names, and the Clerk of George
town deposited forty IN box; that the
names deposited by this sfiant were selected
partly iroIn the poll list OF Washington City
and partly from the names OF citizens who he
thought were well qualified to serve az jury
men; that the names of persons so selected,
by this afant, as Register, were not commu-
nicated by him to the Clerk of Georgetown or
the Clerk oil the Levy Court; nor did they at
the time know the names selected by the
aiiiant, nor did said afiiant know at any time
the names of those selected by
the said Clerk OF Georgetown,
nor by the Clerk Of the Levy Court that the
names having been deposited as aforesaid,
the box was returned 10 the Clerk Of the
District Court of Columbia, and by said
Clerk sealed, as affiant believes, in the pres.
ence of this affiant, and that the Petit Jurors
for the March Term of the Criminal Court oil
1861, were selected or drawn from the names
deposited in said box, on said day in Februa
nv, and were drawn by the Clerk of George
town. as this affiant recollects and believes,
and that the names were deposited in the
manner herein before stated; and if it ap>
pears that any of the names for Washington
deposited as aforesaid, are in the handwriting
of any person other than this ahiant, or his
clerk, some were deposited without the
knowledge or consent of this atfant. And
further this afhant says the paper or papers
containing names, whose names are writer
on said pieces of paper and deposited a,
aforesaid, he cannot find it, though he made
| diligent search for the same.
Mr. Darlington read an act of June 10th
1862, relative to empaneling juries, and il
the District of Columbia the law requires tina
| Jury shall be selected by the Register il
and Levy Court, acting conjointly: that the,
shall. in the presence of all the aforesaid
| officers, be deposited il boxes, and said bo,
to be .sealed by the Clerk of the Suprem,
Court. Darlington argued that the ailidayi
Of Douglass showed names that had not beel
regularly deposited, and contended that
the trial proceeded, and a verdict rendere,
by Jury thus empaneled, the proceeding
would be illegal. There need, however b
no delay. for by the 9th section of the act 0
| June, 1862 the Court could proceed at ono
and empanel another jury The Court ha
plenary power to proceed IN the matter, an
The Marshal may he orderedto summon tales
men.
At Mr.. Bradlsy's request Mr.. Douglas
was sworn and testified to the truth OF tn
affidavit.
Mr.. Bradley moved for recess to allor
time to examine the law, to see if they conl
90 to trial with the jury now empaneled.
No objection being made, the Court grant
ed the application for recess until Tomorrow
and the prisoner was remanded to Jail.