Evening star., 1867-06-10

in Jail he was furnished with the prison fare,
but siAce his sister paid her first visit he has
been supplied with meals from q restaurant.
He seldom speaks more than to exchange q
coMmen- place remark, and ls especially retl-
cent in regard to anything come cted with the
charge against him. = a g. '-
He Keeps himself scrupuIousIy clean, hair
neatly combed, &C., but not having heavy
his confinement, gust previous to his appear
ance in Court on 9th ult.) He is not in good
health, and since his con nfinen,ent has become
somewhat thin, which no doubt is caused by
his anxiety about the trial. but he is at all times
cheerful, and apparently tries TO shake off all
feelings which tend to make him despoudent.
His expressed wish since his arrival in this
country has been for a speedy trial, let the con.
sequences be " hat they may
Yesterday, Warden Brown, with one of the
ON GERS OF the Jail, entered the corridor occu-
walking up and down in front of the cells, and
he advanced towards them with smile, when
the following passed: "a = ,-zas.i
Warden.-Well, John, how do you get on
Sufratt Very we'll sir, (speaking c6eeriully
and stroking his goatee.) ii-3 .s-.a -
Warden.-You'll go to court tomorrow.
Snrratt-Yss, sir; but hear one Of my,
Warden. : He was in his office yesterday, and
will be in court TO. morrow. n # .f..
Surratt replied, expressing his satisfaction.
; - PROCEEDINGS TODAY
To- day being the time fixed for the trial of
John II. Snrratt. in the Criminal Court of this
District, beiore Associate Justice George p.
Fisher, the court room at the City Hall was
crowded by the opening of the court, and
many mad to leave, not being able to gain
BY eight O'Clock, Col. Geo W. Phillips and
bis bailiffs were busily engaged in arranging
seats In the court room for the counsel for the
United States AID defea1e, represents ntatives of
the press, and members OF the bar. No one
was allowed within the bar except the mem
bers there of and officers of the court. Bailifs
were stationed at he door, who allowed no
one to enter except such as were provided
with tickets. -,v
Before the opening Of the court. various
rumors were in circulation as to the proba-
bility OF the trial taking place. Many were
cersain the trial would not take place, because
Mr.. Meri ok, one OF the counsel for accused,
was sick and not able to 60 to trial. Others
knew the tr'll would be postponed. because
Chief J Justice Cartier was absent from the city
and he desired to be here at the trial. Others
had herd that the District Attorney would
apply for postpon ernert t. q ..--6 - ~. =.
AT b ali. past nine O. clock Judge Fisher en-.
tered the courtroom and took his seat. ~ .
At ten O'Clock Messrs. Jos. H. Bradley. Sr.,
and Jr' for defense, entered tue room.
The court was then opened by VIVA. A. Null
10y, Esq. crier, ano the petit jury was called
by Mr.. +. j. Middleton, the clerk, all of whom
answered except Isaac Herzberg, E. NJ. Cha
pin, Hillary Smith and VIM. II. Barnes
District Attorney Carrlngton and Judge
PlerTepont, for the prosecution, and r. T. Mer-
rick for the defense, here entered the rooru and
took seats at the tables assigned to them They
were followed by Assistant District Attorney
Wilson. 'e IL
At twenty minutes past ten o'clock Marshal
Goodipg entered the courtroom with the pri-
soneT, and he was shown 10 a seat in the pri.
soner's dock, when the handouts were re-
moved from his wrists, and he was then
escorted to a seat by the side of his counsel,
immediately IN the rear of the prosecuting at
torneys. He was dressed N a suit of black
steel mixed cashmere. white shirt and collar
black nsck-ue; his hair wss comb back OF
his ears, and he sat most OF the time with his
eyes fixed upon the floor, but seemed very
cheerful. and frequently was engaged in con-
versaion with his counsel .,.r r
Capt. John G.. Ryan, The "nysterous pris-
oner,r W ho was arrested IL Mississippi as John
II. Surratt and brought to Washington in irons
and Kept in the old capitol Tor some months
was in court, having a curiosity to see the
prisoner wheGe similarity in personal appear
ance had led to his msfortunes. Surratt and
Ryan bear enough resemblance to be twin
brothers. Being about the same height, same
complexion and color o. hair, same style OF
features, tuuness of forehead, manner of
comblng the hair behind the ars, and the
same feminine look.
AT 1U45 Judge Fisher asked if the counsel
were ready for the trial.
Mr.. Bradley answered that they were on
the part of the defense as they had been since
his arraignment.
District Attorney Carrington said he was
glad to announce that the prosecution was
ready TO proceed with the trial of John II.
SuTratt, under an Indictment for the murder
OF Abraham Lincoln, on the 14th day OF April
lo65: but before proceeding he had a motion to
make, and thereupon read the following mo-
ton:
/ In tie .Supreae Court If the District Of C5Ilrp.
tt0:-The United States as. John H Surratt-
Indictment murder. And now at this day, to-
VIII on the 10th day OF June. 1867, came the
United States and the said John H Surratt
by their respective attorneys, and the Jurors
OF tfe jury empanelled and summoned also
come; and thereupon the said United States by
their attorney challenged the array of the said
panel, because he saith that the said 1urors
composing SAID panel were rot drawn accord
ing 10 law, and that the names from which
sald jurors were drawn were not drawn &C.
eording to law; whereupon he prays tor iudg.
ment, and that said panel may be guashed
In support OF the motion he read the follow
ing affidavit.
District Of Columbia, County of Woshington.
I0-H.t: BE 1t remem bered that on this sev venth
day of June, A. D., 1867, before the subscriber,
a justice Of the peace, in and for the county
aforesaid, in the District aforesaid personally
appeared Samuel Douglas, who, being first
duly swern deposes and says that in the
months OF January and February A. D., 1857
be was Register of Washington City, In the
District aforesaid; that about the first OF Feb
ruaTy in said year this atfiant de-
in the office of the clerk of the Supreme
Court Of the District Of Columbia four
hundred names (eaeh name being
paper being carefuliy rolled and tied1 "A
part of the names from which Jurors were to,
be selected under the provisions of the act of
the Clerk of the Levy Court deposited forty
names and the Clerk Of Georgetown deposited
eighty names in said jury box; that the names
deposited by this official were selected by him
partly from the poll lists Of Washington city.
and partly from the names Of citizens who he
thought Well qualified to aerve Is furvf,en. {
that the names OF the persons so selected by ths
afiant as register were not comm fIlfcated by |
him to the Clerkof Geor getown or the CIerk Il
OF the Levy Court, nor did they at any time i
know the names selected by thus afiant nor
did this afhant knew at any time the names OF |
those selectedby the said Clerk of GEORGETOWN |
nor by the Clerk of the Levy Court that the
names having been deposited q aforesaid, the /
box was returned TO the Clerk of the Supreme |
Court OF the District OF Columbia, and by said
CLERK sealed as this affiant believes in the
presence. OF this affiant; that the petit Jurors
for the March term of the Criminal Ueurt. |
1867, were selected or drawn from the |
names deposited in said box on said first
day. OF Febrnery, and were drawn by the |
CLERK OF Georgetown, as this al1iant recoliects
and believes, that the names were deposited in |
the manner hereinbefore stated, and in NO
other way, and that If 1t appears that any OF /
the names for Washington city, deposited as
aforesaid and in The handwriting of any per
son. W hether this affiant or his clerk then the
same were deposited without the knowledge
or consent OF this affiant and further this |
q ant says that the paper or papers contain
ing the names OF those who names were writ
ten on said four hundred pieces Of paper and /
deposited as Aforesaid, he cannot now And. |