Evening star., 1867-06-14
TRIAL OF SURRATT.
Yesterday, after eur report closed

|
| following motion:
| "In the Supreme Court of the District of Co.
| tumbia. The United S'aIes VS.. John II. Sur.
| ratt. In the Criminal Court. Mar term
| 1867. And the said Marshal of the District OF
| umbia, in obedience to the order OF the
Court made in this eause on the 12th of June
| instant, this day makes return that he hath
| summoned and now hath In court here twen-
| ty.six jurors, talesmen, as panel from which
| to form jury TO try the said cause, and the
| names OF the said twenty-s,x jurors SO re-
| turned being called by the clerk of said ecu TT,
and they having answered to their names AS
| they were called, the said John H. Surratt, by
his attorneys, doth challenge the array OF tn g
| said panel because he sayeth it doth plainly
| appear by the records and proceedings Of the
| court in this cause that no jurors have ever
| been summoned according to law to serve du-
| ring the present term of this court; that no
| panel has ever been lawfully returned to this
| present term of the court, and no names of lu-
| rors duly and lawfully summoned have been
| placed in the box provided for in The fourth
section fthe act OF Congress, entitled AN act
| providing for the selection of jurors TO eerve
in the several co urts Of the District, approved
| 18th June, 1862, on or before the LIST Of Febru-
ary, 1867, to serve for the ensuing year. where
| fore he prays Judgment that the panel now re.
| turned by the said Marshal, and now in court
here, be quashed.
"MRRRICK, BRADLEY Il BRADLEY,
"Attornsys for Surratt."
The coans sci On both sides consented that the
defense should strike from the list of talesmen
ten and the prosecution four, thus leavin Z
twelve.
A selection was made of the following, and
the first eleven were req uested TO stand and he
sworn, leaving the twelfth to be sworn to day
William b. Todd. John r. Elvans, Thomas
Biagden, X. M. Hall, Thos. G. T. Perry, VIM
Nd. Shuster, Il. D. Gilman, Horatio N Easily,
Thes. Berry, Robert Ball, Samuel Fowler and
j. Russell Barr.
Mr.. Blagden did not take th 9 book, and asked
to be excused, stating that he could not serve,
having expressed an opinion.
Judge Pierrepoint exprcs cssed a wish that the
Court would ascertain whether the gentleman
had expressed such an opinion as would dis
qualify him, he not having heard the evil
dence.
The District Attorney expressed the same
view.
The Court replied that if the gentleman was
swornIon his roir dire he would try to ascer-
Mr.. Carrngto all know Mr.. BIagden
and are willing to trust him.
The Ceurt.-Mr. BlagdeR they think that you
would make an honest verdict.
Mr.. Blagden.-Buty your honor have formed
an opinion.
Mr.. Fowler.-I have made up my mind.
Messrs. Gilman. Shuster and Easily re.
marked that they also had formed and ex-
pressed an opinion.
Mr.. Perry said that he had formed an opin-
ION, and was opposed to the inflction Of capi-
tai punishment.
Judge Pierrepont said it had been agreed on
either side that they would not ask them to be
sworn on their r0ir dire.
Mr.. Perry.-1 am consclentiously opposed to
capital punishment.
Mr.. Shuster.-So am l. decidedly.
Mr.. Pierrepont said they wished the gentle
men 10 consider the subject of public law. The
counsel on both sides. with a courtesy he had
never before seen eq Halled. have lrled to OBJ
tain a jury OF eminent citizens, honest and
above suspicion, and against whose verdict a
whisper could not be uttered; and they hoped
they had done so.
Mr.. Shuster remarked that the language was
at least complimentary to tn Ose selected, but
they should remember that the Jurors would
be discussed. AS for himself, he had formed
and expressed an opinion.
MIR. Bradley said that both parties were salts
fled 10 take Mr.. Shuster, and be presumed no
one would reproach him for any verdict he
would make.
as KS TO be excused because OF conscientious
scruples, il was for the court to ascertain the
extent of the objection.
The Court remarked that he would ask
whether they have such conscientious scru-
pies on the subject OF capital punishment as
would preclude them from rendering ver-
dict OF guilty, il the law and the evidence JUS
tItied 1t, ana if they were satisfied of the guilt
OF the prisoner. There are many persons op-
posed 10 capital punishment, and he Judge
Fisher thought that hanging was the worst
use to which man could be put.
Mr.. Merrlck remarked that the jurors had
little TO do with the consequences of the YER
diet and when they found a verdict according
TO the law and the evidence then their duty
ended. They had nothing whatever to do
with the sentence II they are opposed to
capital punishment, they may, as citizens, ask
they have nothing whatever to do with the con-
sequences Of a verdict.
Judge Fisher said it seemed that if the court
was not satisfied as 10 the conscientious scru-
Piles Of the Juror, he might be sworn in order
to ascertain whether they would prevent him
from rendering just verdict from the law and
juror satisfied the court he had formed an
opinion which, from the law and evidence,
could not be overcome, it would not be proper
discharge OF duty to allow such juror as that
to be sworn.
Mr.. Gilman said he had formed and ex-
pressed an opinion publicly, and he did not
think any evidence would change his views.
He felt decidedly prejudiced.
Mr.. Fowler SO do
Mr.. Easily remarked that it was nothing
more than fair that Jurors should express an
opinion, in view of the evidence pu blished on
the trial of the other prisoners and the conduct
OF such man as the prisoner now here since
the ASSASSINATION of President Lincoln. He
was decidedly biased. He did not think he
would, therefore, be justified ia sitting in this
case. He didn't feel in the condition of mind
to sit in Judgment on this prisoner, and did not
feel like ia king the life OF this man. He pre-
tested against being compelled to sit as juror
in this case. Ali that has been said is compli-
mentary to the Jury: but we have matter to
decide for ourselves. You cannot say to US
that we shall convict or quit this man. They
were all so decidedly biased that be could not
see how their judgment could bring in fair
verdict. If he brought in a verdict of guilty,
he might convict an innocent man. and If a
community murderer.
The Court.-In the present aspect see no
other course than to put each man on his
roir dire
William 3. Todd was then sworn, and re-
Quested 10 answer such questions as might be
put to him. Having answered satisfactorily,
he was sworn as Juror.
William II. Tenney was sworn. and in
answer to the interrogatories, said that he had
formed and expressed an opinion in relation to
the guilt or innocence of the accused He
thought he could give an honest verdict as if
he had never heard Of Surratt. He had no
conscientious scruples as to the death penalty.
The Court.-I think, as in the case Of Burr's
trial, the juror is exceptionable, Judge Mar
shall lays it down as law that the expression
OF an opinion is suflc cient to excuse Juror.
Mr.. Darlington demurred.
The Court.-If you turn to Burr's trial you
will find that am right. Let the gentleman
stand aside for the present.
Mr.. J. r. Elvans, on being questioned, said
he had both formed and expressed an opinion,
and in SO public manner as to lead him to
fear the impression OF the community would
be that he was incapable of rendering a fair
verdict. Personally, however, he believed he
could render verdict in accordance with the
law and evidence. He had no Conscientious
scruples about the death penalty
The Court.-Stand aside for the present
Mr. Thomas Blagden said ne had formed
and expressed an opinion, but was not opposed