Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-11
LATEST TELEGRAMS.
MIDNIGHT DISPATCHES.


WASHINGTON, June 10.-The trial of
Surratt commenced to-day. The Criminal
Court was crowded. Judge Fisher took his
seat at half past nine O'Clock. The court
formally opened, and ten Jurors were
called, all but four answering to their
names. The prisoner was brought in at
twenty minutes past ten o'clock, and his
handouts taken of, and he was assigned to
seat beside his counsel. Surratt's face
was very pale, and he wears a careworn
and troubled look, but family smiled oc-
casionly, as he received a nod from an ac-
quaintance. After sitting in the court for
some time, he engaged in lively CONVEX
satiou with counsel Merrick, and was evil
IDENTIFY much amused, as he laughed
heartily.
After all preliminaries, Judge Fisher
asked if the counsel was ready to proceed.
Mr.. Bradley replied that the prisoner
was ready, and had been so for weeks.
The District Attorney said the prosecu-
ton was ready to proceed. Before proceed
ing to empannel jury. however the pros
ecution desired TO submit motion to quash
the whole PANEL of jurymen, as not drawn
according to law, names the from which
said jury was drawn, were not selected
according to law.
Mr. Car Ryan read the affidavit of Sam'l
E. Douglass, Register of Washington,
stating that about the first day of Februa-
~, he deposited in a box required to be
kept in the Office of the Clerk of the Su-
preme Court, District of Columbia,
four hundred names, each name
| being written on a separate piece of
paper, and each paper being CAREFUL
| ly rolled up as a part of the names from
which jurors are to be selected under the
provision of the act of Congress of June
| Is, 1862; that at the same time the Clerk
of the Levy Court deposited forty names,
and the Clerk of Georgetown deposited
| forty names in the box that names de-
posted, by this affidavit, were selected
partly from the poll list of Washington
| City, and partly from the names of citizens
whom he thought well qualified to serve az
! jurymen; that names of persons so selected
| by this affidavit as registers was not commu-
| icated by him to the Clerk of Georgetown.
or Clerk of the Levy Court, nor did they
at any time know the names selected by
| affidavit; nor did this affiant at any time
| know the names of those selected by said
| Clerk of Georgetown or by the Clerk OF
the Levy Court. That the names having
been deposited in the aforesaid box was
returned to the Clerk of the Court of the
District of Columbia, and by said Clerk
sealed, as atfiant believes, in the presence OF
this affiant; that the petit jurors for the
| March term for the Criminal Court of 1867
were selected or drawn from the names de-
| posted in said box on the said first day of
February, and were drawn by the
| Clerk of Georgetown as the aft
ant recollects, and believes the names
| were deposited in a manner hereinbefore
stated, and if it appears that any of the
names for Washington, deposited as afore-
| said, are in hand writing of any person
other than this affiiant or his clerk; same
were deposited without the knowledge or
consent of this affiant, and further, this
afiant says the paper or papers containing
names, whose names were written on said
four hundred pieces of paper and deposited
as aforesaid. He cannot find it, though he
made delligent search for the same.
Mr.. Darlington, District Attorney,
read the act of June 10th, 1862,
relative to empanneling iuries in the
District of Columbia. The law requires
that the jury shall be selected by the regis
ter of Washington and clerks of George
town and levy the court, acting conformity /;
that they shall in the presence of all of
said officers be deposited in boxes, and said
boxes be seated by ssthe Clerk of the Su-
preme Court.
Mr.. Darlington argued that the affidavit
of Douglass showed that the names had
not been regularly deposited, and contended
that if the trial proceeded, the verdict
rendered by jury thus empanneled, would
be illegal This, need, however, be no
delay, for by the fifth section Of the act Of
June, 1862, the court couldFproceed at once
to empannel another jury. The court has
the plenary power to proceed in the matter
and the Marshal may be ordered to sum
mon Mr.. Talisman at Mr.. Bradley's re-
quest.
Mr.. Douglass was sworn and testified to
the truth of the affidavit.
Mr.. Bradley moved for a recess to ex-
anime the law.
The court granted the application for
recess till tomorrow and the prisoner was
remanded to Jail.