The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-06-14

At III CLOCK, ana sat by the sue oi MS counsel
as before. The court room was crowded with
spectators, all eagerly anxious to listen to the
proceedings. ..a.s
Amer the meeting Of the court, the roll Of ju
rors was called BY Mr.. Middleton, the clerk, and
were In the following order:
William b. Todd was the nfst name called, and
he answered to his name. The name Of Georg,
Mattingly was next called, when Judge Fisher
produced the following letter from that gentle
man
wAsurxaros. June 10, 1897.
Sin: was summoned yesterday 70 serve OF
the jury to try Sunatt. 1 am always ready and
willing 10 serve my country, but am disqualified
for two reasons. LIST. am In the employ o.
Government and carrying the United statei
mail. I'd. am over age, being o. years old IL
September, 1866. GEo. MArTiSoLY.
Mr. Mattingly was excused, and the name o
W. H Tenney was next called, who answered
to II.
Mr.. p. Dole was noxt called, but not answer
ing, an attachment was issued to compel bis at
tendance.
Andrew ]. Joyce's name followed that Of Mr.
Dole; when Mr.. Joyce rose and handed the fol
lowing letter from bis family physician:
This certifer - the child Of A. ]. Joyce Il
lying seriously Ind that Mr.. Joycs's pres
ence is necessary at homo.
THos. MnLER, NJ. D.
The District attorney said he would not inter
pose any objection regarding Mr.. Joyce.
Judgo Fisher, after consulting the statute
said that as the court had disoretionnry power
In tho matter, they would, under the clrcum
stances, relieve Mr.. Joyce Of serving as juror
Mr.. Joyce was excused and left the court room.
Frank Taylor was the next name called BY th,
clerk when Mr.. Taylor offered q letter to b
read, which purports: His business affairs ar,
now maturing to such an extent that bis bust
moss would materially suffer by his absence and
II being impossible for any other party to attend
to 1t; that his neglect OF that business would In
jure his credit to great extent, &C., 30.
Judge Pierepont wished to call the attention o
those who were doing business for themselves
and 1t would be injuriou, to excuse them all.
Mr.. Taylor was thon excused.
John r. Elvans was next called, who answered
to bis name.
David P Holloway was then called who rose
and said Ho was not n citizen Of tho District
that his residence was In Indiana, and calculated
to return there In a few years, and did not think
he was competent to sorvo.
Judge Fisher asked Mr.. Holloway whether ht
resided within tho limits Of the District
Mr. Holloway said he was not acquainted with
the technical term reside" he said he wal
staying hore.
Judge Fisher wanted to know II he carried OF
business In the District.
Mr.. Holloway replied he did. but temporarily
Mr.. Holloway was pronounced disqualified
and the name Of Thomas Bssden called, VIII
answered TO his name. Riley A. 6hinn mex
answered, aud his name was followed by that o.
Richard NJ. Hall, who rose and said he felt
impossible almost to sit upon the jury, as he ha'
very important business to attend to not only 70
himself but for others, and he was satisfied tina
all their interests would materially suffer BY hi
being obliged to terve on the jury. His famil.
also wero alone 10 tho country, and as no ha
only started 10 business he was fearful lest
would be prejudieial to him to let 1t suffer.
Judge Fisher thought that be could not b
excused under the circumstances. and Mr.. Hal
wal compelled to serve.
Thos. J. S. Perry answered To his name, and
Franklin Philips was the next called; whom Judg
Fisher road the letter which had been given 4
Mr.. Wilson, In which no stated he was In public
business, and was obliged to leave In the morn
ing train
Judge Fisher had advised him to call on tn,
counsel on both sides.
Mr.. Morrick said that Mr.. Philips had called
but that tho counsel for the defence did not fec
themselves nblo to excuse him
Mr.. Philips was not present, and Mr. Caring
ton said he felt II his duty to call for the issue
Of an attachment requiring the presence OF Mr.
Philips In court
The marshal was directed by the judge Il
issue au attachment on Mr.. Philips, and TIT
next name was called.
George II. Plant was the name next called
and Judge Fisher read letter from Mr.. Plant
in which he stated he felt unuell, and was IN
able to attend.
Mr.. Darlington said he hoped his honor Woult
not determine upon the foral statement OF Mr.
Plant. that the certificate Of a physician wa
necessary.
The judge said he would so do, and an attach
ment was also Issued for Mr.. Plant.
Tho names Of II. d. Clark and John Va
Riswick were then called and answered to.
S. P. Brown was next called, and that gentle
man stepped forward and stated that he wa
| physically unfit, suffering from a disease Of th
kidneys, and produced certificate from b
physician to that effect. Mr.. Brown was e'
cused.
The names of z. D Gilman, Joseph +. Brow
z. @ Robbins. and Cornelius Wendell were Ii
next in the clerks list, and these gentlemen a
answered TO their names.
Mr. V. Harbaugh was then called, and tina
gentleman stepped forward and said that no ha
two members OF his family very sick, and wa
himself physically disqualified from sitting on
Jury, and produced q certificate from his famil,
physician to that effect. Mr.. Harbaugh was OK
cused.
Joseph Gorhardts name followed after Mr.
hnrDnuBnb, Wnou tuhb Beutiemhn saiu NO "u'
not qualified, as no did not pay taxes on real es
tatoi only paid license tax and also, did mo-
hear we'll.
The District Attorney asked him which cal
was affected.
He replied both-onc somewhat more than the
other.
Mr.. Bradley said, in low tone, he was salts
fed Of tho truth Of Mr.. Gerhardt's statement
and did not think Mr.. Gerhardt heard. him now
NJ. ii and FamarkQd - lhaIil
so, Judge" This remark created some laughter
at the expense of Mr.. Bradley. Mr.. Gerhardi
was not excused.
Mr.. H. N. Easily was next called, and an
swered to his name.
Mr.. W. NJ. Moore's name followed after thai
Of Mr.. Easily, whom Mr. Moore rose and said he
did not feel we'll and business would suffer; the
interests Of the Metropolitan Railroad Company
would suffer in consequence.
Mr.. Moore's case was held under advise mont
The names of Thomas Berry and ]. H. Crane
tho latter having been substituted for Mr.. Mat
tingly, were then called and those gentlemen
both answered; and which exhausted the panel
After tho roll of names had been finished being
called, Mr.. Evans said that within the past tive
years ho had served as grand juror. He had IN
derstood at that time that he would DO excused
from serving upon jury If within two years he
had served as grand or petit juror.
Mr.. Darlington said that he could serve as q
talesman--as the law did not apply to them
and he proceeded to read the statute in that rc
spoet.
Mr.. Elyans was not excused.
Mr.. Darlington said, in response to Mr.
Moore, who had left court to procure certif
cate Of a physician, that he hoped his Honor
would be satisfied by his own personal examina
tion of tho physical disqualification Of q juror
and to have the attendance OF both juror and
physician In court.
Judge Fisher said he would do so.