The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-12
THE ASSASSINATION TRIAL.
The Trial of John HI. Surratt--ThIs
Days Proceedings.

IHE ASSASSlWAIIUN IhlAL'
The Trial of John H. Surrntt-ThIs
Days Proceedings.
WASHINGTON, June 12.-The trial of John II.
Surratt, indicted for the murder of the late
President Lincoln, was resumed this morning
in the Criminal Court, Judge Fisher presiding.
The interest In the case continues, and the
cfowd in attendance to-day was as large as upon
any previous occasion, although the Court was
announced to convene an hour earlier than
usual. The prisoner was brought into Court
shortly after nine O'Clock, and assigned to
seat beside his counsel. His brother Isaac Sur
ratt accompanied the prisoner into Court, and
occupied a seat near him.
The Court was formally opened q short time
before ten O'Clock. Judge Fisher stated to the
bar that he could not be present at nine o'clock,
as he had expected, on account OF being much
indlsposed.
After the names OF the jurors had been called,
Judge Fisher said that in regard to the motion
of the District Attorney challenging the array,
and to quash the jury panel upon the affidavit
OF Mr.. Samuel Douglass, he had considered the
arguments of the counsel on both sides, and
would now proceed to pronounce his opinion on
the motion.
The Judge then delivered the following OPT
Mont
"rhe United States vs.; John H. surratt indicted for
array grounded upon the affidavit Of Samuel Dou-
sress approved June is issa. entitled An act for the
selection OF jurors to serve in the several Courts OF the
jurors in the following manner
make list by the same lime, aud in the ike manner
from such persons qualified to serve as Jurors who
either Of the the Cities Of washington or Georgetown
70 ne at e H @ and IN s
hss OF persons quai.issd to serve az Jurors 70 from
town.
city Of Washington on or 6eore the Isl day Of II FeS
S 1 OF s@ih H the s whe c wSs cite m
m s Sds e 20 % scS as In %s
as were on his list for the previous year but who did
Officers ssqgEss
hese SEVERAL @ lists 10 Se be- the each eqeFF n
princ1a al divisions Of the District being thus pre-
pared i is made the duEy o. these & three officials to
the lists prepared Aforesaid by the Register OF
ana 0 The GeogeoWn t the na%es Of esSsy
persons, and from the, the list prepared by the Levy
The first section which imposes % the dgty % Of pre-:
as the duty Ofthese Officers respectively. Each is
in the express language OF the act, ITO make list
his list the names of such qualified persons as were
the officer making the same may seem proper. The
lists are to be made by them and kept by them re-
aRG saie Keeping Of his list Of the peSoas iSF
doub SHd indeed there Is no connroYesy In this eas %
When we come 70 the second section OF the act
from these several lists of qualified 70 serve
as persons OF whose lon each OF these
ton or precinct We find that The Legislature no
proceeds 10 declSre, IN tpsissmts veos that the of
sba sH o Ss nS Gns s or or Ss % @
washington city the names OF four hundred persons;
and from that Of the Clerk OF the Levy Court forty
While the work Of preparing the three lists is the
twenty Dames is devolved upon the officers aforesaid,
6a 6eg ali RS 0gs
and at the same time and place agree upon the four
or the eighty from the Georgetown list, or the forty
from the county list but certain u is that all the OH
scribed by the statute Zone Of the clerks only shall
he Of sha e S @
| will not meet the requirements of the law
long current of decisions TO be questioned that
of performing an act without giving majority the
power 70 act In the premises all must must act, or the
S a & Re oos II ssq6 ass snge %G56 %
| by the united Judgment of the three officers upon
Tore that the entire three must act in making the he
Jurors that each of the Clerks and Register to
| prepare his own lists severally.
the Officers Aforesaid then the fourth section OF the
scted rom said lists shall Se written on separate
and similar pieces of paper, which shall be rolled or
placed q box g be provided By the Register & and
being thoroughly shaken. shall be delivered to the
The ffth section provides that when jures are
needed for any Of Ihe Courts during the year, the
Register and the City Clerks and the Clerk OF this
| Court shall meet the City Hall and such juries
shall be drawn by the Clerk Of this Court who Is 10
| publicly break the seal OF the box. and proceed 70
| draw the requisite number of names.
such are briefly stated the provisions OF the act OF
Congress upon which the motion In this case 20 quash
| the array Is rested, understand them, aud Gs
| apprehend they must be understood by everybody
possessed ordinary capacity and fee from the bias
of Interest prejudice. There can be no other CON
structon put upon these provisions which VIII not DO
violence to- and indeed, utterly pervert the language
used by the Legislature to convey their Intention.
In enacting these provisions 10 was doubtless the
Intention Congress longer TO leave In the hands
| OF one man. the Marshal any other single man. the
power of selecting Iuries in whole or n part, except
In the exgences OF certain cases. for which they pro
vided In the same act. and which cases are OF rare
| occurrence.
| Sherhs, nobody doubts had heretofore been often
| grossly abused and In many instances made the in
| strument OF inJustlce and wrong; aud Congress
| thought It would better serve the purposes
| Of Justice IL It should substitute She com.
otcers- the Register Of Washington city, the CLERK
OF fGeorgetown the Clerk OF Levy Court, aud the
clerk OF the Supreme Court in the place Of the much
abused arbitrary solitary power OF the Marshal.
This Language, in my Judgment expresses the nten-
| ton as clearly any Idea be pictured by the
English language Each oftheBe officers doubt
less intended TO act safeguard against any abuse
which the Partially, bias corrupt disposition Ofthe
The affidavit OF Samuel Douglas, the RegiHter OF
Tos,