Evening star., 1867-06-15
THE TRIAL OF JOHN H. sURRaTT.

the court kumors as TO the trial progressing
were prevalent, many arguing that the trial
would have to be postponed until the next
term on account OF the ILLNESS OF Judge Fisher;
others con tended that the jury would De en-
panelled and the trial proceeded with. A few
min utes past ten o'clock Judge Wylie entered
the courtroom, and the court was opened by
Judge Wylie announced that he would pro.
ceed to call the talesmen and hear their ex-'
cuses.
Mr.. Bradley said the District Attorney and
his assistants were not yet in.
Judge Wylie said IL was not his purpose to
60 into the trial OF this case, but merely to pre-
in holding the Circuit Court, and one of the
Judges would be here on Monday to 60 on
with the trial of this case, He had adjourned
the Circuit for to-day in order to preside here.
1t would save much labor and expense to 60
on now. The selection of jury had been COM
menced, and If the Court should adjourn to-
day without completing the panel the whole
case would have to be commenced again.
Judge Fisher was sick and the other two
Judges were absent.
Judge Wylie said he had received a note
from ]. O. Larman, who was employed in the
Treasury Department, and he was excused by
law.
Mr.. Middleton, the Clerk, then proceeded to
Norman b. Smith was called and sworn
upon his roir dire. He stated that he was
physically disable, and also had expressed an
opinion
The Court-How did You form that opin-
ion.
Mr.. Smith.-By newspaper accounts.
The Court-That is not sufficient.
Mr.. Smith stated he was partially paralyZed,
and the Court excused him ON that ground.
Mr.. Darlington said there were several diff
culties as to proceeding with the trial OF this
case 1st. II the jury is not entirely empanelled
TO. day the case will have to 60 over until the
next term.
Judge Wylie.-I understand that, and it is
just what am here to- day for.
such way that no objection can be made to the
proceedings hereafter. The rule of the Judges
was that il one Of them should be engaged in
holding court and desired another to preside
in his place it should be on written request
only.
Judge Wyiie.-How do you know but what
I have that2
Mr.. Carrlngton. point is how can
one Judge begin the empanelling Of jury, a
second Judge complete it, and another or the
first one try the case. He thought the question
one Of grave Importance. and doubted if the
proceeding was legal.
Judge Wylie-I am not disposed to hear
argumen on that point III am wrong you can
take your appeal. The law knows neither
Judge Fisher, Judge Olin, or Judge Wylie,
but only seeks to do Justice.
Judge PIerrepoint-The empanelling of
jury is as much Of the trial as hearing the evil
dence.
MT. Bradley-Do understand the gentle
man to say that when a Jadge is sick another
cannot take his place.
Judge Pierrepoint.-Certainlyn not in a mur-
der trial.
Mr Bradley-Why certainly he can
Judge Wyiie to Mr.. Carrington.-You can
reduce your motion to writing You have
your remedy by an appeal.
Matthew G.. Emery was then called.
Judge Wyiie said he had received certif-
cate stating that MIR. Emery's wife was sick
and that gentleman was excused.
W. H Narrower was called and sworn.
Judge Wylie.-Have you any reason why
you cannot serve on this jury!
Mr. Harrover.-l would rather not. i don't
like to serve on such Jury.
The Court.--Have you formed an opinion
as to the guilt or innocence OF this prisoner!
Mr.. HI cannot say that have.
The Court.-Have you any conscientious
scruples against capital punishment
Mr.. HI don't know.
The Court.-Mr. Narrower is a competent
Mr. Narrower here produced certificate
from physician certifying as to his inability,
and he was excused.
Dr. Dan1 Breed was called and sworn.
The Court.-Are you ply scally disabled
Dr.. Breed.-l think am.
Judge Wylie.-I observed you riding your
horse very rapidly. Have you formed or ex.
pressed an opinion
DIR Breed.-1 have.
The Court-When?
DR. Breed.-By reading the newspapers ct
the time of the conspiracy trial
The Court.-Did you form an opinion in re-.
gard to the prisoner at the bar
Dr. Breed-I did.
The Court decided he was not competent
MT Bradley suggested tnat ont or the original
panel of 26 first summoned, three had been ac-
cepted and twelve or thirteen passed for the
time being. He hoped they would now be
sworn on their U0ir dire.
The Court directed the clerk to call the origi-
nal panel
John r. Elvans was called, and ques toned
by the Court, as follows:
Have you formed or expressed an opinion!
Mr.. EIvans.-I have, sir.
The Coart.-When did you form that opIn-
Mr. Elyans.-From the time Of the trial of
the conspirators, by reading the newspaper
accounts.
The Court.-Do you think that opinion is
such as would sway or bias your mind or af.
feet your judgment In renderin fair and i'm
partial verdict between the prisoner and the
United States, according to the law and evil
dence. -
Mr. Elvans.-So far as can anaIyze my
own mind, do not think that opinion would
have any effect on me- could render q yer.
dict from the law and evidence.
The Courr-Have you any cons cientiou us
scruples against capital punishment
MIR. Elvans.-None.
The Court-Mr Elvans is competent.
Mr. Bradley to MT Carrlngton.-Do you
challenge Mr. Elvans?
Mr.. Carrisgton said Judge Fisher decided
the United States had right to five challenges
peremptorily, and the defence twenty, and
that they should challenge alternately.
Mr Middleton-Stand up prisoner. Prs
-
the prisoner. Do you challenge!
Mr.. Darlington said the prosecution would
reduce their objections, before stated to
writing, so they might be acted upon by the
Court in banc. -
He then read the following paper:
The District Attorney, on the part of the
United States, objects to any proceedings to
empannel jury, on the ground that this term
ends on Monday next, June 18th, 1867; that the
Judge, to wit Judge Fisher, assigned to hold
the present term, is sick. and not present.
that he was present on Thursday last; that
another Judge. to wit: Judge Cartier, is as
signed to the next term of this Criminal Court
and that as the commen cement of the empan-
nelllng OF the Jury was by Judge Fisher it
is submitted by the District Attorney to be
illegal to proceed before Judge Wylie TO com.
plete the empanRelling of the jury in this
case. EDWARD M. CARRINGToN,
U. S. Attorney for District Of Columbia
Jnne is, 1867 -
{ The Court oyerruied the objection, and Mr.
Carripgton excepted to the ruling.
The Court.-The objection is overruled
Mr. Bradley to Mr.. Carrington.-Do You
challenge Mr.. Eivans. fEr
Mr.. Carringtop do not. /
Mr. Bradley-Wedo challenge him. 4
Thomas Btagden was called, and upon be.
ing questioned, said he had formed an Opinion
from the newspaper accounts, and he thought
hts Judgment would be Influenced by such
opinion
I. The Court declared he was not competent.
Riley A. Shinn thought 1t would iniurs his
health TO sit on this jury. He had been suffer