The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-13
TRIAL OF JOHN II. STRRlTr.
Decision on the Motion 90 Quasi
the Jury Panel.
yndge Fisher Declares the Jury Tile
gaIly Empanelled.
A NEW JURY ORDERED.

The trial or John Surratt indie led for the murder
81 the ato President Lincoln resumed this morning
In the Criminal Court Judge Fly her presiding The IN
erest in Ihe case continues the crowd in attendance
Io-day was as large az Upon any previous occasion
although the court announced 70 convene an hour
earlser than usual.
The prisoner was Gought shortly after nine
O'Clock and assay ed seat beside his counsel His
brother Isaac Svrrati, accompanied the prisoner into
court and occupied a seat him.
The court Vas formally opened short time before
ten O'Clock. Judge Fisher stated the bar that he
could not DO presen. nine O'clock be had expected
on account OF being much indsposed.
Judge Fisher said that In regard 70 the motion Of the
District Attorney challenging the and to quash the
jury pnne upon the affidavit OF Mr. Samuel Douglas he
had considered The arguments OF counsel on both sides
and would now proceed 10 pronounce his opinion upon
Judge Fisher then delivered the following opinion
The Act Of Congress approved June 49, 1852 entitled An
OF the District Columbia provides for the selection Of
5 S
~ % % se best aas o such d
persons his lis. previous year, who
S e % q the an so
from such qualified jurors who residen
sues q WASHINGTON Geerssown and the Clerk Of the
@ 70 "a s q. s
from citizens similar qualifications residing George
:ss !. ] III nc Z &: msts
Of these lists to be the work Of each officer in his
.sparas cs. The list; g. the three p,n
,ns the
Sssss ss ls.y gsrseas .sssea. which
Of that duty the Of these officers respectively
isg he law 70 1s place
q @ s ss s s
sss same may seem proper The lists are q be made BY
g %
i s' ss ss
case Il i made the duty OF these three officers to
=: .sSs :s:ss
several is.s O Rsr,Ons aasasa
sevsrally within his Jurisdiction precinct hnd
or sas "SsG
aha 1 ss Sem ss IF Ss PS s OF or s
q wsshns!on ely the q four hundred persons
& sssGs ne
NE e 0 % as sss y ae ss
selecting the Ave hundred and twenty names Is dc
s IUp'y may not p.rh.p. b that they
se e e. sss 5 the sS
EVEN 4 two q sSs% :s. i'm make Ike Ss ssisaeH
has Ven y long current q dseision:
ss:s ris $
sa e e sa made docks rom &. Re s.s Z T. s.s
snsm sS1osp BY the united Of the three ocsr
therefore in making the Sc
and he Rs:s.r Prspsps II. o~ n
hey. n s ss NE Ssr ,
& session o. hs act 81 further provides that
;%;S
be provided BY Register and CLERK. which
is ss is hs ns e a o Ssns oa s
zion provides ,h., when jqss needed FOR q ne
hs S %s. S c Ian as
whc :A pnD sf the Ae seal Ger n the so
and proceed to draw The requisite number Of names,
Hs
an and they
and free from he or preaacs
ss
in,enion q Congress longer % The hands q me
p
sss
many INSTANCES made the n.rumspt q inlustee and
poses 81 justice Il should substitute the Combined select
I've p9we, Of res or tour oces-'hs Register Of Washing
and .s ss CLERK 81 the Court in The place
-. clearly a:s P,sssssa y Ss Ess:s
Of As sSs S: n:
sd.y'' q Samuel Doasl. the Rssi5 q wash
Febuary last OF the from which the present panel
Georsstown The Levy one single name on
ms . much less did Or With him N selecting
three officers Aforesaid should select and thai he did not
me i q On q ne ss
Chen
ss :ssf
Ssasrs:. :sss - ~ boz
4: rs
sSs Court witness him break the seal and draw the
q for a x. sSr che this
= ss . cy ~ hs s,Te Tine though T. the pre-
boz The am Of .s present
ysssi 70 wssn . sn,ssnss !, nov made This also
he UPON 1ss A APPLICATION 81 se
are aSass1s Re: By the
as Ss sr ' o.
OF al three Of the oeers named therein should eiser
fss ss's &, ss
ssss .Is ssn, ;. the
Abe eighty names from that city; the CLERK Of Levy
. .s ss'S sios.
sSsssfss NE
eeecson Of The entire ave hundred and
PLACED In the boz the placing In manner
described BY Mr. Douglas In his affidavit IL the OF
the principal haienge W the l clear
cnvetons that the Law required the united Judgment OF
ehe tyee officers named in the OF
entire humber Of names 70 be placed
rvasons that have already mentioned f them the
action Of each Of these officers selecting
from his own list and not even looking the lists Of either
Of the others, or even knowing the
these lists be placed In the boz. sworn 70 by
Mr. Douglas and admitted BY the counsel for prisoner
ground IN law upon which 70 aside the array II Is ar
gaed BY the counsel for the prisoner that u not;
nothing except defect In the summonng Of
SHERIFF principal OF challenge TO the array The
English ~ the common law which We have inherited
from British and which 10 the law
BY which we are 70 be governed 10 the decision Of
qnsson and the Of the Queen against oConne
o,nc has teen cited BY the council for the prisoner the
pa a. conclusive Of the question In this case confess
sha my seneraton for the common Law OF England
omeume. even run into weakness but the day long
pAst Win me- aud should be with everybody. |
when decisions Of courts and mere arbitrary utter.
sn.ss o. text writers, however boAry with |
whica other courts and other people bound o. them
weight that lacks Of for lis solid unless