The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-06-17

counse1if they had any proposftion 20 make.
A Tho Jurors we're then, called, and Mr.. Brit
the twelfth juror was sbout 10 BE- Twurp, VII,
Mr., Pisrrepontsaid BE- dld not know whGt col
cluAion had bean arrived at In reference 10
stipulation, allowing the jury to separate.
Judge Wylie said he know nothing Of q stips
lation, and could only pass upon such agreemen
AZ was CONSENTED TO by counsel. 10 7
Mr.. Pferrep6int said there seemed TO be !
doubt % the mind Of the District Attorney
Shsther tho Jury could separate, after Hrvini
been empanelled In q murder trial. b. .I' n. :
Mr.. Bradley said that the uhols subject was 4
matter Of agreement between counsel, add b,
proposed TO read stipulation that tho defence
had offered. ~ T''7T
Judge wylie said he had no d.ar. TO h,ar II
because all parties must hrst agree, and Il was
for the court 70 decide what had been agreed
| upon .-....
Mr., Merriok said the defence desired TO have
the last Juror sworn and then TO allow the Juror,
to teparnte until Monday morning.
Judge Wylie said he did not wish 10 hear the
contents OF any agreement unless II had been
consented to on all rides.
Mr.. Bradley asked IL the counsel should agree
that the jury should DO discharged, whether
such agreement would meet the approval Of the
court.
Judge wylio said he was clearly Of the opinion
that under the act Of Congress tho jury must be
empannelled and sworn. The act uses tho word
panelled,' but the panel is not completed until
the jury Is sworn. The word panelled was
technical word but Il had evidently been used
Sy the law-maker in ID. popular sense, and IT is
therefore necessary that al the Jurors shall be
sworn. .
Mr.. Birth, the twelfth juror selected, wa, then
sworn.
Mr.. Bradley said that, with tho permission of
the court, he would submit q motion that the
indictment should not be read, or the Jury fully
charged in the case until Monday morning and
that some stipulation DO agreed upon whereby
tho jury should be discharged.
The counsel for the prosecution wrote out a
stipulation to the effect that tho Jury might be |
be discharged until Monday morning with the
consent Of tho court and without prejudice to
either party.
Mr.. Bradley said they could not consent to
that. The defence offered a stipulation that m
same jury should DO retained, and that there
should not be no prejudice to either party; under
that some Of the questions that had heretofore
engaged the attention Of the court might again |
arise. The defence made the offer, and II was |
for the prosecution to accept or reject
Mr.. Pierrepoint said the defence should nc. |
eept the proposition Of the prosecution, or the |
whole question was at an end.
Mr.. Merriok said the prosecution had so modi.
fed the stipulation submitted by tho defence as
to make much difference Uuder tho stipulation
offered by the prosecution, the whole subject
may be brought up, and the court may DO asked |
Mr.. Pierrepoint said the stipulation of the |
prosecution was, that If the court consented tho
jury might separate without prejudice to either |
party.
Mr.. Bradley said tho defence stipulated in |
such way as to prevent tho question from being
reOpeued, while the stipulation Of tho prOsecu,
tion leaves the whole subject Omen
Judge wylie said 1t appeared counsel could
not agree, and he would, therefore, put the Jury
in charge Of the bailiG
Mr.. Pierrepoint said the stipulation offered by
the defence covered q great deal. Tho prosocu-
tion was willing to stipuato that the jury should
separate, but they could not agree to waive their
exception to the mode OF empannelling the jury.
They were willing to take this jury, however.
Mr. Bradley said the prosecution, It appeared,
were willing to take this jury, but proposed to
raise the question OF the legality Of the panel
II was tnls mat the defence wanted to prevent,
as they desired not to open the question Of tho
legality of tho panel on Monday.
Judge Wylie said no Understood that tho pros.
ecution was not willing 10 vaivo tbe eycsn,;on
thew had taken 10 The emnanneIIing NJ tho a.,
Mr.. Pierrepont Said he would s1sta n.n3idin
that tha n.oi"n,',,o 1870 nT wouIu s's.o canuiay
bsI;ovaS ,bon' ~ ~ uesaoa tnN Jury S they
was Mi tbeH h,J soUt.d N To- IN 'N n ann tnGt
,bouIJ onnaSr 10 tha 80, ~ H. ~ nuay, ~
Issaiiv a,puarnsIIaS 49, s"Ss was NOT
ba hays A. tbat ,;n,o oonfg JIaaLo, WI " s'
81 in,,ssdi.ss, 'aiV oouiu uisonaIBe 'no Jury
~or,d nnsS w suUpuna 'uem oSer' lney
tbnv wapio5 iii thHn.s 49, ~ IL
~ Ls IO tSa, 10 'uo 'f'a'
NJ W.rr;o arOnsd M H.. .'u ~ oho All,
loSai tbs INV shsnIJ ~ a.,no.iina ,n III, us'
ne MonSo 80 $50. Ip,i ~ no.nsu''
ON Ot ~ $1,000 rosr, uJ oPon sno June
,hnt H. a.. .hn,,S ~ ana "ns I'ee'Sy
tam 'A' jury 'H'u'u 10 euPann'"eu ~ 'n'S
NJ p,od,ov ..,a ,.. ,,h0,. .,,,ou o,,L
..n,;cn .S, ' s 'ue "nV,o soSoh Vi 'he pros
w Nv go" 80 W ,SoA 5,.i IN sppeM Nus
snd JrSns Win ~, S. Je I',, VI Suase fnaet
was ~ n5ov.r, al, ohian,Io Du s %nas anu
Ssranoa do,;.aa :. On nuay 'naI sne
u oen ueSeu re re ta'' M ehp,on supulauoh
Sono nv w. ~ sne Proseouiioh ueS,rea 70
a,ip, .nG Jury '0PA'a'' 'nsY 'ou'a asr0e 10 'nae
H. Cnr.;,, al, !, ., J., A..
~ IN. T,, seeivu W nun tnat .he
Ss; VI an, sne "sa..s "eto pe,isGty
A. ,Si,ho 'nds sno Juio ssPA,s9 un't' nIh
aay "''HOu' P'eJuuoe " 'no rsu's oi etnsr
M BradIsv What ob;act;on bavo vou IN o,r
STIMULATION? We have moi heard n vel
Assistant District Attorney Wilson Wsb.vs
an exception on file TO tho empapeIIing of The
jury. Tho other side ask US to dopriye Ourselves
Of that advantage.
Mr.. Bradley. We will accept that, and will
modify our proposition in that way, but not do
prive ourselves of tho right of the trial by jury
Mr. Merriok was wlling-to say that the terms
IF the stipulation was not to apply to any oxcep.
ion taken by the United States, or appeal to the
Court in General Term.
Mr.. Pierrepont. II you are willing to let the
ury separate, and the case stand as 1t does now
until Monday, this stipulation covers 1t.
Mr.. Bradley. Counsel on the other side have
tated their object to be to save this exception.