The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-06-11
The Trial OF Rurrntt.

WASHINGTON, June lO.-The trial OF
Suaratt was commenced to-day. The
criminal court room was crowded.
Judge Fisher took his seat at $3.50, and
court was formally opened at 10 O'Clock.
The Jurors were called, all but four
answering to their names. The pris-
prisoner was brought in at 1880, his
handouts taken of, and assigned a
seat beside his counsel. Surratts face
was very pale, and he wears care
worn, troubled look, but he family
smiled occasionally as he received the
nod of an acquaintance. Alter sitting
in the Court room for some time, he en-
gagged in lively conversation with
consul Merrick, and was evidently
much amused, as he laughed heartily.
After all the preliminaries, Judge FISH
er asked If the counsel was ready to
proceed. Mr.. Bradley replied, 1.-THE
prisoner is ready, and has been so for
weeks" District Attorney Darlington
said the prosecution was ready to pro-
coed. Before proceeding to empannel
the jury, however, the prosecution de-
sired to submit a motion TO quash the
whole panel of Jurymen, as they were
not drawn according to law, and the.
names from which the said jurymen'
had been drawn were not selected ac-
cording to law. District Attorney Car
rington read the affidavit of Daniel E.
Douglas, Register of Washington,
stating that about the first day OF Feb
ruary, he deposited in the box required
to be kept in the office of the Clerk of
the Supreme Court of the District
of Columbia, four hundred names,
each name being written on sep
arate pieces of paper, and each paper
names from which jurors are to be Sc
lected under the provisions of the act
of Congress, June lG, 1862. That at the
same time the clerk of the levy court
deposited 40 names, and the clerk of
Georgetown deposited 40 names in the
box; that the names deposited by this
official were selected partly from the
poll list OF Washington city and partly
from the names of citizens who he
thought well qualified to serve as jury
men. That the names OF the persons SO
selected by this affiaut as registers were
not communicated by him 10 the clerk
of Georgetown or the clerk of the levy
courts, nor did they at any time know
the names selected by the affiant; nor
did this afiiant know at any time of the
names of those selected by the said
clerk of Georgetown nor by the
clerk of the levy court; that the names
having been deposited in the aforesaid
box was returned to the Clerk of the
Court of the District of Columbia and
by said clerk sealed, as the affiant be-
lieves, in the presence of this affiant;
that the petit jurors for the March term
OF the Criminal Court for 1867 were Sc
lected or drawn from names deposited
in said box on the said first day of Feb
ruary, and were drawn by the clerk of
Georgetown; as this affiant Iecollects
and believes, the names were deposited
in the manner herein before stated, and
If it appears that any of the names for
Washington, deposited as aforesaid,
are in the handwriting of any person
other than this affiAnt or his clerk the
same were deposited without the
knowledge or consent of this af1iant;
and further, this afIiant says that the
paper or papers containing the names,
whose nameswere written on 400 pieces
OF paper and deposited as aforesaid, he
cannot find now, though he
made dilligent search for the same.
District Attorney Darlington read the
act of June 10th. 1862, relative to en-
panneling juries in the Dist. Columbia.
The law requires that the jury shall be
selected by the Register of Washington
and the clerks of Georgetown and the
Levy Court acting conformity, and that
they shall in the presence of all said
officers, be deposited in boxes, and the
said box shall be sealed by the Clerk
of the Supreme Court.
Mr.. Darlington argued that the affi-
davit OF Mr.. Douglas showed that the
names had not been regularly deposited,
and commended that il the trial proceed
ed, and a verdict was rendered by the
jury thus empanneled, the proceedings
would be illegal. There need, howev-
er, be no delay, for by the 9th section
of the act of June 18th, 1862, the Court
could proceed at once 10 empannel an
other jury. The Court has plenary
power to proceed in the matter. and the
Marshall may be ordered to summon
statesmen.
AT Mr.. Bradley's request, Mr.. Doug
las was sworn, and testified to the truth
of the affidavit.
Mr.. Bradley moved for recess to
allow time to examine the laws to see
if they could go to trial with the jury
now empanneled. No objection being
made, the Court granted the application
for recess until tomorrow, and the
prisoner was remanded to Jail.