Evening star., 1867-06-13
TRIAL OF SURRATT.

tniS mernfDg In the Crlmlnal C0urt, before
Judge Fisher BY nine o'clo ok the crowd be-
gan to assemble. and before the court was
opened the space outside of the bar was
crowded, but none were allowed within the
railing unless provided with tickets from
Judge Fisher. BY half past nine the jurors
summoned by the Marshal yesterday, in COM
pliance with the order OF the Court. began to
Marshal Phillips. A few minutes before ten
O'Clock Messrs. Bradley and Merrick, counsel
for the prisoner, e ehtered the room. They were
followed by Judge Pierrepont and District
Attorney Darlington, for the prosec ution.
The prisoner was brought in by Marshal
Goodng at five min utes past ten O'Clock, and
the handouts removed from his wrists, by
MI. Phillips, when he was shown to a seat
by the side of his counsel. He appeared the
same as on yesterday, and seemed quite cheer
Judge Fisher entered at ten minutes past
ten, and the court was opened by Mr.. M Mulloy.
Mr.. Bradley asked if the defense could have
copy Of the list of jurors summoned before
the names were called. F
Judge Fisher replied they were entitled to
see the list.
The list was then handed to Mr.. Bradley.
and after examining the same, it was handed
to MI. Middleton, the clerk.
Judge Fisher asked if the gentlemen were
ready to have the names Of the jurors called.
Both sides replied they were.
lows VIM. b. Todd, Geo. Mattingly, w. H.
Tenney, VIM. p. Dole, And'w J. Joyce, Franck
Taylor, John r. Elvans David p. Holloway,
Thos Blagden, Riley A; Shinn, Richard M.
H. Plant, Reuben b. Clark, John Van RIs.
wick, Sam'l P. Brown. z. u. Gilman, Joseph
F. Brown. Zenas q. Robbins, Cornelius Wen
dell, Valentine Harbaugh Jos: Gerhardt, Ho-
ratio N: Easily, w. w. Moore, Thos. W. Berry
and ]. H. Crane.
When the name of Mr. George Mattingly
was called Judge Fisher said he had received
number OF letters from parties as Jurors,
among them one from Mr.. Mattingly, stating
that he was exempt for two causes; first, he
was engaged in carrying the U. 5. mails, and
secondly. he was over 65 years of age.
Mr. Bradley-Then he is incapacitated.
JUDI dge Fisher.-Yes, sir. He will be ex-
cused.
When the name of Andrew ). Joyce was
called Mr.. joyce produced certificate from
DR.. Thos. w. Miller stating that the child of
Mr.. Joyce was dangerously i'll, and his pres
ence was needed at nome.
The Court asked the counsel on both sides
what they had to say in regard to the certif-
cate.
Mr. Bradley submitted the question to the
Court, as they desired to be saved the neces-
Juror.
Judge Fisher said under the sth section OF
the act providing for the selection OF jurors, q
discretionary power was left with the Court,
and as he did not wish to require gentleman
to serve while his child was in danger Of
death, he would excuse Mr.. Joyce.
When the name Of Mr.. Frank Taylor was
called, that gentleman answered.
Judge Fish er announced he had received a
note from Mr. Taylor stating that his interests
dance as juror and proposed to make
affidavit to that fact; business affairs
now maturing needed his perso-
nal attention. Judge Fisher said Mr.
Taylor had also called to see him last evening
and stated that he had business relations with
the Government which made it necessary tor
him TO raise large amount of money to car
ry on that business.
Mr.. Bradley said they did not desire to hear
the private reasons OF parties desiring to be
excused.
Judge Pierrepont stated the counsel on both
sides had agreed to leave such cases entirely
with the Cour ,as they did not desire to hear the
private affairs Of gentlemen.
Judge Fisher said Mr.. Tayler was a man Of
good standing in this community, and he de.
sired to keep up that standing. He thought
the gentleman should be excused, and there.
fore would excuse him.
When the name of Mr.. d. p. Holloway was
called the gentleman stated that he was not
competent, because he was not a citizen of this
District, but citizen OF Indiana; had voted
there, and was carrying on business there, and
kept furnished house there, and he expected
to return to Indiana
Judge Fisher inquired if he now resided
within the limits OF this city.
Mr.. Holloway replied thai he was not keep
ing house here, bat was here temporarily for
the purpose OF transacting business.
Judge Pie1repont suggested that If light ex-
cuses were to be taken 1t would be possible
to set jury, as the men best fitted to serve as
jurors were business men, and it would not do
to excuse them.
Mr.. Bradley suggested that Mr.. Hollo way
was not tax payer.
Judge Fisher inquired of MT Holloway if
he paid taxes on real estate here.
MIR. Holloway said no.
Judge Fisher-Yo on are not qualified.
Mr.. Blagden called.--He said he was not a
ht person to serve as juror. He had formed
and expressed an opinion.
Judge Eisher.-That QQestiOn will come
when you answer on your roir dire.
MIR. R. M. Hall called.-He said 1t was i'm
possible for him to sit on a jury as he was in
ers was In his hands. If required to serve as
juror their interest would suffer. He had
just moved in the county and his family was
then alone with no male in the house
Judge Fisher said if such excuses were al
lowed nine ont of ten jurors would get off,
Mr.. Hall said his business was Just begun.
1t would suffer II he was forced on the jury.
The Court refused to excuse him.
Mr. Franklin Philip called. No answer
Judge Fisher.-Mr. Philip called to see me
last night. had referred him to the attorneys
to the Assistant District Attorney, stating he
was compelled to leave the city in the train
this morning on PUBLIC business.
Mr. Merrick said Mr.. Philip had called on
him. He (Mr. M. } told him he had no power
to excuse him. and his proper course would
be to be in Court this morning and present his
excuse to the Court.
Judge Eisher-He is not here.
Wr. Darlington said there should be pro.
cess to make him attend. The counsel on
both sides had told him he should do go. and
he now felt it duty to interfere. This trial
was important; all citizens called upon should
feel it to be q duty to respond when the call
was made upon him by the Court. He asked
an attachment for Mr.. Philip.
Judge Fisher.-Let it issue.
Mr.. w ilson.-The letter says he has gone to
New York
Mr.. Carrington.-Let attachment be issued.
will take all steps In my power to enforce
his attendance. 's5E -
1t was issued and placed in the Marshal's
hands. lit is understood that Mr. Philip had
an important business engagement in New
York, connected with the Government which
he was forced to fulhll, and that his abs sence
will be satisfactorily explained to the Court
ED.1 Z.fI :. =. =
Mr.. George H. Plant called.
Judge Fisher said Mr.. Plant b had written him
stating thathe was ad vised by his physician
not TO attend, and asked to be excused
Mr.. Darlington said. he, was not disposed to
discredit Mr.. Plants statement. Yet ne thought
that gentleman should attend court IL he could,
possibly, If not. he sould send his physicians
certlficate, In a case like this all should an.
pear IN person, or satisfy the Court of inabil.
ity to attend by q certificate from an attend.
ing physician. He hoped the court would not
determine the excuse Of juror by letter.. j
Judge Fisher said that he had Informed the
gentleman who handed him the note that such
letter would not be taken az an excuse
MT. Darlington asked that an attachment
issue against Mr.. Plant. -