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

/, court closed with that day, and an accom-, ~ :
inc hlness OF Judge Fisher, the case vould h
Ponponea until the next term. Others vouI
9o l,, mat the jury would DO framed and III
: sI proceed at once. Judge Wylie, however
, took the bench, and the court was opsnsd ~,
after 10 o'clock O. m. 'P'"0u 'O"'
, Juoge Wylie announced that he would n,o
oeed to call tho talismen and hear their sScusss
mi. bradley said the District Attorney and biz
! assistants were not yet In. "'
Judge Wylio said II was not bis nurno,. - :,
Into the trial Of this case but merely 10 nrss,d,
to-day and select q jury. He was ensaged n
holding the Circuit Court, and one Of tbe indoss
would be hero on Monday To 20 on with tSe trisI
Of this case. He had adjourned the Circuit 70,
to-day In order to preside here II would says
,u uvn iaoor ana expense to 60 on now. The 60.
lection Of a jury bad been commenced, and h
tne court should adjourn to-day without com.
Pietng the panel the whole Gaze would haye 10
DO commenced again. Judge Fisher was sick
and the other two judges were absent,
Judge Wylie said he had received a note from
harman, who was employed In the Treas
ury Department, and he was excused by law.
MT Middleton, the clerk, then proceeded 10
call the list Of jurors. w
Norman d. Smith was called and sworn upon
his roir dire. He stated that he was pby,icaIiy
disable, and also had expressed an opini~s
The Court. How did yor .. -.Ya.
Mr. MI Smith. n = .Srm that OpiniOn'
,,. M sP"sPsPo, aveosn's'
.no court. That Is not sufficient.
Mr. Smith stated be was partially paralyzsd,
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: First, u the jury 70 not entirely empan.
s ,hsu .V'ssy tue oaso VIII nave 10 60 over until
| Judge wylie. I understand that, and It is just
what am here to-day for.
, warrington. we wish 70 proceed IN such
way mat no oeJeouon can DO made to tho pro-
ceeainss nereaiter. Ihe rule OF the judges was
.nat one o. tnem should DO engaged In holding
eouI', anu DESIRED another 10 preside In his place,
snouiu DC on written request only
ouage myhe' HOW do you know but what
nave mat
mr. oatrlngton. another point Is, how can one
guage oegin the empanelling OF jury, second
Judge complete IT, and another or the FIRST one
Try the case. Ho thought the question one Of
grave Importance, aud doubted II the proceeding
was lsgS'; y,,. ,,,
JUDGE myhe' am not disposed to hear argu.
meh' on mat point: IL am wrong you can
p .ako your appeal; Inc law knows neither Judge
flsher, Judge 0lin' or Judge Wylie, but only
SEEKS 20 40 justice
ouago t'esrepOinI, Inc emPaneiins OF jury
a. mncn OIL the triai rs nearing the evidence.
Mr.. Bradley. Do understand the gentleman
70 say that when Judge Is sick another cannot
take ms place
Judge fierrepoint' certainly not In murder
'h "a
mr.; brndiey' why certainly ne can
ouogo Wyho 70 Mr. harrington: You can re-
duee your motion to writing. You have your
romeay oy an appeal
I wv "; hme'y was ,nen calied'
Iuse "yE sI p 10 naa teceNea certne q,
ssn,ls1a ana, rSs ,Icn.sy vile was '''k' anu that
Ben.io ~ "us eAeuseu
", H. W Narrower NV was called and sworn.
use "yho, hh'e you my reason why you
0A Mr p serve On ms jury ~ ,
M. a. ,.u,,. % "Eu'u ra'ne' ho'' dont
M Tb "a Serrt On Hs suon Ju'y; , ,,,,o ).
~. Iii, y. i,n"a. ~ . ~ op',''oh as W
w gu u ,an nUo, ' vi , st's P.,sonei'
III. ror,, H.. c,, ' ."s an.sS.,,.
ples against oapitai Sunisbnsnto ''' '''''
pySS "su"r Spi. pun''n0n''
MI MI IL. DOM knew.
Inc oourt' Mr. narrower competent
Juror
MT narrower mere produced a certiicate from
n physician certifying as to bis inability, and he
was excused.
Dr.. Daniel Breed was called and sworn.
The Court. Are you physically disabled!
Dr.. Breed. think an.
Judge Wylie | observed you riding your horse
very rapidly Have you formed or expressed an
opiniont
DR.. Breed have.
The Court. Whom
DR.. Breed. By reading tho newspapers at the
time Of the conspiracy trial.
The Court. Did you form an opinion in regard
to the prisoner at the barr
DR.. Breed. did.
The Court decided no was not competent.
Mr.. Bradley suggested that out Of the original
panel OF 70 first summoned, three had been ac-
eepted and twelve or thirteen passed for the time
being. He hoped they would now be sworn on
their roiT dire
The Court directed the clerk to call the ORR
ginal panel.
John R. Elvans was called, and questioned by
the Court, as follows:
Have you formed or expressed an opinion
Mr.. Elvans. have, sir.
The Court. When did you form that opinion?
Mr.. Elvans. From the time Of the trial Of
counts.
The Court Do you think that opinion is such
as would sway or bias your mind or affect your
Judgment In rendering fair and impartial YER
diet between the prisoner and the United states,
according to the law and evidence
MT Swans. 80 iar as ! can anayze my own
mind l do not think that opinion would have
any effect on me; could render verdict from
the law and evidence
The Court. Have you any conscientious scru-
pies against capital punishment
Mr. Elvans. None.
Tho Court. Mr. Elyaus Is competent.
Mr.. Bradley to Mr.. Darlington. Do you chal.
lenge Mr. Evans
Mr.. Darlington said Judge Fisher decided the
United States had q right to Ave challenges per-
emptorly, and the defence twenty, and that
they should challenge alternately.
Mr. Middleton. Stand up prisoner. Prisoner,
look upon the Juror Juror, look upon the
.k.tI