Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-13
LOCAL NEWS.
Criminal Court, June raru

THE EURIES
This morning, i'll the Criminal Court Chief
Justice Cartier, the challenge to the array of
he Grand Jury, which found at the March
Term ar Indictment against Cornelius Camp
bell and John Godfrey for keeping d gaming
h use' made yesterday by Gen. IL A, Terry,
Darlington.
The challenge is made on the same grounds
as was the challenge made 10 the Pettt il l.
rors OF the March term of the Court on the trial
81 Surratt by the prosecution, which challenge,
ii VIII be recollected. was sustained 1t was
srgued by the District Attorney. Mr. Caring
ION, that the challenge could not be made after
the rising OF the Court at VIII ch the Ind tmen
was found.
Judge Cartier, in giving his decision, said
the case presented a question already decided
by Judge Fisher In case belonging to the
NJ arch term, and 1t was NOT new ques ton
although IL was serious one, as Its decision
affects public time and public money and priu-
cIples. The law under which the iury box
was TO be filled required the Register OF Wash
lngton. Clerk OF Georgetown, and clerk of
me Levy Court 10 constitute a Joint com.
mission 10 select the jury. and in his opin.
ION and the opinion OF his colleague
thai commission had never con vened, never
acted or organized. There was NO evil
dence that they had acted in accordance with
law. Instead OF making lists jointly. each
pitched his own selection ia the ballot box.
he Conrt was so satisfied that the law had
not been complied with al all-that the Jury
box was an empty oox-that the offi GERS n a n ed
N the law were directed to proceed de moro
and fill the box according to la w, and thew had
lone so. This was settled. The next cues.
clon is lis the challenge made in seasonl 1t
3 urged by the District Attorney that the chal-
i"nge would be good il made in season, but
nat II comes too late TO have effect. The chief
-eason assigned why it is not made in season is
because the term of the court at which the in
dlctment was found has expired. Tnis Is true
10 some extent The functions of q Judge who
holds term OF court ceases 10 affect that
Term At us close. ri. cannot At a subsequent
term lnvaIidate any procedure of the pre-.
CsGlng one. There must be an end of terms
and al end Of judgment. To this extent the cous
sci was right. The judge, at the close of one
'sTIn, must consider nself as finished, to be
EgmEenceo at the beginning OF another term
Int the question rises. Is there any death 10
an indictment by the ad lournment of a court
l. seems that an Indictment is in the same Sit
Uatlol at each term OF the court Has there
been any ludgmen on this Indictment,
Hen.Ierry-There have been IL o proceedings:
Lp arrangement.
Judge Cartt.r.-It party appears or pleads
70 Indictment lie admits that there is no OBJ
iectlon to 1t, or be valves his objection thereto
The law does not contemplate a lapse OF tune
IL the condition Of an Indictment, and if the
party does I o. plead thereto at one term. he
shw ne reason Why he could not come in wi tn
this ch"llenge. He mus pronounce the plea
ia De presented in due time, ana To be entitled
% The .ull 7orCe o. its merits. and was COM
Netled TO susIsInIt. Ii would be better to rub
81! such indictments out and begin anew. The
Plea is sustained.
y y rpOrpSpntni
MI. john McCarty, who was indicted on a
similar charge about the same time ana sug-
Eested mat tuls case be included In the decision
OF the Court.
TEND 20 open The doors of the Jail but will find
some way 10 prevent the ends of justice being
defeated.
MIR. johnson remarked that his clinnt WAS
on bail.
Mr. Carrrngron said he had no obIecti n u
the decisicn affecting Mr.. McCarty, ana that
case was Included. He suggested that coun-
sci would bring TO his notice similar cases
Ii Is understood thatthis decision will affect
nut lew persons, a on nearly every indict-
ment found al the March term still open the
parties have been arraigued and plead thereto
which THIS decision does Eot affect-Rsp.l
Mr.. Riddle called the attention of the Court
and the District Attorney 10 the ease of Anthony
Schoter, who Was indicted about two wears
SINCE, and whose property had been seized nv
the Government 10 indemnify il from loss He
had satisfied the District Attorney that there
was no case against i'm
Mr.. Darlington stated that his assistant Mr.
wilson. had examined the case, and he was
not yet prepared to enter noIle pros.:. Mr.,
" Wilson, not being present
Mr. Riddle SAID that Schoder was a CLERK IN
the Treasury, and charged with the larceny OF
s'o,0Vo Lee, who after wards robbed the Gov.
ernment OF $1,000, was the principal pros
ecutlIg witness. 1t was said that Schoder
sold two of the bonds to The cashier OF the
Bank o.! Schenectady, New York He (Mr,
K had taken Schoder to the cashier for iden.
>.
not resemble the man VINO sold the bonds in
any particular, and he was not the man
W hen arrested Schoder was q merchant doing
business at Battle Greek, Michigan, and his
property was seized by the Government, and
Is still held. He was now on bail, but u n able
10 obtain his property because OF this lndict-
menr pending against him. and he and his
family are dependent on their friends He
was here to day to ask when this prosecution
would cease.
Judge Cartier suggested that as the object of
MI Riddle was to enable the accused 10 OBJ
tain the possession OF his property Mr. Riddles
statement should be accepted.
Gen. harrington entered a nolie pr0S.
Mr.. Riddle also called the attention OF The
Court TO the fact that some consta ples had not
bonded under the law, and stated that he had
the bonds OF them (who had been employed
about the Court House during the Surratt
trlaD which he desired permission TO file.
Mr.. Riddle read from the act OF Congress of
March Sd, 1863 requiring constables on I'D.
pointnent 10 file bond Of 5000, which shall
De renewed on the 3lst Of June OF each wear
Judge Cartier said that it was clear ~ him
that man was not qualified to act Is con-
stable until he had filed bond. and for acts
after tA1AHpiratlon Of the time in the bond the
secuf1eD were not liable.
Mr.. Riddle said that the law did not oro
vide for reappointment each year, but for the
ming OF the bond. and 1t occurred to him that
this being the case the bonds may be filled
Judge Cartier said that he would Consent to
the hllng of the bond without giving g. de-
cislon as to the other questions involved.
Inc District Attorney entered RotIe pros. in
ABOUT twenty-five cases, mostly trifling Of
FENCES and the court was adjourned without
day.
PFC Mos Dao,o..,.