The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12

II the objection was not sonal against tho jurors,
10 prosecution thinks sey should have brought
Q hoped that 10 thy case the United States would
ok % justice, ana Tead entirely the high paths
ght 10 SET asid4 Jurors against whom nothing
as alleged, and who having been chosen In the
as.ed 70 ST upon ans 9Ss n,,e .i ans
ounse o. VA United States were, believed In the
ase, dspos 10 tread the paths OF right and Justice
here migf Il individuals high in authority who would
esre 70 tread lower paths in the case and the hon
II con ausion we had come TO, was that the ground
shch TINS case rested was 70 be found the Jaws
under that statute, unless the jury empanneled
before the expiration OF the current term the case could
not 20 on and II was questionable whether the case
would then be tried for many days many weeks
Dir. Plerrepont said that when the learned spd emil
arose 10 address the Court he
them to be sincere and he bound TO believe thai
Mr. Merrick only sincere, but that he was earn
prevent tho Of this motion. But II was
singular that he should be 30 earnest to prevent TINS
motion when according to his argument II the motion
prevailed, the action OF the grand jury IN finding the
Indictment would be Illegal and that II would put ms
client at large He supposed the gentleman desired MS
client 10 be put at large.
Mr.. Merrick-By the verdict OF a Jury.
Mr. Pierrepont, not seeming 10 notice the INTERRUPT.
tion continued ana said counsel for the defence
here put his client at large, yet IN an earnest
speech Of an hour he opposed \, motion which ne
claimed would DO that very thing. This was singular
spectacle. He claimed that If this motion prevailed II
would establish precedent that would set his client at
liberty vet exerng himself to prevent that con-
summation. He must infer from this one Of two
lhngseher that the counsel was not sincere in beley
Ing in what would be the success this notion else
he did not TO have his client at large.
Mr. MerricS said he wanted his client at large but by
jury and not by any such course as was pursued He
want the bloOdhOunds OF tho law to follow his
client up, but wanted him enlarged in such way as
would give HIM the full protection or the law.
Mr. ferrepont sad inc prosecution was as anxious 70
ton made yesterday to allow the Marshal TO sum
jury and go and try the case at once Before
trial concluded the defence would discover that
United States In this matter the other
SIDE and public mind would be set right subjects
about which there haycbeen many rnmors and
reports Since he had been in the city he had heard ii
said that Surratt not to be tried and was said that
they would not dare to bring the assassns Of the Pres
dent justice and 1t had been freely circulated that after
former trial of high and prominent position kept
the President from the of ccmency; while the
truth was and i was the truth Of record which would
be produced here that all that was done on that former
trial received the sanction OF the President and his
Caone and that the matter fully discussed for and
against the prisoners Ho would assure the counsel for
defence that the prosecution ready and anxious
60 speedy trial and to meet all these points In
this case there was something than an ordinary
trial. On April a. 1865 crime was committed which
shocked the civilized world and shook the government
II crime not only against tho life of an indi
beloved government Men have suffered death for
that crime; and another has now been found
crime he here be tried and the prosecu
ton desire try him in decent way and with all the
solemnity and forms Of the law and that he shall be
tried fairly and by jury brought here by all the forms
or law; and the whole country will know that tho
man was tried fairly and justly defended by eminent
counsel, and that verdict shall be rendered by an
honest jury. This motion is for that purposethat all
men may say that this is such trial rs the occasion
demands, and by jurors legally empaneed.
Mr. Perrepont referred at length to the cage Of the
Queen against O'Connell, quoted by Mr. Mcrrick and
argued that there analogy between that and this
In reference to Mr. Bradeys suggestion that the
defence would waive all right 10 except TO tho trial. Mr.
Perrepont contended that verdict intended 70 be
valid the must be tried according law He be.
leved it was well settled principle that stipulation
n licv
and law demanded that all cases shall BIO tried in strict
accordance with law TIE coinsol for the defence OBJ
ect the challenge to the array, and hold that thero s
nothing the statute which justles this course He
would suppose a suppose when counsel came in
here they should find the panel made up OF negroes
Would they turn to tho law at once and IL
not complied WITH because the jurors not white
male citizens And when the objection is made that the
whole jury not summoned according TO the statute
cannot the same law he brought to bearY
Mr.. Merrick asked II the gentleman intcrposed any
objections the personal qualifications Of the jurors
II Picrrepont said he wanted them summoned
coFy2ng 10 law. He quoted from the Law to show who
wa3 be jurors and they TO DO selected and
arssed that i had not been complied with, for MI.
not his handwriting Of them having been writ
ten by his clerk there any evidence that all the
the prosecution asks is that the jurors may be IN
the way prescribed by law. Let the Marshal summon
lie could see no reason Why jury could not be selected
and the trial q Tomorrow. The Court 1t to
itself that the law fully complied with Ibis
is the like OF VIII ch his Honor before tried,
and VIII have opportunity TO try again. 1t
the first civil trial Tor the murder OF the President Of
whether ard honest trial would be granted and 1t
therefore all important that all the forms OF law
should be respected This was not merely the trial for
his life. but il to demonstrate whether fun and
ample justice would be done, and he wanted to
The country honest verdict from honest jury and
lair trial in fair court He said the argument or Mr..
errick In favor OF continuing the jury HIM of
he story OF the Indian chief Who being demonstrated
with for the killing OF his enomies excused himself by
nd so of
he woman OF the Sand ~ich Islands, who, being in
formed by missionary that her commission Of
was married. OF course the fact that wrong
jurors was not good reason why the iIcgay should
be countenanced and continued. In conclusion Mr..
perrepoat said oil history showed that civil society
would protect ITSELF God forbid that should relapse
into the darkness OF military dcspotsm. We only want
a verdict with which the country will be satisfied
MI. Bradley said be knew OF case IN which II had
OF which he approached with deeper interest than this
case The temptation great 20 be led away from the
true question and to resist following tho pursued
the other side, and disc ussng questions of law
but such questions calculated 10 have an influence
empaneled to try an assassin OF the President Of the
United siaios. Would 1t not be more proper say
who is charged with being an accessory
Mr.. Pierrepont said he had been misunderstood; he
spoke OF the accused "a ono TO be tried Tor murder
found By the Grand Jury.
Nit. Bradley said he had not so Understood the re-
the defence desired in this Jury should
be summoned and moro time should be lost but thcy
were ready 70 meet this any other daiory MOTION
They desired to have the tried fairly aud by jury
selected in tho same manner other juries had been
selected since the passage OF the law Of 1862 The
uries here selected were above suspicion and would
Judge fairy between the the accused
The defence desired thai the intention Of Congress should
be carried out which intention take from
the Marshal the selection Of Jurors, and they
desired TO avoid the selection OF a Jury Of
taesmen. The jury now empannelicd 10 the only one
that can try the case now Tor IL the motion here sub
United prevails no other jury be returned under the
law until February next because there will have been
no panel retained, and the authority q new
Jury until after one panel shall have been exhausted is
out OF the question. the predicate that the panel
must first be exhausted; II there Is panel there
be % predicate and the Marshal summons tales
men. But there Is q grnver view OF this question. We
are told that 70 the beauty OF the common law that
prov that courts shall enforce statutory provisions
But courts cannot make laws and u 10 TO make Law
that the counsel now attempts TO put upon tho court
MT Bradley also referred to the Of the Queen
Connell In support OF the same arguments made by
the defence, and also quoted from 7th Wendell page