The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-16
TRIAL OF JOHN Il. SlRRATT.
The Prosecution Objects to
the Judge.
JUDGE wYLIE OVERRULES THE OBJECTION
A JURY FINALLY EMPANELLED.

~ Judge Wylie Who had adjourned the Circuit Court
unin Monday morning and announced that no would
proceed emp anel jury in the case Of Surrait
Judge Fisher continues ILL., and requires the frequent
attendance OF his physicians.
Judge wyiie said it was not his purpose to proceed
with trial OF this case but he would ait here to-day
FOR purpose of empaneng jury. He did not wish
~ put the parties to expense, and unless jury was
empaneed before Monday the proceedings would have
% be commenced dc nopo BY Monday he hoped an
other Judge would be here proceed with the trial. At
present both Judges on and Cartier out OF The
city 1t only for the purpose Of preventing delay
that he had adjourned his court and consented 10
The prisoner was brought Court at nine O'Clock
shis morning, there being very large crowd in the
The Judge announced that he would hear the
Mr.. Norman b. Smith was excused by of
District Attorney Carrpeton said he present
n court when Judge wyie made his opening statement
and he wanted refer the fact that the proceedings
already taken would drop unless jury was empan-
peled before Monday.
Judge Wylie said that was why he was sitting here
Mr. Darlington said that difficulty; but there
was another question, whether, ii the jury empan
slied by Judge, and another Judge his place
70 y the case, the trial would come in within the re.
'quif1nents OF tho law The law also required that
when one Judge was trying cause, and no requested
another Judge 70 continue the trial. that request should
be In writing.
Judge wylie-How do you know Ina. have not such
Mr. Darlington said he could not OF course know any
thing about that; but difficulties arose. and he asked II
II would be legal proceeding for judge to empane
part OF jury, second judge TO complete the panel
and third judge to continue the trial. Judge Fisher
has decided some very important points and has empan
sled three jurors and he doubted whether there
any legal right for one judge 10 empanel the jury,
ether TO complete IT, and yet third 70 try the case
Mr. Pierrepont-n would BE- three judges trying one
ease.
and il was not worth while to waste time in discussing
she point raised by Mr. Darlington. The law knows
nehner Judge Wyle, Judge Ohm nor Judge Fisher; put
knew only the Judge Of the Criminal Court Of the Dis
srot ID Columbia
Mr. Darlington remarked that he simply desired TO
Judge wyhe said he not disposed to make
gument in the case.
Mr. Perrepont said that In law three judges could not
On
Judge wyhe-It is not three judges, it is only one
Mr. Pierrepont said he doubted whether the
could go on legally
Mr.. Bradley asked IL 1t would be pretended that
Judge taken sick the midst Of . trial
another could not sit?
Mr. Pierrepont said not in a murder case
Judge Wylie said II the prosecution had objection
y should be reduced to writing and he would override
Mr.. burlington said it question with him whether
she prosecution had an appeal
Judge Wylo said II there was no appeal was not
worth while TO waste time in discussing the point
Mr. Carrinaton said he had simply called the atten
me Conr! TO the subject as was his duty to do
feit II his duty TO call this matter, but he would
nevertheless override the point
Other jurors were then called.
Matthew g. Emery excused account Of the i'll
ness Of his wife physician certifying that her removal
20 another air absolutely necessary and also that
Mr. Emery was not in good health
VIM Narrower, upon being questioned, said he
would rather not sit jury like this He had not
formed opinion, and had conscientious scrupies
nron the subject OF capital punishment; but he pro-
auced PHYSICIANS certificate, and excused.
Daniel Breed had formed an opinion and had come
fully 10 conclusion in the He was declared TO
John r. Eivans had formed an opinion from the EVIL
Senco given at The trial OF the conspraor but so far as
he could analyrs his mind he did not believe tho
opinion he had formed would prevent the rendition OF
m impartial verdict He had Conscientious scrupes
the subject OF capital punishment and declared
competent juror, but was challenged BY the prisoners
counsel
tbon 10 further proceedings to-day:--
Phe District Attorney, the Of the United States
ground that this term ends Monday mex. June IL,
1867 that the judge TO w.t. Judge Fisher assigned 10
was present on Thursday last that another Judge to
Wit Judge Cartier, gned to the next term of this
Soup; ana tina, as ,ns e Of the
united by the District Attorney Illegal to proceed
before Judge wyhe to complete the empaneiiag OF the
EDWARD C cARRINGToN,
United States Attorney for the District Of Columbia
The overruled the objection and Mr. Carrington
excepted to the ruling
Thomas Blayden had formed opinion and
biased that he feared he could not decide impar,ialy
He excused
John Van Riswick had not formed an opinlon.
Mr. Perrepont desired to ask the Juror his opinion OF
the guilt or innocence OF the conspirators
trial but the question overrned and Mr. Van Ris-
wick challenged by the prosecution
Joseph f. Brown had formed opinion and believed
his mind biased it would be difficult for him
decide with mparaiiy. Ho would afraid 10 rust
himself He declared incompetent
Thomas Berry had formed opinion from reading an
account OF the trial Of the conspators and from
account OF the arrest OF Surratt His bias how
ever not strong enough to prevent his rendering an
partial verdict He had conscientious scruples upon
the subject OF capital punishment
He was declared . competent juror and sworn
III had mad An mi hut M
think II had 40 biased his md to make him partial
ws opposed 70 s.Ps ms sSs would render
He was declared eompeent and was challenged by the
william HelmIck bad formed an opinion. but he did
not think he was so biased to be partial He should
much regret being placed on the trial, however
count OF his conviction against capital punishment He
George McGhes had formed an opinion, and was 40
strong that he would fear TO trust himself He might
impartial verdict, but his feelings were such
that be might be able 10 act in entirely unpreu
diced manner; but OF that he was not sure Challenged
by the prisoner.
George A. Bohrer said he understood that sausi, was
indicted with others, and he would like to hear the
names Of the other conspirators read
Judge wylic said that had bearing upon the
Mr.. Bohrer said he had formed an opiuion upon the
case and bad said he could not convict M suratt upon
the evidence adduced at the conspiracy trial. and he
understood that the prisoner Was indicted as cocoon
sprator
Frederick Bates had formed an opinion and believed
was too strong TO allow him 10 render impartial
verdict He declared incompetent
Moses T. Parker had formed an opinion, but believed
he could act impartiay from the Law aud evidence Ho
had scruples upon the subject Of capital punishment
He VAS declared competsct juror but was challenged
by the prisoner
Nicholas Acker had formed opinion, but did not
believe " would affect his judgment after hearing the
evidence. He was not opposed 70 capital punish ment
In answer 70 question By Mr. Pierrepont, Mr. Acker
said he was partly American and partly German. He
Vas born in Germany bot had long lived here He
ducns PHI sieisn's csriiacasy Of disability.
John L kidweil was excused upon producing Ger.
nncate OF three physicians that his attendance ms
health.
John + Mitchell had formed opinion from the
reading OF abe evidence Of assassination
conspraton He had subsequently, whiis travelling
MAD long conversation with witness In regard TO thai
trial; that Conversation had made such an impression
upon his mind that be had q conclusion In his
own mnd and he was afraid that with his strong i'm
H..