The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-06-13

i may DO, ana ooubtlets 70, m honest, thu -ninued
| and honorable man; but the law cannot be 70.
laxed on that account for We cannot tell how
long the once may continue to be Allied by such
men. II was enacted TO prevent dishonest or
preJudiosd or partial mon from carrying out
their dishonesty, preDudices, or Partially, and
We have no right TO relax the law because Of our
belief In the fairness Of any man. -.-
| The public, a. well az individuals, have o
right 70 exact rigid compliauoe with the 70.
quiremsnts Of the law, and the only way 70 SO.
cure fair and impartial verdict, both TO the
public and the prisoner In this ~ In all other
cases, Is to see that the Law DO fully, fairly and
impartially executed In oil its requirements
The three officers specified In tho act Of Con.
grsss stand In the place Of the marshal or sheriff
Jurics who are summoned to try cases In this
court must not only be summoned properly, but
must be selected In obedience to the require.
msnts Of the laws. The case Of o'connsll can
scarcely be said 10 be regarded as law In this
country, where nero forms Oh this day are con-
sidored as Of more secondary Importance, when
compared with the substance Of the law. II any
Partially or default In the sheriff or his deputy
In arraying the panel, gives sithor party the
right to challenge tho array. hs Is undoubtedly
law--vids I'd Blackstone, 859-thsn such partial
ity or default on the part Of those who are substi-
tuted for the sheriff must likewise be good cause
Of challenge to the array. In the State Of New
York II has been held, In the case Of Gardner vs..
Turner, 9Th johnson. page 200, that the drawing
Of " names by the clerk from the Jury box in.
stead Of 49, the number required by law, and
the selection Of 30 by him out OF the ", and his
direction 10 the sheriff to summon the 30 thus
selected BY him, was such default as would sus.
| tain q challenge To the array. In the case OF
James Mcguire, plaintiff In error, vs. the People,
defendants In error, ga Parhor's Criminal Re-
ports, page 148,)it was held that in,smuch as
the District Attorney was required by statute to
| issue bis precept for summoninR the petit jury,
q jury summoned by the sheriff Without such
| preoept was wrongfuy summoned, and the cons
yiotion by such Jury was held to DO erroneous,
and the judgment Of conviction wa, reversed, In
the State d Delaware, prior to the year 1850,
| the law regulating the summoning OF juries re-
quired that In cases Of oyer and terminer the
| jury should consist Of the 80 jurors who were
summoned TO attend the court Of general SEES.
sions Of the peace. and twelve others specially
summoned for the court Of oyer add terminsr,
which two courts were held at the same time and
by the same judges, with the exception that Id
cases Of oyer all four Of the Law judges sat 70.
gether instead Of the three, who held the court
Of general sessions.
In the case Of tho State vs. John Windsor
9th HAIR, 5l2, indicted for the murder Of his
wife, which was tried in 1880, before a very able
bench, aud by counsel distinguished for their
learning and ability on ether side; o case which
was fully argued and considered, 1t was decided
that inssmuch as the act Of Assembly provided
that the thirty.six jurors summoned for the
Court Of General Sessions should also be sum
moned 10 attend upon the Court Of Oyer and
Termineri and as these General Sessions jurors
had not been so summoned to attend the Court
Of Oyer and Terminsr, although they were there
In attendance, tho nero failure Of the sheriff TO
insert in their summons q notice 10 attend the
J Court Of Oyer, was sufficient ground upon which
| to quash tho entire array, and II was done ae-
oordipgiy. It would seem, at 6rst view, that
the challenge upon such grounds In either oil
these cases was an objection merely sticking in
the bark, and yet such Is the careful regard
which courts In this country entertain In respect
to the selection Of Jurors and the securing Of q
fair and impartial trial either side that they
ever required strict compliance with the very
letter OF the law, no matter from which side the
challenge may be moved. 1t Is just us i'm
portant to have fairness and impartiality upon
the one side as upon the other otherwise tbs
trial Of criminal, however deep his iLfamy, may
DO made mere farce through which bis enlarge
ment Is to be procured. II II be Important tC
observe the mere forms Of the law, II 10, In my
opinion, Of much greater Importance fully Ia
comply with the least Of Its substantial require
msnts
Believing therefore, that the substantial re-
quifemepts Of the act OF Congress in this case
providing for the selection Of fair and impartia
jury, have not been complied with, but entirely
: set at nought, and that there has been grave
default upon tho part of those officers whom that
act has substituted in the place Of the Marshal
4 for the purpose Of having them exercise unitet
judgment in the selection Of all the persons who's
5 to allow the motion Of challenge In this case.
=. do not consider the fact that the present pane
d were improperly drawn by tho Clerk Of George
0 town, who had no right to put his hand into tn,
y box, because the objection which have Above,
lies even deeper than that.
, The judge, in conclusion, ordered that th
Q marshal Of the District proceed to summo
twenty.six mon to act as Jurors in accordanc
d with the provisions Of the law in that respect.
The delivery Of the decision occupied som
! forty minutes Of time; and, as will be seen,
}, very elaborate In detail and lucid in oil Its bsa
l. ings. ,E..
5. The jury in attendance were, by order of th
y judge, discharged from further attendance upO
a the court as tho array had by the decision bee
10 qnashsd and were told to repair TO the marshal
;, Office and receive their mpensaton for attpni
d anoo, which they oil, nothing 10th, compile
4. with.
10 Marshal Phillips proceeded to summon
1t jury, and the case will probably be recommends
ot to-day.
n surratt was taken over to his quarters at II
It Jail about o'clock, tho crowd outside, as usua
. nanifosting much anxiety to sec him.
" The CASE OF CLEAvER - RELEASED O.
y BAn.-Judgs Lander said that, In the case
i Cloayer, convicted Of manslaughter but wh
. was to have new trial, he asked that tho prii
!. onsr BIO liberated on bail, as q jury Of twelv
n men had decided that the case was one Of man
n slaughter, and of course II was bailable
L Judge Fisher said he had no DIGESTION, anC
y would hold the prisoner in tho sum Of 81, 800.
u Mr. Lander said they were prepared to give Y
10 The District Attorney stated previously that
had no objections to Cleaver's being held In bal
IL and It was only for his honor to determine th
y amount Of bail
VI Cleavsr was brought into court about l
T. o'clock, and Mrs, Phywell, livery stable keept
q on Eighth street, aud Samuel Leas became hi
n sureties In tho sum Of 50, 500, and Cleayor WI
re released. He looks very thin and wan, the COZ
~ ~ hnement evidently disagreeing with him phys
III cally.
|" PRICE OF BREAD.--Notwithstan tn
1. decline in the price Of -four some Of tho bAkel
=; In this city still persist In unfolding the reta
~ prices Of the loaves Of bread nine cents per lot
a. being yet charged by number of them, whil'
Il some have reduced the price one penny, an
!. others again, we hear, are charging but seye
=. cents per loaf Our citizens should romomb,
10 those who extortlonate, and patroniEo aceorC
At ingy
=, A VERY PLEASANT STRAWBERRY FEsrIvA
III Is being held at the tmo .honored Shiloh Bapti
y, church, on the Island, whore delicious frui
"a cakes, DO, are served up at reasonable rates,
~ aid the congregation In the erection Of their ne
"a church building. Call and spend pleasal
~ ~ hour with the pretty lasses, and aid q saort
Nv Nv cause. Tho festival will continue during Il
~ present week.
VI T., W. ronrot 10 laarn Of tho lima