The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-06-12
LOCAL DEPARTM VT,

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NAMES,
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obsIlene, Of iurors made under ,uob oiroum.
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tne GAse w .s1 is'ntS Wv w, 49, "
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by the court.
The Judge here read Mr.. Bradley's quotation
TO the court, and thought II q good precedent.
NJ 49,. ,nsS 800 III "a. this
.aS,,,on ~ Ia. noso,a. .,.,.mon,. tb., ths draw.
ing Of names Of Jurors was made in presence Of
Mr. Meigs clerk Of the court.
The affidavit was accordingly amended.
M. 'y 80 ~. ~ " II 80 A. Ii
object to the plea, as II contained no just
ground on which TO challenge. lie submitted
thp fellowiug:
United States vs.. John n. surratt: In tho
Criminal Court Of the District Of Columbia.
And thereupon the defendant says tho said
motion Is had 10 substance.
Bradley a Merrick, for defendant.
The facts stated do not constitute any ground
in law for q challenge Of tho array.
Mr.. Merrick stated that II this was an unlaw-
full jury, numbers had been hung illegally here
toforo. In speaking OF the manner OF drawing
the Jurors 10 question, he held that they had
been drawn illegally 1t had been only partisly
effected. The Register is to mako n list Of white
resident tax payers as jurors. In the prepare.
tion OF that list the respective parties act in
their different jurisdictions. These are to be SO.
lected from those he may deem best qualified
and he may leave out those he may deem indif
ferent. This applies seyerally to the Register o
Washington, the clerk Of the Levy Court, aud
the clerk Of Georgetown.
Tho second section of this act provides that,
tho names having boon prepared separately, the
Jurors must be drawn by those officers conjontl,
i'm the presence Of each other. These officer
are chosen to make these selections separated,
because they are supposed know the relativ,
merits Of their citizens. It would DO rOmarka
BILE act to require the clerk Of the Loyy COur
' [oouuty oGicers) to make selections In George
town and Washington, from among men they d
not know, or vieo teySa.
TDstrict Attorney Darlington here appeared
In the court. room
Yesterday. when 1t became apparent, on Mr.
iDouglass' statement, that tho jury was someWha
Nefectiye, as to tho manner Of selecting them, |
was only necessary to know whether or not thes
hree officers particip ated In the creation Of th
Jury, and not how far each took part In taid duty
Il Is shown that they wero prssent--.ho three o
[ them-and that Is sufficient for the court.
We arc not now inquiring whether these Officer
/ wore comrlying with the law, but how far the
were deficient in tho work must DO ascortaiued,
1. possible
Mr., Merrick referred, in support Of his posi-
ton. to Sedgvick on Statutory Law, page 81 I
an
He commended that, according to decisions
this ouotatiop the directions giyon to the onico
ohnrrsJ Win tho duty of drawing Jurors weI
No, h;nd;rg and thew might act In an irrcguir
~ .,.ar "a thai acis .ti1l be valid. though Ii
1870 r,iaht snbisct tb,mssIyes to punis6mer
,hoi. Sas,oc, nr irrssnIarity, II was not n,
/ ~. a., tinorira hat nnrticulnr mart thes