The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-10
THIRD EHITIO N
The Trial of surratt.
ed Iron "a Second Edition.

Continued from ne Second Edition.
Mr.. CarTinRton read the following affidavit In
support of this motion;-
District OF Columbia, county Of Washington, TO wit:
Be itremembered that on tnis 7h day Of June, A ID;
1867, before the subscriber, Justice the Peace IN AID
for the county aforesaid, personally appeared samuel
e GsSE oSh ss 81 @ ana SSs ana
D. s67, he was Register Of Washington city. in the
in the said year this official depl sited in the box re-
81 Se 10 es EcSP cP 9 Of P the p o Of
four hundred names. each name bsiug written on
fuiy rolled up aud tied as part OF The names from
OF the ACT Gi Congr IS OF June is 1881 that al the
same time the Clerk OF the Levy Court deposited
The names in said jury boz that the names deposIlsd
poli.lBts OF Washington City. and partly from the
names otcitizens whom he Thought wei Qualified 20
aiiant' as Registrar, were not eonm9nicated py
Levy Court nor did they at any time know tue names
selected by this aiant nor did tb ailiant know az
Georgetown nor by the Clerk of the Levy Court tnat
the box was returned % the CLERK Of the supreme
IN presenee OF The asn tha the pett jurors for tie
as drawn from the names deposited in SAID box. on
e Of esS %i @ RSt a S
ieves that the names were deposited in the manner
appears that Of The for Washington City
deposited as aforesaid are In the handwriting Of any
same were deposited without the knowledge or CON
And further this afiiant says that the paper
papers containing the names OF those whose names
and deposited as aforesaid, he cannot now hnd al
though he has made diligent search for the same.
SAMUEL E. DOUGLASS.
Subscribed and sworn TO before me. this 7th day of
''"'' NA'DO -O'i-'D' CHARLES WALTER Up.
Mr.. Carrrington then read the of Jhna 16 1862,
relative to the empanelng of jurors In the District Of
The law requires that the Jurors shall be selected by
by the Register of Washington, and the Clerks Of
that they shall in the presence OF ali the said oicers
be deposited in box and that the said box shall be
apalp0 Sunrpma
Mr. Darlington argued that the affidavit of Mfr.
Douglas showed the names had not been regularly
deposited and contended that II the trial were pro-
empannelled, the proceedings would be Illegal.
Mr. Darlington submitted four objections TO pro-
ceeding TO trial now, as foows:-
Frst-That the jurors were not selected according
to law.
second-That the were not drawn from the
Third-1 hat the list was not preserved as It should
have been; and
act of Congress. Ei'her OF these objections he
argued, would prove fatal In the OF trial In
regard to the first proposition the law plain that
all three of the officers refeHed to- constituting
Board, unite in placing the names in the box.
They we're constituted Board for thatpurpose, and'
officer could not do the work devolvlng upon all
Congress never INTENDED that this duty should
devolve upon any OF these officials He then re-
the law had not been fully compile d with. In
clusion Mr. Darlington stated that the motion thus
submitted not tor delay. The prosecution was
ready and anxious to proceed with the trial OF this
case time have they been disposed TO delay.
They ready now, but the jury mas not been
drawn in accordance with the act OF Congress, and
section of the act Of June, 1s6 the court could pro-
ceed at once e emp1nnel another jury The court has
plenaIy power to proceed in the matter and the
talesmen