Evening star., 1867-06-12

fairly, and impartialiy executed in all ITS re .
| quiIements. The three officers specified in the
act of Congress stand in the place of the Mar
shal or Sheriff. .Juries who are summoned to
try cases in this Court, must not only be sum-
| moned properly, but must be selected in obe-
dience TO the req uirements OF the laws. The
case OF o Cornell can scarcely be said to be
regarded as law in this country, where mere
forms at this day are considered as OF mere Sec
oDdary importance when compared with the
substance fthe law. Ifany partialty or default
in the sheriff or his deputy in arraying the
panel, gives either party the right to chal-
ride Sd Blackstone, 359-then such partlaiity
or default on the part of those who are substi-
tuteo for the sheriff must likewise be good
of New York it has been held, in the case of
Gardner VS.. Turner, 9th johnson, page 26O,
that the drawing of % names by the clerk from
the jury box instead of S6, the number re-
quired by law, and the selecting OF &c by him
ontiof the ~, and his directio to the sheriff
TO summon the 36 thus selected by him, was
spcn default as would sustain challenge to
the array. In the case OF James Mcguire,
ptatntfhi in error, VS. the People, defendants in
error, ed Parker's Criminal Reports, page
l4s,1 II was held mat inasmuch as the
Distrlet Attorney was required by statute to
issue his precept for sumnoning the petit
jury, jury summoned by the sheriff without
sach precept was wrongfully summoned, and
the conviction by such jury was held to be er-
roneous, and the judgment of con yiction was
reversed. In the State OF Delaware, prior to
the year 1850, the law regulating the summon
Iuk VI required tnat In cases OF over and
terminer the jury should consist OF the 36 lu-
rors who were summoned TO attend the court
OF general sessions of the peace, and twelve
otners specially summoned for the court of
oyer and terminer, which two courts were
held at the same time and by the same Judges,
with the exception that in cases OF oyer ali
four of the law judges sat together instead of
the three, who held the court of general ses-
sions.
In the case Of the State vs.. John Windsor,
5tn Harr, SIP; indicted for the murder Of his
No SHyh oh frto fGcN
able bench, and by counsel distinguished for
their leanrIng and ability onieitAer side: a case
which was fully argued and considered, it
was decided that inasmuch as the act of AS
sembly provided that the thirty-six Jurors
summoned for the Court of General Sessions
should also be summoned to attend upon the
General Sessions jursrs had not been so sum-
moned 10 attend the Court Of Oyer and Termi.
ner, although they were there in attendance,
the mere failure Of the sheriff to insert in their
summons notice to attend the Court of Oyer,
was suhcient ground upon which to
qussh the entire array, and it was
Tst v,s~ Ins Il would seem at
grounds in either Of these cases was an objec-
ton merely sticking In the bark, and yet
sucn Is the careful regard which courts ia this
Jurors and the securing Of a fair and impar.
tlal trial on either side that they ever re.
CURED strict compliance with the very letter
OF the law, no matter from which side the
cnailenge may be moved. 1t is lust as inn.
portant to have fairness and impartiaIity upon
the one side as upon the other; otherwise the
trial OF criminal, however deep his infamy
may be made mere farce through which his
enlargement is to be procured. If it be i'm
portant to observe the mere forms Of the law
1t is IL my opinion of much greater imp srtance
fully to comply with the least of its substan-
tal r. quirements.
Believing, therefore, that the substantial
requirements of the act of Congress in this
case, providing TOR the selection of a fair and
impartial jury, bave not been complied with,
but entirely Get at nought and that there has
saoIde Idedaaa daaI aJR ns the part OF those
place of the Marshal, fer the purpose of ha wing
them exercise united judgment IN the selection
OF a ii the persons whose names are to go in the
jury box, am constrained to allow the molten
OF challenge in this case. L do not consider the
fact that the present panel were Improperly
drawn by the CLERK of GEORGETOWN, who had
no right TO put his hand into the box, because
the objection which have allowed lies even
deeper than that.
1t is therefore ordered by the court that the
present panel be set aside, and that the Mar
shall of the District of Colombia do now pro-
ceed to summon a jury Of talesmen.'
Judge Fisher then ordered the Marshal to
summon 26 talesmen; and further ordered the
final discharge Of the present panel, remarking
that they would be paid off by the Marshal.
The prisoner remained in the court room
some time after the decision was given, fen-
gaging in conversation with his counsel and
his brother, who sat near him, J seeming to be
in very cheerful spirits. Most of the crowd
had left the room by Ills, at which time he
was conducted to jail-the Marshal having
morrow morning. At 11.30 the court ad-
iOurned,