The national Republican., 1867-08-14

| the same reasons Of q Judgment that I have
heretofore acted upon in setting aside tho grand
jury. It, therefore, is not 4 new question, and
1t is, moreover one which has received q good
doal Of renectionj and, as far ss was concerned,
reflection oolored with great reluctance TO undo
the work Of . term. II was regarded by mo
as . question so serious In principle, Of so much
Importance, and beset by such difficulties, that
the circumstances supcrvening its adjudication
would not justify me In allowing cases under Il
to 60 on 70 final verdict and Judgment. The law
required that the register Of Washington and the
clerks Of the Levy Court Of the county and
Georgetown should construct a jury list, and
under that create q jury Of given qualifications
and In given way. They did not do so.
Their error did not rest In q minor irregu.
larity or In an incidental or accidental defect
In such case the court might have considered
that the law was merely directory, and subject
TO the decision Of the court effectuating its in
tent, and SO ruled as to keep the error from delay
ing or preventing justice. But the error ON.
braced funnamsntal departure from the law,
included within the range Of juridical consid.
Grafton on the bench. The vice involved laid
at tho foundation Of the Jurisdiction Of tho Joint
convention. II Is not only not shown that the
officials complied with the law, but II Is proved
that they did not. Instead Of getting together
tho names Of all tho citizens Of the city and
county capable OF serving on juries and furnished
W ehou W cncu uicrh reitCttu Uy MS OWn
unadvised judgment number Of names and
pitched into the box his own portion, and whom
all, in turn, had completed this, they certified
that the work was done. II tho law had clothed
each Of these officers with an independent right
to act, such proceeding might bo admitted,
but no one can read the statute and not see that
1t did not. The action was equivalent to no
action at all. The law has been not complied
with, and the box Is an empty box. In this
Wow these officials were bound to proceed de no.
20 to gil the box according to law. So far rs this
much Of the question is involved In the motion,
II 10 res ddjUdiedta. II has been determined by
two courts upon the unanimous opinion Of all
the judges.
Now, as to tho question of practice, II this
question has passed into adjudication. Is this
the proper form Of proceeding and this the
proper timer Tho prosecutor has made neither
plea or demurrer to the form Of proceeding and
no objection In argument which the court thinks
we'll made. There Is no defect In the form in
which the matter comes before tho court, and 1t
has the authority Of reason and precedent.
Then, Is 1t in season It Is urged that it is
not that II Is q posthumous motion, good II
born in reason, perhaps but coming too late
to effect tho vitality Of this judgment. The
chief reason given for this, Is that the term at
which the indictment was found having expired;
with its expiration had expired tho right to
make this notion that court, judge and jury
are eivihtr RiortHHs. This position Is true
to some extent, At least. II Is true that the
power Of the judge expires with tho term, and
his authority over IT, such, ceases forever, for
this economic reason, that there must be au end
OF the term, and an end Of judgment, and this
could never be, II the court had retroactive
power, and could plunge into the expired term.
To this extent counsel Is right.
But there are proceedings set in motion In
one court and one term which continue to
another. Ifthis was not the case, tho indict.
ments found would oil fall with the court. All
defendants would doubtless 60 far this con-
structisn. But 10 these cases Jurisdiction
ceases not until the supervention Of Judgment.
1t survives each term in the precise legal status
1t left the last term. II stands on the first day
Of the juno term as II stood on the FIRST day Of
the March term. Has judgment ever acted or
operated in this case II I am correct this in.
dictment comes to this term with all the rights
and all the disabilities that Il had at its incep-
tion. II SO, this motion Is In order. In point
Of fact, the law does not consider lapse Of time
except as an indication Of neglect or waiver Of
q party to pursue his remedy. 1t must, there
fore, be concluded that this plea Is pleaded on
this motion made In due timo, and Is entitled to
tho full force Of It's merits. As to nil the cases
which fall within the reason Of this plea, II Is
better to rub them all out and begin anew, and
stand henceforward on secure and legal ground,
the purpose Of helping out limping indictment
The motion Is sustained.
The court said further, that It was not in
tended by this decision to open the windows o
the jail. He would take care Of that and se
that all parties were held to answer judgment.
United States vs.. John McCarty Keeping 4
gambling house. Mr.. j. ]. johnson moved tC
quash the indictment in this case on tho same
grounds as maintained In tho former case. The
motion was sustained, and the indictment
quashed accordingly.
United States VS.. Schoder. Mr.. Riddle, for
the defendant, desired to call the attention Of
tho court to this case. It had been promised
that q nohe pToseqm should be entered, but 1t
had not been done.
The case has been ready for trial since Do.
cember last. The defendant was clerk in the
Treasury Department, and had been charged
with stealing $50, 900 In bonds, and the manage.
ment Of the case had been left to q clerk named
Lee, who was shortly after convicted Of stealing
$2l, 900 In bonds, and sent to the penitentiary
The evidence relied on to prove the guilt Of the de-
| fendant was proof Of his being the Identical man
who negotiated for the bonds with New York
bank. Schroeder had been carried on and the
cashier of the bank had made oath that he was
not the man. In the meantime his store and
stock Of goods at Battle Creek, Mich, had been
seized by the United States and sold, and since
that time bis wife and children had to depend on
cnarity lor supsistence'
Mr.. Darlington said tho case had been re-
ferred to Mr.. Wilson, and as soon as he heard
from him on the subject he would be ready to
act. The defendant was out on bail, and post
pOnement until December would make no diff.
ference
The Court said that these delays ought not to
operate to the injury of the prisoner
Mr.. Darlington was ready to enter tho nOhe
proseYnl now, and It was so entered.
Mr.. Riddle asked the court to consent that the
bonds Of officers King and Smith be allowed to
be fled, to date back to the first day of the
term.
The Court said that the bonds might be filed,
but that any act done by n constable before CIV
ing bond was e1trajudicial, and that the sure.
ties on his former bond then expired contracted
no liabilities therefor.
District Attorney Darlington then went over
the docket and entered noHe pyoSsqRiS in some
thirty cases, the court giving its consent.
The court then adjourned sine die, and closed
the juno term.
IlI NI1N nTCT IT'D MIN