American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-03-13


is fled and posted up, is the proper place
to examine the list of Jurors.
/ The law requires. the return of the pan,
ell annexed to the Yenire to contain, the
name, surname and addition of every
Juror sun mpued. But this panel con,
tains only the initials of many of the
I names, as W. W. Dodds, &c, who ap-
pear on the paper purporting Ia be an
indictment against the prisoner, as the
foreman of a Grand Jury. No one could
tell legally what Dodds was meant, or
what the initials sigui6ed The names
should be written in full, 81 ~
On Monday morning last there was not
single legal juryman--either Grand or
Retis-in attendance on this court. There
was no return to the venire until Fhursr
day the 7th inst. The writ was not in
the Clerks Office until yesterday. q He
(Thompson) wished to see it, on behalf
of the prisoner, and the Sheriff went to
his house for it. r, The return and panel
attached were made to day, after he had
given notice that be should, at the pro.
per time, move to quash tAe array of ju.
rors. If there was no legal Grand Jury,
there could be no legal bill of indie tment
against the prisoner. That WHICH pur-
ported to be an indictment, was Of no
more Legal consequence than if it had
been drawn up by twenty. four intelligent
men proniscuously assembled anywhere
in the County of Butler Hence. they
could not be asked to plead to the bill of
Indictment, nor to state their objections
to that instrument until after the Court
had decidad upon the motion to ouash
the array. s, r.
The Act of Assembly apthoriz,ng the
Court, in the event of the array OF jurors
being set aside, to issue venire return
able Immediately, does not apply to Grand
jurors. II only applies 10 those who are
to try the cause, to Wit !, petit Jurors.
Hence, if this panel fails, the cause will
have to be postponed until next term.
I Adjourned until to morrow. r
Friday, March 9Th, 1867.
The. prisoner was brought into Court.
Mr.. Thompson, on behalf of the defend.
ant, asked leave to file the reasons for his
motion to quash the array of Jurors.
Granted. lie also desires to file affidayits
of the officers of the court. Erparte.
The Court refused, but permitted the
officers to,be oalled and testify.
T. Nj. Eastman, Clerk of Conrt, called.
Objected to on the part of prosecution,
on the ground that it went against the
/ record Received dehOrs the record.
I-am Clerk Of this Court since Decem-
Der, 1866. lam still Clerk Of this Court.
Issued three several papers purportipg
to be yenires, which we're delivered to
the Sheriff. l have not yet. been furn-
ished with list of grand or petit jurors,
| by the Commissioners, nor any other per-
son. There never wassa list of Jurors
put up in my office, by authority. A
printed copy of the jury list, signed by
the Sheriff, was put up. The Sheriff
filed his return to the venire on Thursday
last, and it was marked of that date. 1t
was not filed until after the bill of indict-
ment had been found by the grand jury.
Gross eramiaed-I have a minute
book containing the names of the grand
and traverse jurors this is the book.
made the record contained in the same.
Record shown, exhibiting list of grand
aud traverse jurors for March term, 1867.
On Monday morning, at the opening OF
the court, called over this list OF grand
jurors; those present were marked, and
were sworn and empaneled as such, and
acted as such. The list attached to the
venirc is the same as that recorded in the
minutes of the court. They were called
over, sworn and charged in the usua
manner. They found bills and present.,
ments which were duly recorded. They
were discharged, certified and paid as
Grand Jurors,
The counsel for the prisoner said they
made no objection to the manner in which
the jury acted--they admitted that plo--
ceedings were regular-they objected
the legality of the jury ip the first
instance-prior to their being sworn and
charged 's' .s.
Mr.. Mitchell, for the prosecution. then
offered the record Of traverse Jurors, and
compared it with the yepire as attached
to the record. There were several dis,
crepencies in the names; but the jurors
answered to their names when called by
the Clerk from the record. ]. could not
state the day | put up the printed list of
jurors in my Office probably month
ago. The traverse Jurors were called
over every morning, and answered to
their names and acted as Jurors.
DIREoT.-I took the list from the pub.
lie newspapers. had no other means
of knowing who we're the jurors. The
published list, nor the record, is in al,
phabetical order, excepting the Districts
from which the jurors came.
! received an order for an enlarged
venire from his Honor, Judge Moulin,
in open court, relating to traverse jurors;
but none from any quarter relating to
grand jury. TH'rfIF
Sheriff Storey called and ssoo,1. Am
Sheriff of Butler county. These papers
purporting to be vepires were placed in
my hands. l made the return to the
writs on the 7th. l made no return un,
til after the Grand Jury was discharged.
gave the venires to Mr.. Thompson.
counsel for defendant, on Tuesday of
court. They were handed back to me
BY the President Judge, on Wednesday.
When they were handed hack to me