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

white men--N qualified for Jurors This the
register Of Washington failed to do-to select hi
four hundred he did not select man. Not /
man was selected from the county or from George
town. from the HrSt Of which forty should have
been chosen, aud from the latter so.
Not one single requisite has been compiled
with. They might just as we'll have selected a
Jurors negroes or non.residents. Not . namt
was taken from these lists and they were no
valid as jurors, Of course. Even the box wa,
not sellod when delivered 10 the clerk. as Is 70
quirod by law. Ho would not, for q moment
charge the clerk with misconduct, but q cleri
might DO unfair and stuff or allow the bsx to b,
stuffed. Not one act did they do that was not
contrary TO the statute. The clerk Of George.
town drew these nsmes and he had no NOR
right to do so than one of the learned counsel on
tho other side II was evidently anticipated by
Congress that II might become necessary to set
aside jury, and they had provided for that con.
tingency so as to prevent IL. ...
Mr.. Pieuepont quoted from the act Of Con.
gross directing how jurors shall be drawn, and
how vacancies by death, &c, shall be oiled, and
he contended that these requisites had not been
complied with. His learned friend urged In the
early part Of his argument that, as men had been
convicted by illegal juries hero, they should con
tinue to use illegal juries Now, he did not up.
prove Of doing aay such thing. He said II re.
minded him Of the Indian who was informed tina,
"
that be had been killing his enemies all bis life,
and he intended to continue to do go. II was
just like the woman in the Sandwich Islands who
when apprisod by the missionary that II waI
wrong for her to commit adultery, replied that
she should continue to do so, because she had
done 60 ever since sho had been married.
Because they had always been doing wrons
was no reason they should ntinue to do wr"ng
II was the best reason 10 tho world thnt they
should discontinue that mode Of trial II Is the
duty Of tho Judge 10 SEQ that the laws Of the dis
trict over which he presided are carried OUT thai
the jury IL drawn Just as the law directs, nnt
not to pass such defects lightly by. These mel
thought they would Ak up a jury as they pleased
and not BY law as provided. This the juds'
| should not permit.
Mr.. Pieuopont desired to proceed to trial a
as carly day rs possible and that might b.
done tomorrow as we'll ms later, and he hoped 1
would DO done This Is the hrst crime oil thi
kind ever tried by civil tribunal in this coun
try. II is the FIRST case Of trial Of a man for tn
murder Of a President Of the United States, ant
thus distract the country and disconcert it. ii
hoped that when jury would be properl
brought together they would obtain verdlc
that would satisfy the whole country.
At II 30 p N the court took q recess Of tel
minutes, at the expiration OF which
Mr.. Bradley, sr., said be knew of no case i
which no loathed to discuss the question Of law
more than no did In this case. We are toll
that jury is to try the ASSASSIN Of the Pres
dent lie thought the learned counsel shoul
have said charged with the assassination Of tn
President"
| Mr.. Pierrepont denied that he had used sue
language. and referred to the reporters notes.
Mr.. Bradley said It was the purpose Of th
defence to try the prisoner before jur
against whom no breath Of suspicion has bee
uttered. The predicate says the panel shall
exhausted before another panel can DO drawr
and no panel having been drawn none can DO e,
haustod. and consequently no jury can be oil
tanned before tho month Of February noTt, o
which to try this case, should this jury DO d,
clarcd illegal and invalid
1t has been decided by the most dgniao
court in England (fltcen judges on the benci
that an array can only be made against q jur
on the ground Of the disqualification of the of
cor or officers preparing jury. and no sue
charge md here been brought by tho counsel {
tho OF Ter side.
Mr.. Bradley referred to 7th Wendell, ALL
which provides that the names must all be place
In the box before any Of them arc drawn out
the box. The 5oth section Of the same act pr
vides that the ballots placed in tho box shall
folded and in the case where the ballots we
drawn contrary to this act, tho mistake or II
formslity was not deemed sufficient to quash Il
proceedings with such jury. Also, referred
page 426, Of the same work, to show that, ey,
where one or more Of tho jurors drawn had n
been summoned to attend, tho jury was oonsi
cred perfect and valid He would say that the
was no error apparent on the record Of the
, drawings, and there was no reason, consequentl
why this jury should not try the case in han
No challenge can 10 made to the array Of q
juryi 1t must be to the disqualification OF q
sheriff or officer performing that particular dut
/ Mr.. Bradley stated that II looked very mu
/ as II tho counsel on the other side-in fac,
, morning paper, so asserted-wanted to nboli
. this jury because there were sixteen Catholics
g.. 1t; tat It had boon so announced In court. n
Bradley said that after the panel had been
haustod tho Marshal could go out and SUNNI
8 talismon from among the coiored mon Of the
y trict, fthey were otherwise qualified.
{ Mr.. Pierrepout begged leave to disagree
that opinion. 1t was all 4 mistake, and nc
. but white men could DO summoned.
o Mr.. B. replied that the word white did !
occur In the section providing for the solecti
q OF talismen after tho regular panel bad be
. Withdrawn, and negroes could be drawn. I
. statute provided for just and impartial jul
r and If those officers made any mistake, then
0 would ask, Was the Jury m illegal onei and,
i so, could they got another jury before ne
!. February? lie contendCd that, according
o tho argument Of the other side, there was
IS jury here at all.
d District Attorney Darlington hero lifted
J.. tho Sunday Herald and said he saw In 1t
d article not at all complimentary to himself
10 was the article referred to by Mr.. Bradley. Nc
he would state that 1t was the furthest from
II desire to cast any reflections on jurors, or a
II others, because of their religious opinions.
rs objected to no man because Of his religious son
Of ments. Tho article did him injustice.
" Mr. Bradley here inquired Of the Judge II
II could not give q decision on tho case In pc
10 before the close Of the day.
Y, Judge Fisher replied that he did not see b
10 Il could be possible for him to render decis
t. In this case before tomorrow morning, as
N court m bane had several important cases to
40 heard tomorrow, and there should be consul
10 ton before there could be a decision rende
~ in such cases. He desired that tho court sho
d, reassemblo at O'Clock, If agreeable to coun
~ on the morrow
40 To this the counsel agreed, ard the court
journsd, accordingly, at 1850 p. m
A. Gurratt was again ironed and conducted to
Is quarters in jail
d During part Of tho session Judge olin sat "
is Judge Fisher on tho bench.
Al an carly hour, and during the entire |
AZ eoedings Of the day, the courtroom was crow
e with both white and colored people.
Id Orphans CoURT-Judge PurceH.-
~ Yesterday the will Of Frederick A. Birch
~ ceased, was proven and admitted to probate
~ record. ,,
IS Tho wills of Elizabeth Morrison, deceased,
OF for real estate, and the other for personality
Iu fully proven, and letters testamentary issued
1u Adolphus Lindenkohl; bond, So,OOO
~ Tho will Of Thomas Goudall, deceased
va filed, fully proven, and admitted to probate
Gu record. Goo. r. Quick and Geo. W. Good
/. the executors by the said will appointed
~ uounced their right to qualify, and letter.
nv administration, Q. l. a., were granted to Han
w all hnnd 40 900.