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

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The Court took the list which was
drawn by the Commissioners and myself,
SO authority to summon the jurors.
Objected to, by defendapt's counsel.
because the paper could be produced.
Geo. w. Kneiss. Ssoora.-I am CLERK
of the Commissioners; made out a list,
purporting to be of Graud Jurors, on
the 9th instant. saw. the Sheriffsign
it yesterday moraing. The Sheriff got
this list yesterday The list was not
signed; by the Sheriff until after the
Grand Jury was discharged aud paid off
/ Defendants counsel rest here, on this
point. u a3I
/ Prosecution called VIM. Dick who tes,.
titled as follows:
+ am one Of the Commissioners of Bot
ler county. Twas present at the draw
| ing Of the Grand and Petit jurors This
paper is the list containing the names Of
the Grand and Petit jurors, for March
term 1867. | presume itwas made out
at the time Of the drawing. aa
Prosecution offered to prove the
names contaiDed in the paper, identical
with those in the panel attached ard re-
turped in the yenire of Grand jurors,
Objected to by Defendants counsel
| objection oyer-rIkd and papers coinpar-
ed aud received as evidence.
Mr.. Dick.-I signed the paper The
same persons, here mentioned as Grand
jurors, we're certified by the CLERK and
paid off as Grand urors a.. O. Christy,
John w. Brandon, and myself, are the
Commissioners of the county l think
We were all present at the drawing Of the
dury--ceri aiply two of u.s. The Sheriff
was present.
BY the Court.-Tbe Assessors 10 ma
king their returns, seldom report the oc.
cupatioh Of taxables, nor in all eIses their
full christian names,
Crossed Egamined.-I know of no
/ other panel or list Of Jurors having been
made out except this, until the 7th Of
this moath after the Grand jurors had
been discharged The Commissioner
authorized the list to be published in both
papers,
A G. Christy s,eorn.-I am one Of the
Commissioners G OF Butler county-hav
been for two years. The Shorthand two
Commissioners we're present at the draw
ing of the jury. This is the list made
out by them. l took this list 10 the
Citizen office and requested them to pub.
lish it, and furnish the Herald with a
copy for publishing. January 14th,
1867, was the date of the drawing of
the jury
The Herald offered-this is the list of
Grand and Petit juror
| Defendant objected to the reading of
any published list, or any other hst un--
authorized by law. Over ruled.
The lists were read and compared
They are the same as furnished hy the
ommissioners for publication in both
papers. The Assessors do not return
the full christian names of tho taxables,
and therefore, they cannot be, in
all cases, placed in the wheel; that
is the reason why the initials only of some
! of the Jurors are given instead of the
christian name w. W. Dodds, and A.
| N. MCandless are universally known by
their initials, and pot by their full chris,
tian names.
Crossed E1amined.-The list made out
by the Commissioners differs from that
attached to the venire in that the latter
I gives the occupation of some of the iur-
ors and the former does not. This list
is not signed by the Commissions RS, nor
any other list. 1t is not customary &c
sign it, for publication. 1t is signed by
the Sheriff There is no law authorizing
the publication.
John b. Butler smorn. - Am printer;
worked at the Herald office in January
set up in type the list Of Grand and
Traverse jurJrs for March Term, 1867.
This is the list furnished me as cow
This rs the Herald newspaper containing
the publication.
Mr. Eastman re>oalled. Question by
the Court Il cut from the newspaper q
list of Jurors and posted them up IN my
Office.
By. Prosecution--I entered the names
OF the Jurors ON the minutes OF the Court
labout three weeks ago.
Prosecutors offered the newspapers and
the certified copy OF the lists 'of Jurors
in evidences:
Objected to because there is no certifi
cate OF return showing that the persons
named therein were eyer drawn as jurors.
That it does not contain the surname and
CHRISTIAN name OF each person; nor his
occupation or addition. 1t is not slgued
by>the Commissioners or any Of them, OF
by any person for them 1t is GU its face
wholly defectiye apd void for want Of
legal formality and in failing to set out,
in formal manner, Sufficient descrip.
ton of personal identity of the persons
named therein.
Mr., Thompson, on part Of Defendant,
argued the law upon the question very
learpedly; referring TO the Act of As.
sembly on the subject, and to decisions.
The Court suggested that the argu,
ment had better be suspended until after
the balance Of the papers we've offered IN
evidence as they all seemed to be involv>
ed in the same argument. The question
whether they would be received is the
point to bc argued and decided.
Whereupon, MIR. Mitchell, on part OF
the prosecution, offered the returns Of
tho venire of jurors; the newspapers; the
slips containing the names Of the grand