New-York tribune., 1867-06-13
THE SURRATT TRIAL.
OPINION or JUDGE TsHER-A NEW JURY ORDERED.
BIT TELEGRAPH TEiBrSE


rELEeRAPH rRIBrN
WAsmINGToN June l2.-1he trial Of John II. Sur
ratt indicted for the murder OF the late President Lin
cOln resumed this morning in the Criminal Court,
Judge Fisher presiding. Tie interest in the case con
tinucs and the crowd in attendance to-day large
upon any prev ious although the Court was
announced an hour earlier than usual The
prisoner brought into Court shortly aitcr9 o'clock,
and assigned seat beside his counsel His brother, Isaac
Surratt, accompanied The prisoner INTO Court ana occn-
pied seat him The Court was formally opened "a
short time before 10 o'clock Judge Fisher stated 10 the
Bar that hc could be present at 9OCOck he had
pected, on account OF being much mdspOsed. Judge
Fisher said that in regard to the motion OF the District
Attorney challenging array and To quash the iury
panel upon the affidavit of Mr. Samuel Douglass, he had
considered the arguments of counsel on both sides and
would now proceed to pronounce his opinion upon the
motion Judge Fisher then delivered the following
7ie JSrd oq, John H. s[oa adicad Jr ra,d,r-M @
Of c @S B, 80 Sl 2g 6sd ~ &' ge,,,,, t Of S ' "
The act OF Congress approved June l6, 1862 enteG
can Act the selection of Jurors To serve IN the several
Courts of the District of Columbia provides for the
selection Of jurors IN the following manner tlrst III
tom ON or the day of February TO prepare
list such OF the white male citizen taxpayers rcsidn
within tins city, whom he may deem best qualnea 10
serve as Jurors in which he may include the names OF
such qualified persons on his list Tor the previous
year, but who did not serve as jurors me Ierk OF te
Levy Court is also required to make list by the same
time, and in like manner from such persons qualified 10
jurors who reside III i1t portion 0 the District
not included IN either oi the cites of Washington or
Gcorgctown aud the Clerk of the City Of Georgetown is
required TO make at the same Time ahd manner st oI
persons qualified To serve Jurors from citizens OF similar
officers is required To preserve su'n ist so hdS ia lhc
archives of his Office and to transmit tie same 10 bis sue
OF each 0hccr III hs separate onl'iaI ciPa'l' Il,
The lists for the three principal divisions
Recistcr of Washington, City the names Of aJo per
SONS and from the Georgetown list the names oi ~ per
names OF 40 persons The 1T section, winch imposes the
duty Of preparing the lists oi qualified jurors treats Of
one is I'M the exprcss language Of the act "to mako a
list each IS permitted by the law 10 place upon his
list Of the prev year. in the discretion Of the o-
making thc same may seem proper The ste are 70
one preparing and having the charge and saic keeping OF
his own , Of the persons for his Own respective district
controversy this IL is made the duty OF these
three officers TO act together and select ia their JOINT
When to the second section Of the act, which
prov dCs ION the number OF names 10 hc tctStcd from
these several lists u persons qualified 10 serve as Jurors,
vrrii,, n, thil his own iurisd,,fion or precinct
We Nud that the Legislature 40 longer USES tie word
IN, is;,s -, bis hi the officers niorc,d an of them
not one or two hlt an three of them, shall select from
the s OF the Register Of Washington CITY The names OF
Uso rct.s from that of the Clerk oi Georgetown
persons ana from that Of the Clerk of the Levy Court 10
persons. While the work ot preparing tie three j. the
several labor OF the officers indcpcudcut Of another.
thc work of selecting the go dcyoycd upon the
moi utlllr bc necessary HAT tlcy should all three meet
together and at the same ic aud place agree upon Inc iV
names 20 Doe taken from thc Washington list or the N
but that all the officials Aforesaid shall s,leot
the number oi names prescribed by the statute II one
OF the clerks only shall make TIE selection from the t
ropurcd hy himself even u two Of them shall make
The selection, This VIII not meet the requirement ~ Tie
law. The principle has been too well cttahh-hed hN -
long current uf decisions o. ut questioned tat when
the law ciJoiuug upon three more Tie duty Of per
forming ai act without giving 10 h"ii} th rgWt' 10
aci ln the premises all must ac', or hr action of those
who do act is q Htiiiyi ana ih'ic j. not 30 tic
statItC In question one single word or s!uahie tlt
looks IN the least toward selection 20 De
made from The thrc lists 81 any OF them
except 10y the. uiltcd judgement OF mos "L''l
upon whom the duty is imposed. u j. INST certain,
therefore ihaI me tiir lii'' h"Nl ''t DIT h"hNt '
Clerks aud the REGISTER i- 90 prepare Dis own lists sever
thr oiccr. aort,tl ih'l li' rl't. r''l"A "i U' '
OF Congress further Proydcs that 'hc uam,- selected
so folded on rolled np il'i i' name In" ne .,, ',l
paced n box 20 bc pro. drI hy ne k'fi.ef and ',ik
ai,i .tio ,i' roTc. tha She naes are
he ty nan d srch lnrcs shan be- drawn hy the ccfk
f fs court who D. publicly break the sca 81 the bon,
aud proceed 20 draw the requisite number 81 NAMES
Suc ar briefly stated the provisions oi the act o Con
yrces uon which the motion this quash tho
mray is rested, as understand them and a. arprchcnd
tLcy must Doe understood ly every body possessed ~ or
diuar, capacity aud free from the bias ~ interest or
prejudice There bc no other construction pnt upon
these provisions which Viii not do v"'r TO- hI in,c
utterly pcrycrt the language used ly The Legislature
convey their intention 20 onactng th''s rL"Yson'
II was doubtless the intention 0i C9hg'sss
10 lougG 10 leave IN The hands ot the
ono man The Marshal, or any other single man, the
mower Of selecting uics, IN whole or n part except ~
HE cyiccnccs Of certain cases or which they pro
Nidcd m thc same act and which are of rarc occur
r,ucc hi, power rested oftuutuCs ln Mar,hals and
Shcrn, Nobody doubts this power had Heretofore been
grossly abused. and IN many instances made the m
srumcn ofirjuscc and wrone ana oongfcss thought \,
would better the purposes OF Justice II IL should
substitute the confined secctvc power 10 tniee or Tour
ofccrs-thc Register 0i Washington ,yi me ',ih ~
Georgetown the Clerk Of the Levy Cpur aud the Clerk
Of tie supreme Court IN the place ot inc much abu.,d
arbitrary, and solitary power OF tbe Marshal ihls
uguaec i'm my judgment expresses the incnionas clear
Zach of Ihcsc ofcers Was doubles Intended 10 act az a
safeguard against any abuse which ne artaiity bias
corrupt disposition Of the other might possibly allure
him 10 commit The hhdav,t of sainc! Douglass, ihc
Register OF Washington tity at the Time O the selection
made ~ January or February last. Of the names from
which The prsch panel 0i Jurors " takth shows hiSi
that neither She Clerk Of Georgetown ~ the Levy
coGpcrated with him m selecting the which tho
law requires that these three officers aforcsaid should
select ana that he did not q single name upon the
their lists; the contrary shows that each OF these
fled In the act for their respective Jurisdictions each
Independently Of the other aud without the slightest
two The affidavit further shows that after the selection
OF the bc Put IN the box had been hns made III
utter disregard of the requirements Of tie act o congress
in that behalf, Instead of sealing up the box nnd thui
Oughly shaking and then dep0sitin6 with the CLERK o.
then meeting ancrward in the office Of the clerk OF the
Court Ia witness INN TO break the seal and draw the
Court provided FOR IN the NTH section OF the cI TIE
The presence OF the Clerk Of aud the other OH
proceeded TO draw from the box the names oi ths
present panel 10 which challenge is made This was
also most rcprehcnsihle disregard Of the plain proys
ions OF the act These are the facts upon whcE TINS a
presented 10y the law and the facts. which AL admit
ted by the demurrer for the decision Of the Cot is two
qurc that the Judgment OF all three of the officers named
therein should either united seyeray, pass upon The
select; from the three lists does only require that
the Clerk of Georgetown only should pass judgment IN
| Clerk of the Levy Court upon the forty
be chosen froH The rural portion Of this District, net and I'd
taken from the city, Sccody whether II the act of