New-York tribune., 1867-06-12
the Of hs motion OF else he did rot want have

made yesterday to allow The MaIshJ 10 Summon a
Jury and and ty the at once Before This tlal
concluded, the defense would discover that the
United States earIes in this matter rs the other
side and the pnOc mind wonld be set right on sucets
about which thero have been many runoIS ahd un,
founded reports Since he had been in the city, he lad
heard t said that surratt not ~ be tried and it
said that they would not dare 10 hIDg the asas-
circulated that after former trial, men oi hgh ana
prominent position kept the President from the exercise
Of Clemeney; while tho truth 10 was me tfI'h o
record which would be produced here that all that was
done on that former trial received the sanction oI e
enssed for and against tho prisoner Ie would assve the
counsel for defense that the prosecution ready and
In this there something than ordinary
tial. On April H. 1866, crime was committed which
IT. IT, "ss I. th ov IoS mn @ M ~ " & hoInvc Gov
been enced IN that crime ard he was here 10 he tried
and the prosecution desire 10 try him IN decent way
ne shai be tried fairly and by Jury brought here by all
the ferns Of law; and the Whole country viii know that
the man WAS tired fairly and Justly, deiended by
Ssndsrd S a Sd rS nSt m y'r%ci Motion @
that purpose, that all men may say mat ms S sch
panneed hIr PIerrepont referred length TO the case
of the Queen agt OCOnncl, quoted by Mr. Merrck and
IN reference TO Mr. Bradlcy's suggestion that the
defense would waive all right TO except 10 tue tai Mr
valid, the must be tried according 10 sw. lie be-
lieyed 1t wcllseted principle that no stipulation
law demanded that ali eases shall he tried IN strict
cordance with law The counsel for the defense object 10
the challenge the array and hold that there is nothing
IN the statute which justtcs tins lie would sup
pose ease Suppose when counsel came in here they
not turn the law at aud say i not complied
with, because the jurors were not white male citizens
and when the objection IL made that the whole jtis was
not summoned according TO the satnte cannot the same
law be brought TO bear
Mr. Mcrrck asked the gentleman lnerposed any OBJ
lection to the personal qualifications Of the Jurors
Mr. PierrepOnt sad he wanted them summoned accord
ing TO law lie quoted from the law to show who were 10
be jurors and how they 10 he selected ana argued
1t had not been complied with for Mr. Douglass, ne
Register, admitted that all the names were not IN Ma
handwriting some of them having been written By his
clerk Nor was there any evidence that all the nrSrs
selected were tax payers All thatIhe counsel fsf tne
prosecution asks s that the Jurors may he selected III me
way prescribed by law. Let The Marshal summon ms
taesen and the can De proceeded with at once he
could no reason why jury could not be selected ana
the al 70 9n tonorrGw % g o9n owes y 20 oc 20
the like Of which his Honor never before tried and VIII
civil trial or tho murder OF the President Of the United
States. Many had expressed doubts whether Iair ana
important that a the forms of law should be respected
This not merely the trial for Hfe but II was to
demonstrate whether full and ample justice would be
done, and he wanted 10 show 10 the country an honest
verdict from an honest jury and far trai III iur
court.
Mr. Perrepont sald the argument Of Mr. MerIfck in
favor of continuing tho jury reminded HIM ol te story OF
killing OF his enemies, excused himself by answering
why, have always done It," And so OF the woman OF
ary that her commission Of adultery contrary to
Christian principles exclaimed: rive always done ~
had heretofore been done In the selection Of jurors
not good why the ilegality shonld be eonnte
ali history showedahat civil society would protect itself
Godfcrbd that should relapse into the darkness OF
military despotisn. We only want Nefdet Win Which
the country Will be satisfied
Mr. Bradley said he knew Of no case In which 1t had
Of Which he approached With deeper interest than ms
fa Ts an to S oo%s 10 e ss
the other side, and discussing not questions 0t law
but such questions as calculated to have an Influence
nm he 10
npauneled 10 try assassin OF the President 0f the
United states Would not be more proper 10 say one
who Is charged with being an accessory
MI rie1rcpon said be a been s m @ Ses 5 ,0 me
der, as found by the Grand Jury. ,..s-.....a...o.
M mFa6ey ds sa said seca ae naq qns 'es @ S1f % s
defense desired in this case was that Jury shoa pe
summoned and no mors time shond oe 9.; " IlSy
They desired 10 have the tried fay ana ~ aJuy
ccfed slnoe the passage Of the law Of The jurors
here selected were above suspicion; ana wOuu iuukc
fairly between tie Government and the accused rue ue'
Tense desired that the intention ot i"grcss Hu % & %
carried out which intention was to take Iin me Isi
is the only that Try the ease now f"r u te mo
nn5Sr fle law until FEBRUARY next because there
viii have been no panel returned and the authority TO
Exhausted is out Of the question. The predicate i. that
Tie panel must first he exhausted there / no paneI
mon talesmen But there Is graver view oi ts ques
ton We are told that Is the beauty ot the coioh
nroyjsions but Courts cannot make laws, ana HlstO
make a law that the counsel now attempts TO 9nt sp4
Queen agt OConne III support ~ The same arguments
made by the defense and also qn d rom I'm Nendei'
Y Ills pa panel was retained but easy how he
could he prcudiced if taesmen ~,ie 'ummoled dns
defendant could waive his right 10 oiJecOn IheTo
could be OF record and " me de1cnuahi WI
a s iamed 70 he wrong he would bound by the YER
diet There was reason OF public luSuce WY c" Y
shonld now be made but there every mdncement 70
ltxVifl tia
ground against any defect, on the ground thhI ne Whs
ignorant of that defect for he haa beei iny eeoe
composed OF negroes, Mr. Bradley sad ne Thought ne
voIIec the Marshal was not limited white in SC
lectng the taesmen. lie coud select ctzehs VINO Were
taxpayers 1t is this reason that an honest Jury mas
heen denouncedprobablyf for the reason, stated in
newspaper The Aen York Hdudl, because 10 ol .He
present panel were of the religious faith ~ he pms
ener When the panel is exhausted, and the MarSnal
goes out to summon taesulen, he must summon '<e"s
Mr. Pieffepont said thath he held they must be white
citizens. . -, -. ,,,,,,,oraa
the counsel might probably change positions on this dueS
ar Bradley said he agreed in that and lie would ask
black men were summoned whether the defense eouia
Mr Perrspont said the prosecution would do So.
Mr. Bradley said lie did not desire TO give them q
chance lie did not wish put their virtue TO so severe
test He continued his remarks, contending that TO
challenge an ARRAY corruption DE charged II tho
officers lad made mistake Il dd not VIZ ntate m ts tne tst
there was no panel and there being none no alesmeh
could be- summoned, for there was no pane 10 eHaaus
District Attorney Darlington noticed the aasioh OF
Mr bradley TO sentence IN the Washington correspond
ence of a New York paper namely The cause or the
moton for setting aside the panel OF Jurors tne nc.
that 10 of the those Of people OF The Satao no
lie persuasiop" In reply this Mr.. Carrngton said no
one more earnestly and sincerely deprecated Appeals 70
religious preudices than himself Politicians may speaH
thk and ACT as they please but for his part ne woud
eXoise marty spirit and fanatlcism from the halls OF jus
tce He hoped the day would never come Whe Juusco
Jury would be Influenced by religious OF pphucai e"h'
sideratlons -. =, ..,,,, ,ira bis
decision nj clock tomorrow, and the tonit auoureu
nntll that hour The prisoner was remanded To he Gus
tody of the Marshal, and taken back " Ja'l