The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-06-11
Trial of Surratl.

WASHINGTON, June 10.-The trial
of Surratt commenced to-day. The
Criminal Court room was crowded.
Judge Fisher took his seat at $3.50, and
the court was formally opened at III
o'clock. The jurors were called and all
but four answered to their names. The
prisoner was brought in at 1880 o'clock.
his hand cuffs taken off and assigned a
seat beside counsel. Surratt's face is
very pale and he wears o careworn and
troubled look, but family smiled occa-
sionally as he received the nod of an
acquaintance After setting in the
court room for some time he engaged
i'm a lively conversation with counsel
Merrick, and was evidently much
amused as he laughed heartily.
After all the preliminaries Judge
Fisher asked If the counsel We're ready
to proceed.
Mr.. Bradley replied that the prisoner
was ready and had been 50 for weeks.
District Attorney Darlington said the
prosecution was ready to proceed. Be-
fore proceeding to empannel the jury,
however, the prosecution desired to
submit motion to quash the whole
panel Of jurymen, Us they were not
drawn according to the laws, and the
names from which said jurymen were
drawn were not selected according to
law.
Mr.. Darlington read the affidavit of
Samuel K. Douglas, register of Wash
ipgton, stating that about the first day
of February he deposited in the box re-
quired to be- kept in the office of the
Clerk of the Supreme Court Of the
District of Columbia, four hundred
names, each name being written on
a separate piece of paper, aud each paper
being carefully rolled up as part Of the
names from which jurors are to be
selected under the provisions of the act
ofCongress, June 10, 1852. That at the
same time the clerk of the levy conrt
deposited 40 names. and the clerk of
Georgetown deposited 40 in the box.
That the names deposited by this official
were selected partly from the roll list of
Washington city and partly from the
names of citizens who he thought well
qualified to serve as jurymen. That
the names of persons so selected
by this affidavit as registers were
not communicated by him to the clerk
Of Georgetown or the clerk of the levy
court, nor did they at any time know
the names selected by the affiant, nor
did this atfiant know at any time the
names of those selected by said clerk
of Georgetown nor by the clerk of the
levy court; that the names having
been deposited the aforesaid box was
returned to the clerk of the court of
the District of Columbia and by said
clerk sealed, as affiant believes, in the
presence of this afiant; that the petit
jurors for the March term for the Grim
inal court of 1867 were selected from
names deposited in said box on said
first day Of February and were drawn
by the clerk o. Georgetown, as the affi-
ant recollects and believes, the names
fore stated, and if It appears that any of
the names for Washington, deposited rs
aforesaid, are in the handwriting of
any person other than this affiaut or his
clerk, the same were deposited without
the knowledge or consent of this affiant,
and further, that this affiant says
the paper or papers, containing
names, whose names are written on said
400 pieces of paper and deposited as
aforesaid. He cannot now find il though
be made diligent search for the same.
Mr.. Darlington read act of June 10th.
1862, relative to empanneling juries in
the District of Columbia. The law re-
quires that the jury shall be selected by
the register of Washington and clerks
of Georgetown and a levy court, acting
conformity, and that they shall, in the
presence of all said officers I've deposited
in boxes, and said box be sealed BY the
clerk Of the Supreme Court. He argued
that the affidavit of Douglas showed the
names not 10 have been regularly depos-
tied and contended if the trial proceeded
and the verdict rendered by jury
thus empsnnellod, the proceedings
would be illegal. There need, however
Do no delay, for by the 5th section of
the act Of June 18th, 1862, the court
could proceed 1T once to empanuel an
other jury. The Court has power to
proceed in the matter, and tine Marshall
may be ordered to summon a Jury.
At Mr.. Bradly's request, Mr.. Douglas
was sworn, and testified to the truth of
the affidavit.
Mr.. Bradley moved for recess to al
low time to examine the law, to see
If they would 60 to trial with the Jury
now empsnnsled. No objection being
made, the Court granted the application
for Q recess until tomorrow and the
prisoner was remaHded to Jail.