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

the Jurors, the Commissioners had done
all they could do. No Assessors rsturn
the occupation of taxables.
The returns have teen made and o.r
titled in proper manner; but the rs,
turn was not made on Monday. rhs
defendant had rights in. court on ,hs,
day. and could have eraved oyer of the
Grand jury; and the Court could have
filled up the array by talismen, The
Court decided that it is to quash the ar
ray after bill of indictment had been
found ''N''
The same. arguments and the same.
state of facts applied to traverse Jurors.
The Sheriff was not blapable; he vas
recently inducted in Office; he had no
atterpey; bad found the writs Of his pre-.
dscessor lying in his. Office; he thought
he had right to leave bis there Also
The jurors we're in. attendance, and there
was sufficient evidence, Of, the panel. Of
jurors, having boen placed in such Off,
ces, aud before the public In such man
ner, Us to. prohibit the idea Of injustice.
The Judge was lucid and lengthy in eiS.
ins lis reasons tor oyerruling the motion
to qush the array. The Court noted
exceptious.
The prisoner was ordered to be arraigu-
ed aud pu upon his trial.
Gen. j. ". Purviance, on behalf Of
the prisoner, stated that he would move
to continue this trial nptil ne4t terry. on
the ground that thore was great preju.
dice in the minds. of the community,
against the prisoner; the moral sense Of
community was shocked 1.-TWO men had
been ushsred into the presence of their
Maker by knife in the hands of some
one in an affraye The very fact of the
defendant having been charged with the.
crime, had great weight in the minds Of,
community Expressions Of opinion had
been frequently made to the prejudice Of
the prisoner They would offer the tcsti.
lpony ofthe prisoner and others; and then
move for continuance.
j. G. Mccarthy, Esq, very earnestly.
seconded the Argument of his colleague,
in confederation of the great prejudice
existing in the. piIds of the community
for continuance of the trial lie
said, in all his experience as a lawyer,
aud as man, he had never witnessed so
deep prejudice. Fifteen p,iies from
Butler he had heard expressions which
men ought not to make of any one un>
convicted of crime and, as he neared
Butler, this prejudice was stronger and
more deeply seated. He did not think
his client could possibly go to trial with
anything like prospect OF being farley.
and inpartially heard at this time.
The Court said they were unanimous,
ly of opinion that the prisoner could got
fair trial in Butler county.
j. B. Arlington s,eorn.--I think /
would not bs safe in going to trial at this
tune; | think il the cause were contin-
ued until the June term, / would be bets
ter prepared to go to trial; | have had
no opportunity thus far to make prepara.
tions for trial I could not safely 90 to
trial, because my relations were not here
to assist me. My nephew expected to
assist me, Is in Washington.
| None of my friends were here until
last Monday have no means of my
own to agsist ne ia rpy defense.
Mr.. M'Candless, for defense, said ho
though the Court would hesitate, under.
the circumstances and oath Of the pris,
oner, to force him to trial. lie could say
on the part of himself aud his colleagues,
that the prisoner was poor-unable to fur.
Dish funds for his defense-Atn hunt up
witnesses who might be all important ta
his safety. With Difference to the Court,
there.was prejudice in the minds of the
public, aud be urged that the Court should
temper justice with mercy, and not put
the prisoner upon his trial at this time.
MIR. Mitchell, for the p. Prosecution, re-
sisted the application for continuance.
IL was merely for delay. They had not
placed before the Court sufi cient reasons
to warrant them to grant continuance.
| Mr.. Mccarthy Further argued in favor
o. contIuu rnce OF the cause. He spoke
iecnng,y aud yehementiy
me Cogrl said they were moved by the
e,oquen, appeals IN behaG Of the prisoner,
anu as individuals, they m ght be induced
o. GOaceue to the request for coAtinu>
dHCe' Uut thetc was no ieBat ground lot
lt---not the slightest. They must decide
against the motion.
Mr A'Candless, on the paft Of the de.
ffpdsat, moved to quash the indictmeu.
tor the following REASONS
LIST. The Bilr yaq found in the Court
of Oyer and Terminer, and not in the
Quarter Se ,sious.
I'd. The indictment has not been GER.
tIfed into the Oyer and Termiuar from
the Quarter Sessions.
Sd. Tn Oyer aRd Terminer can try
only such cases as shall be found in the
Quarter Ssss oHs, aud certified into the
Oyer and TeIminer.
4th. The Indictment does not set out
that the jurors were sevcrally sworn OF
affirmed, and that each juror took his cor
poral oath.
Mr.. MCandless referred to the Acts Of
Assembly relative to the subject in sups
port Of his motion rad stated thss this
indictment, In its caption, declared that
it bad been found by The Grand Jury OF
the Court Of Oyer and Ter.ainer, which
was fatal, because no bill could be found
in that Court. They must be found il.