Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1867-06-19
surraut's Trial.
WASHINGTON. June l

u AAS A-H
The proceedings n Surratt's case to-day
occupied about an hour and o half, Judge
Fishers decision was listened to with the
closest attention by q crowded court room.
He considered only one of the four points
made by the District Attorney, viz =
That tine names put in the jury box had
not been selected in q legal manner and
said that such grave fault had been COM
mitted by the officers charged with this
duty IN acting separately instead of joint
fY, that he nonldnaLd0-ether wise than
grant q motion to qussh the panel and di-
rect the Marshal to summon q new jury of
talesmen. The prisoners counsel evidently
understood the law well enough to believe
that the decision would be to this effect,
and after its delivery expressed no dissat-
isfaction. The dismissed jurymen were a
very common place lot, and were evident
ly not displeased with their release. The
Marshal Eas been engaged all the after
noon in summoning talesmen from among
the citizens and business men of good
standing, many of whom waited on Judge
Fisher Immediately, to get excused if pos
sible. No colored men are summoned
Two hundred talesmen will probably be
on hand when the court opens. The case
will go on to morrow, the business of the
general term having been finished this
evening. A jury may perhaps be obtained
but 1t Is generally regarded as doubtful
The government has i've premptory chal-
lenges and the prisoner twenty There Is
much dicussion as to the effect Of the prin-
ciple laid down by Judge Fisher IN his
decl- ion some persons argue that as this
Jury was selected as others have been, all
jury cases since the law went into opera
ton in 1862 are affected. Others think
only cases involving the death penalty are
reached ; while still others hold that the
decision operates only on cases tried before
iuries drawn from this panel. Good law
yers, however, say that old maxim that q
"verdiet cures all defects" applies here,
and they are doubtful if a single case will
be ~re-opened. Some Of the motions to-
day were understood by many persons to
grow out of the decision, but this is q mis-
take ; as in Clesver's case, anew trial was
granted q week ago and he was only ad-
mitted to bail. While in Conoyer's case,
if he applies for q new trial at all, it will
be because he thinks he can show that
some witnesses against him swore falsely.
WAsHIEGToE, June 18th.
sURRATT,s RIAL uRy HAD ATLAsT.
A jury has finally been obtained in
Surratts case. In all about 160 tales
men were called, more than half OF
whom had formed such opinions as
made them unfit for Jurors. The Gov
eminent has FIVE peremptory ehal-
lengess and used them before the Jury
was half selected. The defence has
twenty, and used eighteen of them
The jury is an exceedingly good one
for Washington, much better, in fact,
than anybody supposed it would be
possible to get for this case. The men
are all of good standing in the 'commu-
nifty, all old residents, and not more
than two, it II understood, are Catho-
lies /; half are merchants, aud none are
of the class technically called politi.
eians. None are Republicans, though
two or three are that way inclined, and
none were out-and-out secessionists du.
ring the war, though two are now rath.
er prominent Democrats. As q whole,
it is 8 jury that will be likely TO deal
honestly with the evidence, though
they will not need reminding that the
prisoner must have the benefit OF all
doubts. None Of them are men under
forty years of age.
Judge Fisher is still confined to his
bed, and the court to day was held by
Judge Wylie. The District Attorney
raised the point that the case having
been begun by Judge Fisher. all the
jurymen must be selected while he pre-.
sided but Judge Wylie overruled this
and allowed him to file an exception
If Judge Fisher is not we'll enough to
preside on Monday, Judge Wylie can
begin the trial, or the first witness can
be called ; and an adjournment can be
had from day to day till Judge Fisher
RECEIVERS.
Surrstt looked more anxious. to-day
than at any time since the case was
called, and betrayed considerable ner.
yousness when rising to accept the
Jurors.