New-York tribune., 1867-06-14
THE SURRATT TRIAL.
THE SELECTION or THE EJURY-iRGUMENT on QUAIL
FcAlONS- THREE JUEYMEN OBTAINED.
BY rEtssEAPn TIRE TRIBUNE

THE SELECTION or THE EJURY-tRGUMEST on QUALE
fCAIl0Ns- THREE JURYMEN OBTAINED
By rEIssAAPn TIRE TRIBUNE
WAsHiNGTON June 13-Thc case Of John II Sur
raft resumed this morning The room was crowded
as heretofore ne prisoner brought into Court
few minutes past 10 o'clock The Judge ordered the tales
men ordered yesterday 10 bo called rs follows:
William Todd, George Mattngy. This gentleman
sent letter 70 the Court in which he states that while
Wilt 20 hs country. hc is exempt grounds,
namely he e> gcd carrying the United States mails.
and is G5 years of age. He eXcuscd) william
II Tenncy William y Dole, andrew J. Joicc Ths gen
tlemd1 sent note to the Judge from Dr Thos Miller.
saying that Mr. JOices child is dangerously M. aud his
presence IL necessary AT home.
The cart: What do you say gcntlrmsn1
3r Bradicy: The e&cuse Is IN the discretion Of the
Court.
Mr Crrringiou We shall intcrposc no objection.
The Judge, alter examining the law, said he Hd me
discretion and that ~ his child sick, he. under the
circumstances would not like to be compelled to
jury. Nj JOicc and others were excused.
Mir Bradley said that six gentlemen had heen excused
and therefore n necessary 20 summon others 10 make
MP the panel. Tie Judge said he Lad been informed by
the Marshal that II would probably De oclock ocnIc ne
could have the parties here Mr. McT1ck thought 1t
would be better instead o bringing ~ SIX or seven c"-
cjsrd aud others will bc examined on their roir are
Mr Plerrcpoi replied TINT counsel had no objections 10
that If II was within the law The Judge Thought II
would Ice better 10 20 and eyanuc Gentlemen on
their rOjr dire, ~ order to time Nj Bradley sug-
gcstcd that this could not bc doEc until t" 70 tnesirn
are summoned because TIE defense lad lght 10 thal-
The Court took q recess from ~ O'Clock TO o'clock
AFTERNOON sISsION.
Tho Court resumed business at O'clock tn" JUDGE
excused VIM VI Ngorc on the certificate 1i ms l{sl-
clan. Tho Clerk called tc n1mr, oi The additional il,
men as follows: Robert Ball Ecuy NJ. Knight, lno =.
Ellis Terrence Druly VIM y. Sinister. and Slrl Fowler
The Two ps' named did not respond 20 Their names, ma
Wgrs'a nrfaG That VIZ, T. Hac could not H. foumd.
and that Ira; m rLilpp laG cii Nashington to l"sc
passage for L"i"pc The names were ''heu al" :"
Br bradley said they now ready 70 proceed with
ola
Thought It their duly 10 file ncir challenge 10 The present
The Court allowed II to Lc fled
lir. Brcdig-Nc hold tia' The panel was NOT lawfully
summoned. II the Court ovcuu.c tins' We wAJ ah al.
The paper was read as follows:
TIE epr-- Clpri fbe Ii NJ Noibi', The United state
agi Jchu o. ,ufttn le Grim a'i Court Mrr Term l"-A"l
r said Marshal oftr District o Columbia. 900 oecfcr 60 ilc orrr d"
r Crrt made DO m easrc u hr instant this ly males
r.uTl hh sao a u'a bath n Court lcrr 2o rror' ar
ura panel which 90 ai Co t' thr sl cusc 'tl lr
ises Of - loo 90 aI r,i aoat rl bf hr Cer i s'i
sui tct having answered O." t ".mr. O., were cd'd
Tho s,i John Co. su- o., r'.l.n. doth oie c af1r OF
;e said Panel t,r tr -h aata plainly cif p ilr records snl
proceeding. B., ti- ra iHrors a'r lcH sa"
o e according 1r 1r- i rH'r' tern OF te Court
asf uo rar . been s rrir, t'tc pisr'i im d" iHr
Court .I Old, Iau . juror, dar a ff sanaitl have been
place, BOZ l prIr..- oi tt t tl aft 'c %, 'oa-r '
ur A. ari ro,a- m '.r I " ai' t''rr'r ia ibr several
coa of i1ct Awio'''j 49, '""f before r'1. '''' ''
rer.r l.. Co. 'ie '.sin- l4- Therefore l-le pave
Judgment flrr retrr ar tar sa Alr' ari r'a
IN Co.r, h-. o.. q.-..-I Na.u,E. Hsapasi assn nat'..
-aur-.r.s ,,T sarra't"
Tho counsel ON b..h sides. consented tha, thc d,ensc
should ,iI.hc i.om t.r i. ."i ih ''i Ii9 ln' , , "
state fnur-ilus ica,iu- twelve 90. tr jury. Ii"rr
selected vtrc W!liirW D. Ir.. Iu d. ILNali', t"hlS
Bo-trn. i ~ lI lhomI d. l ,i.' o." . 'l. '' , ''
tn. j.. C.uai. llna'io y ,.i, t"nl, -''l} TO- Ii
l, l',. ,. -.. i,,' to I,,. ' .,,. , ...or,
ILr C.u'-I vll g-a t.r-. -l'.e'arn whether ih'}
r,ni.l,nirr. %. would ur.rl1tr ti.rm G,l ildrra1
verdict oi Eilf, % tir Dr." it ir tt"-irr ih-.H" IT,
There arr trW it.-,i- rii-'" .' Guy '' I'.l.',' "
ana uak IGlsas tic Noi.i u-. Deb winch l"".I can O
Ir Mrrt.-h srry sitting r, hc case ha, lttr To- do
with tlc consequence oi l'p verdict i."l "l 'i"n 'i'
uotrirr to dou. Iuror- % Trey nic opr"-"l 10 .al
Punishment. thrf may 1- r.iH' 10 ' I' Ht '", '
with tlc copscg grcuc,- oi fh- trr.rt
Tie Count ..id seemed tint b. uc C.ni' Vas nni si'
~, , '''l, t ~ ,' ,,.1 i.. ,lir. ffi lr ,v ina
r, SSt r , 1,,-roi-c II Uar.i uu, lc %
n..,n, 4. .c.r "a dur- ~ allow .r, Irr1ra te, ~
NJ C.ln.s-I have f,riu,d ard csrr,,-rd n4 opinion
jIc E.l,i. 1T b. nothing more that f.r dat iusors
ie i.ied o, tc ,r'i 81 tbe oihcr lseucs aud & conuc,
0f suci d u ~ thc prisoner noW hrfr e.cr fe asds
.inaion oi President Lm,o.n. 1m dardcliy hHsnd
don't thuE would therefore b, justified l1 Iiuht 700
This case. don't feel 100 thc conditional mind lu ht iH
Judgment on tiis prisoner dout feel llc taking tac
life a. t. Hlau. prut.-. a-Ii' ing compelled @" 20
as juror u ;lis c.i,, so Thar ha b.ru l.d a c.HN
nrutTy 20 thr jury hut we ha," matter 20 decide ior
ourrel,,s. lou caimo. sJ o f-. "" ,l1il c''c on
how our human Judgment con luLc in iilf
verdict. n brought zoe verdict oi guilty. might c"-
yic' an ilrocrHi maii hnd % verdict "i not Sui'iy
mieht cast on the community murderer
lhc to'f-In the pr'sr.i ASPECT 'c 200 other course
than 10 put eat! man on Dis rD't 3fr
a uuubrr of juror. were -lcu c. .aniiurd
Mr McrrcG said 70 vas cAcccdng'' an. .uli 10 gri
jury 20 pas upon th Guilt or hnocrcc % tr prisoner.
Who stood charged with the nrrrof Pre- dnut Lincou
Lui y jurors Wclr kcd whether thF had formed dh
opinion as 90 tle guilt ot iAnocrr,r oi oi"t pafr1
named u the indictment 90 co-cun.li"tois jury cund
not be- ob,iincd IN thl- dstIG uF m the lm'd Sin.r.
BE presumed there va. 40 intelligent man "Io had nor
formed aud expressed the opinion thrt Boutu tAo.
Lincoln ard hc presumed that huf Few ad no' oppressed
al opinion ihdi the hl. cf ol 9utlHit tu"It" "''''
without competent testimony To cuuyici hr such puca
Tho question lof tht llt to IVY ih lHa ,a va,
snrrait guilty of the murder OF Ir'sidrnt Lincoln
The indictment charged that thc murder Has committed
a. 'hc result OF piracy l ytruu. parties II charged
the prisoner at the bar one ~ thr coef1t"is hd
committed the murder. The gentlemen summoned as
jurors may entertain the oll" th"t I"u' "I l' u'
PARTIES conspirtOrs. and yer HF Int nave icfru
~ Tie nix the consprators The inquiry OF he United
States Attorney was not pertinent. ..,..,
by abundant authority; thar II was pr"%r 10 AK me
question that in The answer they might grt ht il
qualification of the Juror where thDrc sucll an m
dctuicut. The reason against the putting ~ thch %
question the statement that thc counsel on me ocl
United states who did believe that Nh 1utlatt Was
illegally executed: and therefore jury cond not be
Nj Mcrtich eX Xpaiued lie had said mat There Were
but few or lo Intelligent persons Mo dOunicd Booths
killing tho President and hc also presumed icic were
hut few who had not also formed an opinion That Ms
Surr.tt was executed on Insufficient evidence
MI PicrcpOui resumlDg. said hh ircnd now stated
the subject strongly than before, ana Ma presented
this 10 the Court a. reason why the Court should eN
cude the question Both sides had earnestly tried 10
get honest and impartial jury, and having exhausted
ther power, they thrown back upon the law.
hlhOu M counsel for the United states had undertaken,
In every possible way. 10 avoid 49, lhcy must now take
the law. However long h might take TO get ~ result,
they iuteLdcd 10 pursue u 20 The cna Ihe indictment
the prisoner u the nar with being chEageu WIN
Booth Payne and others. II Juror came here ana SAID
these other consplrators guilty then quit would
attach 10 tins party. according 10 his opinion IL the