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


cept to the Clerk for issuing the writs of
venire that the this rule had been com
piled with. i, that the judge, had ordered
in open court, precept for the enlarge,
ment of the panel of qrors, lie read
the act of Assembly. The .paecept for.
drawln 6 and snmmpni9g the jury we're
contained in one aud the game order
The Sheriff needed no new writ aft9r the
drawing of the jury, to instruct him in
summoning the me, He read the re-
turns of the Sheriff and Commissioners
to the venire and thought it su uffieient'-
They had the facts of the order for tho
rrecept; the drawing and sum moning Of
the juFAFs; their names residence and
occupations, SO fat as they can be ascer.
tai ned L is. objected that no certified
list was furnished to the Sheriff to post
up in his Office. He took his list to his
Office, together with the slips which were
taken from the wheel. He summoned
the jurors irom this lst. 1t is imp6ssi-
BILE to give the occupations o. Jurors in,
this .ounty, because the Assessors do not
make returns OF occupations, nor Of the
christian names of the taxables. S,that
upon this pein' the objections must fail.
The Eep appear and answer to their
names. Two lists of jurors sre to be
made out by the Commissioners, in al
pkabetical order, with names, suruanes
and additions, which shall be furn ished
--one 10 the G ERIK # the Court, and the
other to the She iff, to be. placed up in
their respective Offices ior the inspection
Of all concerned. This had been sub
s.antiaity done The Commissioners au,
thorized TIE publication of the panels Of
jurors. in. the newspapers; they we're com
pared and proven correct With the copy
furnished by the Commiasioners, and this
printed LIST vas po ted up. The veuires
we're returned to this court IL was tio
late to challenge the array of the Grand
jury after they had been organized,
brought in bill aud it had been accept
ed by this Court. They should have
craved oyer of the array Of Grand jurors
before tkey we're organized because, if
the array should be quashed at that time,
the Court would have had p1wcr to or
dsr. special vepire for. a new Jury. He
| referred to authorities in support Of this
position. The list to be furnished the
Sheriff was to enable him to summon the
jurors that he did SUMMON them is an,
swered BY the fact that the jurors are all
in attepdance. The Commissioners had
done more than was necessary-they had
published it in two papers; there was
ample means of knowing who we're the
triers of the defendant there were lists
in every Office in the county. The duty
Of the defendant, If he had no kuowi.
edge of who were his triers, was to have
come into court on Monday, and deman>
ded oyer Of the Grand Jury; but he has
not done so, Ee has waited until they
! have found bill, transacted their busi.
ness, been discharged and paid off He
is too late now to take advantage of any
defect in the empaneling of the jury
Mr.. Mitchell cited numerous authorities
If the Sheriff had refused 70 make his
return, on oyer Of the jury having been
craved by the Defendant, or his attorney
on Monday last, the Court would have
compelled him to do SO, by fine aud i'm,
prisoRpent hut the wheels Of justice
are not to be clpgged nor impeded by the
lacbes or neglect of the officers Of the
law, unless the rights of the defenda n,
were jeopardized thereby.
Mr.. Thompson, on part of the defend
ant, said Mr. Arlington had no stan ding
in this court until after bill of indict-
ment was found. He could only say he
was prisoner in the county Jail, on oath
Of Constable of PortsesyilIe He would
have been answered by the Court if he
had erayed oyer of the Grand jury on
| Monday: We have no Knowledge of your
case you are not in Court legally; we do
not know you The defendant had no over
to challenge the array on Monday. He
had no status in court But notice wa S
given that these objections would be
urged as they are now urged, before tn {
grand jury was discharged, to wit on
Wednesday. There can he ~ t1ie3m e,,
drawn 10 fill an entire panel # jlrors
they can only be called rom the Dy stsp-
ders to Fl II w An exhausted camel Fhcra
IS no iaw,np au hJri.- "a aly " the cook.
to warrant such prGceiure Il thA
Grand jury were the most i1teiligen,
up,ight, honest men Of the cdgnty--ii
they were. rot a legal body properly drawn
sumnopsd, rftqrned, org inized aud
sworn, they were nothing mo than a
mob, and had no authority to fiud a bill
of indictment for the highest crime
known to the lrw Mr.. Thompson ar
gued at great !epg,h, citing authorities
to support his reafons to quash the array.
A the officers Of court Clerk, Shar
i'll, Commissioners, Commissioners Clerk
and even the printer, were called to prove
that which should appear on the face Of
the veuire and its return--on the record
to wit: who are the Grand and Tray
erse jurors. Such proceeding was nev>
er before heard in the annals Of jurispru-
dence- The precept issued by your hon
or, ordering an enlargement of the panel
of jurors, is net DIRECTED to the Clerk of
the Court, nor to the Sheriff. nor to the
Commissioners. nor to any person what,
ever. II orders nobody to issue venire
IL might as well be executed by the Su>
psrvisor as by the Clerk Of Court. lie
demanded the-consideration of this sub,
ject very earnestly, as matter Of right
ard ba,nan,fx,