New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-17
TIE. SURRATr TRIAL.


Tue PROSECUTION OBJECTS TO THE CHANGE OF JUDGES
-ihh OBJECTION OYBRRULBD-A NRI IMPANNBLED. .
BY TELEGRAPH TO TRIBUNE
WASHINGTON, june 15.-The Criminal Court was
again opened this morning by Judge Wylie who had adj
Joheu the Circuit Court until MoHday morning. and
announced That he would proceed TO impanne jury in
the case Of Surrat Judge Fisher continues ILL., and re
qliFes the frequent attention OF his yscans Judge
Wye said IL not his purpose TO proceed with the trial
OF th case but he would sit here to-day the purpose
dcs IN e~ns Jury lie dld not WISH 10 put the par
Monday the proceeding would have be commenced de
here to proceed with the trial At present beth Judges
DIN and Carter out OF the city 1t OaIy for the
own Court and consented TO preside here.
Inc prisoner was brought into Court at O'Clock a m
there being very large crowd IN the courtroom at the
time.
DsrictAtorney Darlington said he was not present in
Court Wheh Judge Wyle made his opening statement
ana ne wanted TO refer 10 the fact the proceedings
already taken would drop unless jury panneled
Judge wyic said that was why he was sitting here.
Mr.. burlington said that difficulty, hut there
another question whether the Jury was npanneled
by Judge and Other Judge took his place to try the
the trial would come within the requirements Of the
law. Thelaw also required that when one Judge Was
trying cause and he requested another Judge to con
tinue Tie trial, chat request should be In writing.
Judge Nyhe-HOw do you know that have not such
Darlington said he could not OF course know any
thing about that but difficulties and lac asked
would he legal proceeding for Judge 10 empane n
athIrd Judge to continue the trial Judge Fisher has
decided some very important points and has emanneled
three jurors and he doubted whether there any legal
right Tor Judge TO empannel the jury another
picte u, and yet third Ia try the case
MI. fleuepont-lt would be three Judges trying one
"a
Judge wylie said that but one Judge sitting was here
andt was not worth while to waste time In discussing the
point raised by Mr. Darlington The law knows neither
Judge Wylie, Judge olin Judge Fsherbut knew only
Columbia OO'''' y ~ - $50 80" .
Mr.. Darlington remarked that he simply desired to
Judge wyc said he was not disposed to make argu
ment In the
Mr Perrpont said that in law three Judges could not
Judge wylie-I not three Judges slttingit Is only
Mr. Pcrrepont said lac doubted whether the could
20 ur legally.
Mr. Bradley asked II 1t would be pretended that ~
Judge was taken sick IN the midst of trial another could
( Mr Pierrspont said-Not in u murder case.
Judge Wyhe sad II the prosecution had any objection
II should bc fcduccd to writing aud he would oyerrue
the objection, a
Mr. Carrngoa said 1t was aquestlon with him whether
the prosecution had IN appeal
Judge NyIie said n there no appeal IL was not
worth while 20 wastc time IN discussing the point
sr Carrmgon sail he had simply called the atteStion
Of the Court To the subject was his duty To do.
Judge Wylie said he had no doubt that Mt CaTIugton
felt u duty 20 cali NJ this matter bat he would never
several Jurors having been called, and their excuses
heard by Judge Wyle.
furthcV proceedings today
The DistrctAtorpey ON the part OF the United STATS
objects - any proceedings TO inpannel jury on the
ground Aat tls Term enae on Monday next, June ~
1907 TINT sc Judgc TO Wit Fsler assiged 10 hod inc
present tssn h Sick and noe prcscu that he was pres
ei Thpv~ay last; that aIsthcr judge to w.t. Judge
Caricr u s.sed 70 ,hs nex ,ed ., I1 NINA &
jury by Iudgr Fisher II Is submitted Dy the District
Attorney D. Illegal 10 proceed before Judge Nyne 10
complete the tBpunBeiing OF tho jury Ia this case.
EDw AltD &. CAEHINGTON,
June Is iss7 q Attorney fcE the Dist OF Columbia
The Court overuled the obectlcn and Mr. Darlington
excepted 20 the Ialing. .-.,.,
frqows: Vim B TI.l j. X. Barr. Robert Ball. George A.
coaim6us Aiexnnd'l Vim. Mclean, IL. =. Morsel, Bent
r. sliding, and WA. ". birth. - -
Mr. Darlington suggested that the twelfth Juror DIT
Birth. DE not now sworn. n ordc, that the jurors
had not thcr broters on the other side
That The panel Soa not ~ 'ho' wre work wo1I he
os unie-s all sworn recess cDuiu nOMesor ne
Mr. Picrrrpou said this question nut before Judge
.brr the day before he left the bench and the cOnclu
sion announced from his seat lie derupont supposed
counsel both sides had agreed that II ,he jury VIII
be complied with This could be done on Monday WIN
out keeping The jury confined IN, tno Inea Ith a I'm
error the conciusions IL was sugSessed tt tnc
time Limited Tor the ,hni NJ t S common law term 81
court ended till the hrst day oi me suceeeag
term Bn there w ssn r. d doy a. new term as TO the
old one He understood that the case eou MOI De con
to-day II eXpedient that the Juross all be sworn
to-day 49,. .,,o,,,,,
Darlington said his Ol)cct was
moi be kent I'M confinement til Monday morning. -
some further Discussion the Court ado urncd TIL
10 O'Clock at night 10 swear I'm the twelfth juior
Tho Court rnssembcd at 10 o'clock in the Circuit Court
room, pursuant 10 adjournment at - orlVeh u ime
prisoner having been brought into Court JndSe WYE
aunounccd the fact and asked tile counsel II they aa
any propositions To make The jurors wctr theh cns
and MIR Birth the twelfth Juror, was abOlS 70 DC sWo,'
when Mr. Perrepont said he did not know what c3neiu
SION had been arrived at In reference S id p
allowing the Jury 10 separate JudGe NAIo saiu ~, ~
knew nothing OF stipulation, ana could ony pass "po"
such agreement was consented 10 ny sch, q, tho
amid
Maud of he District Attorney whether the jury cou
separate after having been iuipannesa III ihuIuer
' A. BRADLEY said the. whole subject matter OF
s,recnent l.f Weeu council aud he proposed u Had
siinnlaton that tho defense had offered. . -
1ndge Wylle said he had desire "a hear H. necause
ali naTtIrs must first agree and II wasfor the court 10
decide what had been agreed upon A. o.a,,,,oD-
Mr. Bradley said the whole action OF the prYseovto
sermed To look though an appeal was 20 ~ IN
tbe decision of Judge Fisher and Jdr Myie 70
Justice Cartier, and II was 70 prSNos M r aSncit
Monday that the defense desired 10 nav ' ip1 -,
,aniou ronscuted to- Iffthe prosecution ncriIeu "
have the jury separate they cOuo "srTo ~ '"'''
ton. ...,..a 90 hin, TINT the stipua-
a.. tinted States was perfcGtly fair, nailcy, lnat
The nry separate until Monday witlnnt pfJuuiec " VI"
rights OF stS What objection aya you 10 stipuas
uonl We nsrict Attorney wllsonwe have an cxeep.
tion on file 10 the imnannehng ol tS aavantage
SHs will accept that, and Will MODIFY our
nrn,ost IN that way, but not dDpriVe ourselves oi TUG
ght OF ana settled by tho counsel both sides that
,h inv should be- permitted Ia separate The I0us' %
admonshcd the jury 70 nave no and rewarhsS, am
dSS3 IN think that under the act OF congress tnIs
tar ~ extended shanot therefore, order t~ 1ous
adtourned In the course. put NH ,,Is al