New-York tribune., 1867-06-11
pRocEEDlNGg IS CorEr.

TELKoRiPH TO TRIBUNE
WASHINGTON. ID. C., juno l0.-The trial Of John II.
surratt was commenced TO-DAY, and II the aahsorbing
topic Of trsaton quite crowd had assembled In
about Criminal court long before the hour
announced for tho opening Of the Court Before 0oclo'k
spccuatons were rife ms 10 whether not the trial
would take place Many who not disposed 10 endure
the of tho crowd and who simply desired
the qualification Of their curiosity by seeing the prisoner
gathcIcd about the City Hall steps and In Judiciary
square and patiently awaited the hour when the prisoner
should brought from the jail The excitement regard
ing the much greater now than was on the ath
~ May when the case was first set ior trai; and III
anticipation of pressure Of a large crowd ample
arrangements had been made FOR the preservation
Of order, with the view 10 prevent encfoaeh-
mcnt upon the privileges of such persons rs
were entitled TO admission within the bar The system
~ sunc tickets has adopted and found effective
In preventing confusion. At - O'Clock ms morning
Judge Fisher entered the courtroom and took is sat
up0i the bench. The Court formally opened at 10
o'clock the attorneys for the defence MT Merck and
the Messrs Bradley. being present Tue
and Mr.. PicrTepOut, counsel for the prosecutors s"pst
queuy entered the room Tie Jurors were caiie' ana
an excepting gfouranswered men names AZ ll
this morning the prisoner was brought mo tpuII ,W
Marshal Goodine Inc Pisonor "as , hannG t mn
face, excepting mustaehe and go1tee ne wears M
hair long hanging about hls neck lie was dressed
I'm dark sult Afer being i'm the Court few moments
the handouts taken of, ana hc was assigned su
wears 4 carcworn troubled look but he family sih!cd
occasionally ~ he received tie nod of an acqnalnt-
nucc After sitting IN the court room Tor some tlr,
he engaged in a lively conversation with ms coun,
sci, Mr.. Merfck aud was evidently much , amused
~ - ,ery =, sot vib the bar occuu,cd Among the au
ditos were large number Of colored men After all the
pre- rcminarics had been arranged Judge fhIef Ashtu ~
s1rfat's counsel Mr bradley replied "Thc prisoner is
ready aud has been for weeks" DstIicAttorney
ton Was ready adv 70 proceed With The Trial OF Jon H.
ratt charged with the murder OF the late Iesoel 1i
the United states, Abraham Lincoln ON the lith OF April
1895 Before proceeding 10 impannel jury however
the prosecution desired to submit the following mo
m tae srprene court oJ ne District er co,aIn the case q
IS so % @ ds to G sse ion a5 ofJane l. D. the United
the aid oha H. suInIt By the respective 1iGr1s, ana
by their attorney challenge the Of tie sad panel because he
% law Vhe said juror drawn wee not
selected according 90 law Wherefore be pAs en AM hA' 'Aa
panel may be quashed.
Mr. Darlington read the following affidavit in support
D,iri Of Columbia County @ ga'.9otoa s BE !. r,@s@
he that this 7h da Of June 1867 seor. m the ,GsS !sie Of
sonsy appeared Douglass who bng dry asEos
ss ns % ss ai w.npsSa s %SSi CIV ia1 tie 6 %
I oarsa be lsp IL the Office Of Ee supreme Court
Of The District Of Columbia 40 names each nsas beng ~nsq s
up part which Jurors wers TO be selected
n nsF' at i't ~ ..ss tine Ie 1 ccS Of Es Levy Count %o
S1 30 n Z, in S nsms 1Ss es p g & sS T ~ BY b @
from The poll In Int Of w,'sH.1 o and party from Ss % ss % 2.
Of the selected By 'i shAn, q se were 10.
clerk the Lvy Court did they at any lime 1sov The
selected b. this Gmaut, dd tht Anlaht KNOW AZ
suT time those selected by said CLERK Of Geyeiosu
the having deposited
a. are.ad the CLERK Of the supreme Court Of
Columbia and by sad Clerk sealed, this tant
March term Criminal Court 81 1867 selected drawn FROM
the names eooed said boz said tst dag VI febraar an were
drawn CLERK Of Georgetown this aaut Iecoecs aHd befi
that ihe names Set, esPSea u, & name T as % M % @ "a
a., drnosed the handwriting other
clerk thea the deposited without the
sr"aise or consent Of snani al, a that the
papers containing Tire Of those whose were written
Of aud deposited Aforesaid be cannot
ind although made dllgehi search for the SAINT
Subscribed and sworn before this 9Th day Of jane A. D. 1851
CHaaLKs WALTER Justice 1.-THE Peace.
NJ, Darlington then read the act Of June l6 1862, rea
tive TO the nnpanneng Of uries In the District OF Coun
h Tho law requires that the jury shall be selected by
the Register OF Washington and the Clerks OF George
,nw, and the Levy Courts acting cOnOiDty; that they
shall In the presence OF all the said officers bc deposited
H.; my and that the said box shall bc sealed by the
1'lsr f the Supreme Court MI CaTrington argued that
the ardayit Mr. Douglass showed that the names had
ms, haen regularly deposited, aud cOntended That III the
r,1al were proceeded with and verdict rendered by
,nrv inns impanneed the proceedings would be Illegal
tot,ia now as follows First That the jurors weIe not
selected according to law Second; That Their names
,cre pnt drawn from the box according 10 law Ihfd
THAT the list not presented, hs ~ should
have hcen: and, Fourth: that The DOx was
nn",,' Scaied as required by the act 0f
no, Either Of these objections he argued would
fatal I'M ease OF trial In regard To the hrst pr0p0
alton te law was plain that all three OF the officers re-
ferrd 10 constituting board must unite IN placing inc
names In tle box. They were constituted board for
i nrnose and one officer could not perform the work
dnvoyIn ppon all three OF the officers congress never
Intended that this duty should devove upon any one OF
lesc ggis.s. Ue then gsts1IsI IL -. "'--'' "a 'A