The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-15
TRIAL OF JOHN H. SlIRRiIT.
Judge Fisher iii and Unable TO
Attend Court.
Judge wylie Presides and Hears the
Excuses of Jurors.

4 WASHINGTON June a. 1867.
Al me hour FOR opening the Criminal Coart this
sornng Judge Wye appeared upon the bench and said
he regretted the fact Judge Fisher
AAA SICK, and was therefore, unable attend court
ooA NShsr had requested him 10 preside, ana "
Zone no would not have felt disposed to act,
asshere were some important causes pending In the
Circuit Court
Mr., penepont desired TO know what was to he done
with all the jurors THAI had been summoned From
what bad already tsanspired he had no doubt that
counsel both sides could agree upon any arrangement
with reference TO tho jury but IL question what
would become Of tue action that had already been
taken In Jury not obtained by Monday, when
the next term OF Che court commsnces
Judge Wye said he had mot fully examined the case
but his impression that II the jury not
tanned BY Monday the would have be continued
Ar. Msrrick suggested that Judge Fisher had init
mated the ncxt term would not commence until ten
O'Clock Monday morning.
counsel suggested that, in order 70 save time Judge
wyie hear she excuses Of jurors; i would not occupy
much time and would enable the Marshal TO supply tho
places OF those who were excused.
Judge Wyie said he would hear only such excuses
were absolute In themselves fcr personal sickness
ssckDess in tho family, &C. but no others.
The names OF the talesmen ordered yesterday were
then called. The following offered excuses, VIZ
John NcDermott George T. McGue, james Mosi1aun,
George A. Behren, q Q snyder y. H. Redenour George
Bases Moses Parker Ncsolas Acker John r Mitchell,
Wm. Balsnyne, Vim. Finn, Patrick Fleming James
=: Dennis, John A. Markriter, Columbus Alexander,
VIM. II. BALDWIN, yno. W. Smms, John T. Grum, w. b.
williams norman b. Smith, Peter Hepburn. VIM J.
Re<issroke, wn MoIain, James Mcguire, VIM q. Bar
bury George l. Sheriff. Samuel Bacon, William Bryan,
Amos Hunt, Lot Flannery, and Isaac W Ross
Daniel Brecd asked TO be excused for tho reason that
no bad been raised and educated aQuaker and was o
poeed 10 capital punishment
Judge wyic declined pass upon the excuse, leaving
LOT inc indge who Should Try the case
Thomas Young wus.excused on account Of being an
Invalid.
James Kelley said he was in government employ, and
VIM Orme was excused his physicians certifying that
ne wa. physical incapable Of sitting ry In pro
William Halmick offered rs an excuse that he had con.
scsentous scrupies upon the subject Of capital punish
Decided 20 bea QUESTION for Judge Fisher TO pass upon
Douglass Moore and George Crande excused
Mr. Jcnkin Thomas presented . certificate from Dr.
Aagruder certifying that DO subject attacks OF
nnammasory rheumatism and asked TO be excused
Mr. srrmgtcn suggested chat any liable to
Sadse wylie declined 70 excuse Mr. Thomas.
when the name OF Mr.. 3. H. se,nmetz called
JudRe wye said he had . note stating that StcinmetI
H. and he would therefore, be excused for to-day
ssked 70 DO excused In answer 70 the question Of
che Court he said he owned real estate but paid
school taxea Judge wyhe thought Nr. Pearson was
g H. Lane. Francis Lamb VIM H. renney and
John Grader we're excused BY reason Of physical dsa
George r. Quick said be had excuse to sfer except
ehAs hts fhtheS-naw died last night Judge Wylie said
COsN would MOT sN to-day and probably morrow,
and he would not, therefore excuse Nj. Gulsck
M P.slus Thyson IVES excused fsr reasons sasisiac
eosy 70 tho Court
Mr. A. b. Stoughton said ne would not offer his per-
oenaI business excuse but he hoped to be
sa business insrustcd 70 him by clients who would
ssGer He was not excused
James Topham excused account OF the
stous Illness Of child, VITO 10 supposed 70 be dying
eendtoD
J. J. May returned BY the Marshal non est
James e Kennedy sasd he was not vosidcnt here.
He paid taxes property, but claimed his citizenship
- Rsw Fork and voted thsra Judge wyne said v WAS
question Of domicli, and he excused Mr.. Kennedy.
JOhn Wilson sAid he he'd no 70 oner account
- miuss In his family. They were all we'll, but there
bot himself " attend his business, and
ebat would euner II he werc the jury. He had not
been able 70 see bis phyac1an this morning, or he
might have obtained certificate for himself
condition Of Mr.. wilson he would await certificate
nom hrs physician.
n ". Browning claimed 70 be . resideot and . voter
N Maryland snd was excused
George W. Riggs excused on account OF important
business which could not be neglected.
George Willard had bean previously summoned M q
member Of the Grand Jury for the ensuing term OF
court, and was accordingly excused.
John Alexander returned ~ In New York, but he
would DO summoned upon his rstsrn 70 this city.
Was suggested that the Marshal should tomorrow
morning summon taesmen in the places Of thoee to-day
Marshal Goodng said he had been ordered 10 Summon
hundred taiesmen, but had been able 20 do
for want Of time and had been able only 10 summon
tbose above named. In making up the full list OF
hundred he would supply the places Of thoss excused
Judge Wyle directed the Marshal 70 continse TO act
under the order issued on Thursday.
Tho court thea adjourned until to-mo5ros At ten
0,elOck