The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-02-25
opinion or impression you say you have

formed ?"
The following were excused after reply.
ing in the affirmative to the first question
Of the Court: B. II. Berry, Phil. Haxall,
R. L. Page, John F. Allen, Louis J. Bos-
sieux, r. b. Styll, B. Beecher, F. Mat
thews, l.. Harvey, John o. Taylor, J. II.
Coghill, William Fay, J. r. Chamberlayne,
Fl. Beckman, P. J. Crew, L. T. Chandler,
James E. Riddiok, William Hayes, r.
Gathright, B. F. Boyle, NJ. Irving, Samuel
McCubbin, L. L. Bass, William B. Court
ney, T. G. Walter, William Kelley, s. L.
Williamson, ". E. Dibrell, 4. Pizzini,
Charles Gennett, G. Wendlinger.
To the question Of the Court in regard to
his feeling competent to act as a juror
without being Influenced by any opinion
previously formed, Henry Miller answered
that he did feel competent. he also an
swered other questions satisfactorily, say
ing that he had now no .frsd opinion as to
the csse-it was merely hypothetical, and
formed on hearsay evidence. Bad express
ed an opinion once in conversation, but 1t
was not at al decided.
The Court directed him to stand aside for
the present.
Mr.. Johnson Do We understand your
Honor as refusing to accept Mr.. Miller as
juror?
The Court: We have not. He was told
to stand aside until it could be established
that a jury composed entirely Of men who
have not formed or expressed an opinion
cannot be obtained.
The defence asked leave to file bill of
exceptions to this direction of the court, be-
lieying that the talesnlan should have been
at once accepted.
Mr.. Gilmer wished it to be distinctly un-
derstood that the Court had made no deci-
sion, but had reserved it. He trusted no
bill of exceptions would be signed until
there had been decision.
Judge Ould expressed the opinion that 3
decision should have been made imme-
diately after the competency Of the juror
had been proved.
The bill of exceptions having been pre-
pared, the Sergeant proceeded with the
calling of the tales. H. W. Tyler, R. E.
Blankinship, J. A. Lathrop, - Merri-
man, James Lipscomb, W. G.. Bentley, L.
s. Tower, and N. 7. Pate, were interro-
gated as usual, and excused.
These last-named persons exhausted the
tales.
Mr.. Bundy thought the spirit Of the
statute had now been completed, and that
it wes apparent that o jury could not be
conveniently found in the corporation of
Richmond. He therefore asked that the
Court certify this fact, and that tales be
issued directing the Sergeant to summon
thirty-six men from the county of Alexan-
dria and thirty-six from the city of Norfolk.
Judge Guild opposed this motion, insist
ting that it had not been established that
jury could not be obtained from among the
seven thousand voters of the city of Rich
mond. The defendant had right to de-
mand trial by jury Of his vicinage, and
the fair and proper construction of the
statute referred to required that the legal
material of the city should be entirely ex
hausted before the Court goes elsewhere.
He asked, therefore, that at least one more
attempt should be made to get jury here,
even if that was not followed by others.
He entered his solemn protest against
leaving the city under existing circum-
stances to obtain jury.
The Court Well, if the defendant asks
it, we will direct that another tales for $50
persons be issued, returnable at II o'clock
tomorrow morning.
Mr.. Bundy said at this rate it would
take thirty-fve days to get jury, and
three thousand forty eight men would have
to be examined.
The case WAS then adjourned until II
o'clock this morning.