The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-30
Tho verdict In the Bulldog Associa-
tion case-Mr. J. Beli Adams pnb.
IIahna nm q n n n linn.

tion cnse-Mr. J. He'll Adam. pnb.
fishes an explanation.
TO THE EDITOR OF THE REPURIIcAs-
Str, In your issue Of tho 2sth, under the
head Of "vcrdict Set Aside-Jurors must DO
Tax-Payers," appears o communication In
which Il is stated that II. X. Merryman
brought suit, before Justice Walter, against
the "slx Per Cent, Building Association" to
recover the sum Of thirty dollars, alleged TO
have been paid to said association for shares
OF its stock.
As this case seems to have had quite
newspaper notoriety since It's commencement,
aud rs In the communication aforesaid there
appear many errors, ], rs counsel for the
plaintiff, desire to correct such, and state the
true facts Of the case.
Mr. Mcrryman commenced suit before Jus
tlcc Walter against - White, to recover
the sum of thirty dollars paid him.
Upon the trial the plaintiff demanded
Jury, a csHirs .fdcias was issued by the Justice,
and Jury regularly summoned to try the
cause,
At the trial, J. X. Mcconnell, esq, APP
pelrcd rs counsel, as he stated, for the build
Ing association. which was not even a party
To the suit.
The Jury was sworn, and no EXCEPTIONS taken
| 10 By ne counsel for defendant, ,clo, had he
| am objections 10 make, MoNld then hare eIcr-
until after Ne case cds heard on hs merits, and
! n nsrdict rendered, 10 object 10 he legality Of
| He ltrV.
Witnesses on both sides were examined,
and after argument by counsel retired to
| consult.
Gu reappcaring (cach of them being polled
rs 10 his yerdict) they pronounced In favor Of
the plaintiff for the amount claimed and
! costs.
The act of Congress passed March, 1923,
gives either party the right Of trial by jury
before q Justice ofthe peace where the amount
claimed exceeds $40, and the jury thus sum-
moncd TO try the issue are required by the act
to "possess the same qualifications and sub
Icct TO the exceptions now existing by the
laws Of the District Of Columbia"
1t Is only necessary now TO inquire what
were the qualifications Of Jurors prior to the
passage OF this act.
By tho act Of September "A, 1889, Isl
statutes-at-Large, 50, Jurors In all United
States Courts are required 10 possess the
same qualifications rs jurors are required TO
have In the courts OF their respective Statcs.'
Therefore, Jurors In the District Of Column
bln were required to have the same qualiil.
cations as jurors had In the State Of Mary
land at that date, and were so enpannoled
as required by the laws Of Maryland then In
force in the District OF Columbia.
It therefore becomes necessary to inquire
what was the qualification required o
Jurors prior TO the passage OF the act above
referred to.
BY reference to the Maryland Dec. oil
Rights, section 3, "Tho Inhabitants of thu
District of Columbia entitled to the common
law Of England, and the trial byjury accord
ing to the course Of that law"
Thus stood the law up to the passage o
act of 1898.
The act of 1902, which defines the qualil
cations of Jurors for the respective courts o
this District, makes no reference 10 the nc
Of March, 1898, nor docs II repeal this act
nor docs il specify the qualifications OF Ju
rors before justice Of the peace, but refer
TO Jurors selected for the respective courts
: aud describes how they shall be drawn from
, the taxpayers of the county-Washiugto
! and Georgetowu-makcs no reference no
provision for jurors to try causes arising be
: fore justices Of the peace In this District.
I Therefore, II will be seen that the net Of
D March, 1928, Is still In force In this District
The amendment to the charter of Wash
D., ington, lately passed, simply strikes out tn
, word "whltc" from the Inhabitants OF tn
District, which leaves the jurors to be draw
4 from the citizens at large, without rofcrenc
y; to color.
4 Therefore, Il will be seen that Justic
! Walter, In setting aside the verdict Of a jur
, empannelcd under the act Of March, 1891
7 which is the only acs authorizing him
u issue q Vchifc fiIeiR to cmpannel jury
wholly dsrcgarded the law, and thereby ha
h violated statute OF Congress which direct
J. as follows;
l. ''Whcn the Jurors have agreed upon thel
= verdict, they shall deliver the same pull
), licly before the Justice, who Is required I
= give Judgment thereon, and the said justit
j. Is hereby authorized to Issue execution o
l. the said Judgment, In the manner" nc.
! In the language of this statute II will l
T, seen that there Is no power or discretion lie
with the Justice; that II Is his imperatiy
duty Immediately on the delivery OF the VIC
e diet by the jury TO enter up the judgment al
u Issue execution thereon.
J. Your reporter also errs In his report thi
&c notice was given to the counsel of the tin
II of arguing the motion before said Walter.
ID as counsel for plaintiff, positively asse
l. that ! received no such notice, nor was
1t aware Of tho time or granting Of rule to Il
&c above case, and only knew of the fact by r
d cclving information from my client after Il
t. unwaTrantnble action Of said Walters In til
u case. j. Is. ADAMS.
IF The POLICE AND THEIR RIGHr To ARIES
}. Major Richards having consulted the judg
r Of the Supreme Court Of the District, Ia
lc evening issued the following order to Il
Y precinct lleutcnants, which explains Itself;
W., H.ni hsR sg' gay 49,
> Gra'rri OriCr No az
LIEUTENANT; Having been assured from
Ia proper source that the reported instruction
10 Of the judge OF the Criminal Court to e
"a Jury in the case of James Burnett, recent
Al tried for larceny and resisting police offic
n. in the discharge of his duty, Is aOt the prof.
n, construction Of law, but that the opinion
~ the court l.. bdHc with reference to arrests,
,ts delivered November ~, 1868, II copy of Will
er nus occu 'l'hIsneu you, win w "1hvrcu
Oh by Gar court, and that arrests made In &C
~, formity thereto will be justified by the Cou
ia General Order No. 2l9 is hereby revoked, a
~ you will make arrests In accordance with
= opinion Of the court ~ bItt.
A. &. RICHARDS,
Ito Major and Superintendent
or
he A SEw BASE BALL CLuB ORGANIZED