The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-10-18

Z! @fs* tsl.t' slh' s-' hs1S''' III NGb - A43sEE
|, The HAUNsTEIN FORGERY CAsg-Motsons
OUerruied-A AHesaptS to get a jury Fiee
Secured.--In the Hastings Court yesterday
Judge Guigon oYerr,Ied the motion sub
mitted by the, counsel for the accused to
quash the indictment against Mr.. Chah0on
on the ground that the grand jury had been
summoned according to the acts Of 1866-267
and which were in conflict with the present
Constitution. -r-g.g q.;,r.s,tHr. =,
| Gov. Wells then submitted verbally plea
containing an allegation that one OF the
grand Jurors who found the indictment
against Chahoon was disqualified by the
1ath amendment to the Constitution of the
prior to the war and afterwards engaged In
rebellion against The United States.'
DIR. Wise Commonwealth attorney in.
sisted that the plea should be reduced to
writing, and also moved that it be rejected.
After some discussion, 1t was withdrawn
by prisoner'scounsel. !.
Governor Wells then moved to quash the
| Uentre fdcids on the ground that it con-
tained directionto the officer to summon
twenty-fotir persons, -freeholders, &C., and
further that the writ contained the words
"remote from the place where the offence
Is charged to have been committed, }" when
the language Of the Bill OF Rights (noW q
part of the Constitution is that +" a man
hath a right to q speedy trial by an impair
tial jury Of his Ticinase."
Mr.. wise replied to this motion thatithe
question as to requiring Jurors to be free
holders was fully discussed ON Saturday.
The acts of 1S68J67 requiringa 8 jury; to be
composed of freeholders residing "1reniote
from the place." &C., had not been repealed
By any act of the present Legislature and
if the officer is not to be guided by the law
of 1SG6-'67, he has no law to guide him., II
this writ be qliashed and another be issued
commanding the Sergeant to- Summon
twenty-fonr good and lawful men qualified
to vote and to hold Office, using the Ian
otlage of the Constitution in the Sd section
Of the Sd article, then the opposing counsel
would still object. .Asto the second ground
of the motion to qiiash, Ar. Wise held that
vicinage, imports county, and the command
of the act to summon persons remote from,
&c., is simply intended TO secure Jurors
from. portion of the county remote from
the immediate neighborhood, of the ,ac-
cllsed. The intention OF the Legislature
was evidently to secure Jurors unprejudiced
by contact with the prisoner or the scene OF
the crime charged.
The Court decided to quash the writ CT
centre faeias upon the ground that it con-
| tains the words tto summon twenty-tour
persons, freeholders." &C.; and thereupon
another writ was issued commanding the
| officer "to summon tWenty-four persons
entitled to vote, &C., remote FROM" &C.!
The counsel for the accused then moved tx
ouash the new writ, which motion wa:
| ovcrruled. They then demurred to the in
! dictment and to each of its counts on thu
| ground that it contained no allegation that
| he uttered the forged note to any particu
| lar person. The demurrer was not stls
| tanned. ## ''' ~
The venire was then called, and tn
yeniremen examined by the court ant
lcounSel. ...... ,-s ...- .r .
Mr.. Asa Snyder begged to be excused
from serving on the jury, pleading pressin!
business engagement. The court declined
TO excuse him, and being Intercepted, n
said hismind was free and unbiased, an,
could give the prisoner an impartial trial
He was accepted as juror. ~, i
Mr.. j. L. Maury was excused on tn
ground Of sickness. !.
F. NJ. Boykin considered he had no righ
to form an opinion until he had heard th
evidence; an opinion so formed Woppl
amount to nothing. He could give the nc
cused fair trial. Accepted.
James Woodhouse had read nothing 20
the subject, and had formed no opinion
His mind was entirely free and unbiased
Accepted.
/ T, Roberts Baker had formed an opinio
as to the guilt of the accused, but though
he could give him a fair trial. It would r
fquire evidence, however, to remove Sh
Impression resting upon his mind. He wa
told to stand aside.
| j. r. Danforth had q strong impression
to the guilt of the accused, apd did nc
know that that impression could be easll
iremoved. He was rejected. :
W. A. Armistead was next sworn. Il
had formed IN opinion upon what he ha
read in the newspapers. That OPINION
however. would not prevent his giving th
prisoner fair trial. Told to stand aside.
A. Bargamin had had conversation VII
q grand jury as to the strength OF the test
! motiy uDon which the indictment VIZ
found. Told to stand aside:
. X. III. Dibrcll had formed no opmlol
. and could give the accused perfectly Ia
/ trial. Accepted.
. !. G. Dsaton had an impression which
would be hard to get rid Of. 1t would r
uuire additional testimony to reniove
Told to stand aside. =,
j, j. D. Harvey had formed very decide
opinion. Rejected.
| D. N. Walker had formed no opinion, an
had neither heard ii6r read the evidenc'
He was accepted.
| E. B. Davenport had heard some n
marks by grand Jurors which left an in
: preston upon his mind. He was told i
stand aside. - ;;
Josiah Ryland had formed an opinion
but not very strong one: Told to stan
aside. E. B. Addison, W. G. Paine; an
Boswell Alsop, had formed very decide
opinions, and were told to stand asid
John Boiling had formed no decided ,opil
ion, but had some opinion on the subJee
and had expressed it. That opinion WI
still on his mind. Told to stand aside. /
These were all the veniremen presen
The Jurors accepted were Messrs. A. Srl,,
I'der, L. NJ. Bovkin, James Woodhouse, |
II. Dibrell, and D. N. Walker. /
Mr.. ChalIoon was bailed in the sum
S., 600 for his appearance to-day, Governt
Wells being his surety.
The court then adorned until IL o'clot
this morning.
CIRCUS To-DAY.-Stone s. Murray w
pitch their big circus tent on Council Char
TJ:Il lo,. Th;c c,>olyap nf oS ar