Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-17
THE FEDERAL COURT IN
MEMPHIS.
Important ActiOn-Dischargeo of the
Traverse Jury.

cases involving alleged violations of the
revenue laws, and also cases arising out
of political troubles, to come before the
court at the present term, and he wished
to state that there was a popular rumor
afioat 10 the effect that the jurors had
been selected by the Marshal in manner
that might prevent the parties concerned
having fair trials. He did not know that
there was any foundation for the rumor,
neither did he take t1e responsibility of
the statement, but he had thought proper
to bring4he matter to the attention of the,
court. He wished to make no direct
charge either on the Marshal or the
jurors, but he had brought the subject up
in order, if there was anything wrong,
that the Marshal, who might have acted
with overzeal would receive some in
structions from the court to act with the
strictest impartiality.
A long discussion ensued between the
Court and counsel, in the course of which
it was elected that the Court was the
proper tribunal to select the jurors.
Judge Trigg stated that he had adopted
the practice as handed down to him by
Justice Catron, of the Supreme Court of
the United States, allowing the Marshal
to summon the jurors from the body of
the district. The question had never been
brought before him, and he accepted and
adopted the practice as he received it
from JAstice Catron.
Judge EmmOns suggested that the
point raised by cornsel should be brought
up in legal way, whereupon jury was
empanneled in the case of the United
States VS.. Cockrill for stealing liquor
without having paid the specified tax.
Mr.. M. L. Perkins then challenged the
array of jurors, which brought the entire
question before the Court. ssr-
The remarks made by Col. McRae were
Endorsed by Col. LandOn G. Haynes, Col.
w. Ii. Stephens, and other leading mem
bers of the bar. .-s- ..e
The appeal of the 18th says:
''The Federal Courtroom was densely
crowded yesterday morning, by lawyers
and citizens, interested in the challenge
which had been made the day previous
by Col. Mcltae, in reference to the panel
of the traverse jury. The interest cen
tered in the decision of Judge Emmons,
which was promised in the case. Judges
Emmons and Trigg both presided. In
mediately after taking their seats, Judge
Emmons proceeded to deliver the decis-
ion of the Court. He said:
In Teferenceto thechallenge which was
made to the Court yesterday, have to
say that we have had it under considera-
ton, and, somewhat against our convic-
tons of what the law is in this respect,
we have concluded to sustain the chal-
leDge. This Court deems it proper to
give the reasons they have for so doing.
But before entering upon these, desire
to say a few words in reference to
the discussion of yesterday, in refer
ence to the political complexion of
the jury. When it arose, both members
of the Court were taken by surprise. 1t
was not to be wondered at that the Court
was very much perplexed aud did not
know at once the best course to pursue.
But we have no doubt that the result will
be beneficial We do not intend at all
to take to account the political features
which the case has apparently been made
to wear. After taking a solemn oath to
do justice, the jury that would give YER
dict according to their democratic or re-
publican views, would be unworthy to
sit upon any case. The Court does not
think that juries would 80 act. He (Judge
Emmons) remembered, in q certain DIS
trict north, over which the eminent Judge
McLain presided, there was not Wing
juror for years. They were all Jackson
Democrats. He, being Wing, never
knew how much he was inj'red until the
facts were brought to light, a long time
after. He had been informed that here
in the State of Tennessee there were
ninety in hundred of the Jurors Demo-
cratic. If this were so by design, then
things were not as they should be. We
are drifting along. We have had trOu-
bic; we may have more. We
must stop, or we shall have more
troubles. We must ignore politics in the
selection of juries. Judge Trigg and
myself have tried to divorce ourselves
of every extraneOus consideration, and
to look merely at the dry abstraction and
the law of the case. We have taken some
pains to inquire into it, and endesvored to
arrive at a just conviction. We have ex-
amined the mode in which the Marshal
selected the members of the jury, and
believe be has acted from high sense of
duty. According to the act of Congress
regulating the empanneling of juries,
the general rule is that the selection of
Federal juries must conform as nearly as
practicable to the system adopted in the
State. That is the law, and the Court
has no discretion when the terms of the
law are plain. l am informed that in this
State there are two modes of selecting
juries. One is by the County Court, the
other by the Sheriff; and it is found in
actual practice that the Sheriff has in his
own discretion the selection of juries
much oftener than otherwise. There
is no repugnanee in the system which
prevails here, to the Sheriff selecting
juries. If the Court accepts the jury
and tries cases before 1t, it would prob
ably he deemed a legal jury. 1t is my
opinion that if this view of the case was
brought before the Supreme Court of the
United States, it would not be reversed.
Why we sustain the challenge, is that this
Jury has not been selected in every psrti-
cular, in the mode which the law directs.
We deem it better TO cause little delay
than to have doubts thrown over the en-
tire proceedings of the Court before the
jury.
''Judge Trigg said the Court was essen
TALLY the Court of the people. The pe0-
pie are interested in its proceedings, and
they should be convinced that it was not
the court of political class. My brother
comedies with me, that it should be so
organized that no political party should
have prepOnderanee in it. We have TO ad,
minister law and not politics. Courts
should be 80 organized ON all occasions.
s'Judge EmmOns said that he didnot see
how the grand jury could stand in view
of the action taken by the Court. The
Court, he said, would further consult
upon that point.
''The traverse jury was discharged.
'fSOme discussion arose as to whether the
whole pannel should be discharged, and
it was so held generally.
"Thgwhole PANEL of the traverse jury
were then discharged and the Marshal or,
dered to impannel new jury"
| rTOu al ctICOIlal VI Iuc [1pkJOCLt VI tlt
18th, Thursday, we extract the following;
cit is proper that we should say that
Judge Emmons, in rendering the opinion
of the court expressed the belief that the
Marshal had acted in good faith, though
irregularly and illegally. And in charity
we should be compelled 10 concur with
the learned Judge, did we not believe tina
which was not proved before the court i;
susceptible of proof, namely, that Eaton
when TAINTED with selecting men of his
own views, declared, 'Yes, l have no
only selected Republicans, but also thOsC
who are radically So
''We have no compliments to make t.
the court for an honest discharge of it
duty. That, men of high character, act
ing under oath, and still more controlled
by pure and elevated moral sense, vii
do at all events. They will be blind b
consequences personal to themselves