The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-08-31

scenes ana incidents.
CLARKSBURG, w. Va, August 70.
Editors of the Register:
arrived here on the morning of the
18th and found the town filled will
people from all sections of the State
who had been attracted 10y lhe Cuitcc
States Court which sat on that day
During the morning good deal OF ex
citement was noticeable among the
crowd and whispers OF Packed
Grand Jury began to he heard, ana
our Radical friends began, in advance
to announce that no Indictment cOuLd b,
to,o,d against tie Registrars ,cho Ind been
recognized for their appearance. The
excitement continued to increase, and
az the honorable men OF both parties
became satisfied of the trnth of these
statements, it became intense, so that
when a Grand Jury was called, and il
was found to be composed Of eighteen
bitter, l;lnatical uncompromising Radi,
Gals, and that no single Democrat or Con,
sercatioe ,caS aiio,ced TO ST thereon, their
indignation was exhibited in rather
emphatic terms. 1t was an outrage to
which they were not disposed to sub,
nit, and Caleb Boggess and James NJ.
jackson appearing as representatives OF
the prosecutors in the re- istratlon
cases, asked view OF the panel in or
der TO determine whether they wonld
challenge the array. Mr. -Boggess
made very able argument in support
OF his motion. in which he stated that
it was rumored, and had not been de-
MED, that the Grand Jury, then sitting
before him had been packed for the
express purpose of shielding certain
parties who had violated the enforce
ment Act, and, that while this might
not be true, it was a remarkable circum-
stance, that for the first time for five
Years, the Grand Jury was composed
exclusively Of oae Political party.
General Golf resisted the motion, and
said that no mere witness had right
to challenge the array, and the court
asked the counsel for authority upon
this point
Mr.. Boggess then made an able and
exhaustive argument, proving conclus'
lively that, as representatives OF the
prosecutors in the registration cases
they had a right to challenge, because
they had an interest in the matter; that
if, as was publicly stated on the street
and elsewhere, the Grand jury had
been packeed to accomplish certain
purpose-to prevent indictments being
found against the registrars who had
violated the act OF Congress, then these
parties, who were deeply and actually
interested, had the right to challenge.
General Gotf reiterated his position
and said that no one had right &c
challenge unless he was under a pre-
sentiment, or was dmic,tS ctTtG.
He was replied to by James NJ. Jack
son, Esq, who made one of the mos
effective and mastery arguments ever
delivered before the court, in support o.
the motion. He said that grand jurie;
were for the protection OF the people
and in order to secure that protection
to all classes, they should be composed
of citizens of all political parties; anC
it was a fact that ought to excite the
gravest apprehension in the minds o
thinking men, that the Grand jury which
then sat in the box was composed &c
cinsicciy Of men belonging to tie Republican
party 1t was singular-it was suspi
cious; nay, more! 1t was dangerous
and if the court permitted 1t to pas,
without rebuke, our criminals nigh
hereafter 90 unwhipt of justice, if, as il
the present instance, they hare a trienc
IN tie Marshal. There were men upor
the jury who had never been summoned
until to-day; and there were men in tn,
room who lad been summoned months
ago, but they were not upon the panel
Why was this? Why had the Marsha
told his Radical friends to go on will
their registration schemes-that Their
would be no rebels on the Grand Jury
and no indictments aropH be .fo'Ud? |
was strange-it was matter whicl
called for the attention Of the court, ant
he hoped that the subject would be full.
investigated.
The Court then ordered Marsha
Slack TO be sworn, and on being ques
toned he stated that he had summons
most of the jury soon after the Parkers
burg Court, but when asked when h
summoned the Others he hemmed AM
hawed and finally said at different times
He was asked when he summoned tn
Braxton county men who were on tn
jury and he said not until that day, we
they had told several gentlemen the,
were on the jury before they LETT home
to,u days Letore. lie was also asked
he had not written a gentleman IL
BraXton 10 tell the registrars ogO on, tia
there c0cH be no danger. There ,couL
be no id rebels on the jury and no IN
dictmer,tS found lie SAID he had no.
vet the gentleman stated he did 1orit
him such letter and that II ,oaS then i
has possession.
The Court then read from Chief Ju:
tice Marshalrs opinion in Burr's cas'
showing that when a party has ono
been summoned upon Grand Jury, tn
officer cannot release him or substitut
another in his place, and said that h
should require the panel to be con
posed of the persons who were orig
nslly summoned by the Marshal.
Under this decision a Grand Jur
was finally obtained, still composed I
eiohteen struight-om Radicals and not
sinqIe Democrat, although several pc
sons were excluded by the Judge b
cause they were either registration of
GERS or were relatives of the prIsone