The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-11-28
ESPECIAL TELEGRAM 10 THE NEwsl

The United States Circuit Court convened at
ten O'Clock this morning, Judges Bond and
Bryan present; United States District Attor-
ney CoIbin representing the government and
the Hon. Reverdy johnson for the defence.
The Nickerson Hall, where the court met,
was crowded with interested spectators.
The list of grand Jurors was called, and the
following fourteen answered: W. Wingate,
F. N. Johnston, Charleston; Thos. L. Thack-
am, David Graham, Columbia; q. S. Griggs,
Charleston; Jas. Gaunt. Newberry, and Jas. D.
Graham, Sumter, (wo;tes, and Richard Black
neA Columbia; Augustus Harris, Edge6eld;
B. A. Desverney, Jas. B. Williams, Charleston;
Adam Branch, Columbia; W. B. Mitchell,
Charleston, and James Murrill, Columbia,
{colored.) OF these Gaunt was excused on 40
count of old age, and Grlggs, ]. D. Graham,
Mitchell and Murrill on account Of having
served in the Circuit Court within two years.
L. T. Potter, Henry Jones and Jas. T. Hanna
han failed to appear.
The list of petit jurors was called, and the
following twenty one answered: James G.
Holloway, Charleston; J. F. Riley, st. Mat
thew's: John Freeman, Charleston; Aaron
Jackson, Charleston; Alfred A. Gorton, Ches.
terfeld; j. B. Witherspoon, Sumter; Adam
Cook, Columbia; VIM. Mooney, Columbia; D.
Lynah Pringle, Georgetown; Andrew W. Bur-
nett, Georgetown, and W. q. DeBerry, Lynch
burg (whites;) and Philip Salters, Charleston;
E. johnson, Georgetown; James NJ. Johnson,
Charleston; James Magill, Georgetown; E. G.
Ralney, Georgetown; Alexander Ausbrook,
Horry; John Gordon, Charleston; Jas. Keene,
Statesburg; Henry Fordham, Charleston, and
Andrew W. Curtis, Columbia (colored.) F.
Lance, L. Fora, C. P. Howard, F. Borough, 8.
s. Beatty, C. Munnerlin, W. F. Ravenel, J. P.
stocker and Robert Melton, failed to appec-.
District-Attorney Corbin said 1t had come to
his knowledge that there had been irregu-
larities in the manner of drawing these jurors,
and, to prevent the question of irregularity
being raised hereafter. he desired to challenge
the whole array, in order that the court might
dectae the question. The jury order required
that the names be drawn from box blythe
clerk of the court, and In presence Of the
marshall but, in the present case, the names
were drawn in Charleston, on August 2,
by small child, the marshal not being
present Mr.. Corbin read the aff1davlts
of Marshal Johnson, showing he was
not present; of Deputy Marshal Buttz,
showing he was present during The drawing
of a few names, and of Bailff ]. q. Schreiner,
in corroboratlon of both statements. he argued
that the absence of the marshal, and the
drawing not being done by the clerk OF the
court, constituted fatal irregularlty; that the
&ovlsons of the law should be accurately
complied with, and quoted cases of Clare
against the State of Maryland, and of the
United States against John b. suratt, where
similar Irregularities in the drawing Of Jurors
had been shown, snd the juries set aside.
The Hon. Reverdy johnson replied that the
objection was purely technical; more like
special demurrer. The marshal was present
BY his deputy, and the clerk, In effect, drew
the names out of the box, though the physical
act was performed by boy, as had long been
the custom in that court; that the order had
been substantially complied with; that the de-
fence would pledge themselves that the objec-
ton of irregularlty on that ground would not
be raised hereafter, and that If the present
juries were set aside new venire must be
summoned from all parts of the State, .nvolv-
ing Ave1alious delay.
Mr. Corbin replied that under section eight
of the jury law the jury should be called from
the bystsnders.
Mr.. Johnson objected to the Interpretation,
and said that the provision applied to filling
vacancies in the jurles arising from non-at.
tendance, challenges for cause and such cases,
but not where the whole array was challenged
and set aside.
Judge Bond said the business of the court
could not proceed to-day, only nine grand
jurors being present. The court desired to
consult together on the question just raised;
and the court adjourned, therefore, to eleven
o'clock tomorrow. PICKET.