Wilmington daily gazette., 1873-11-15

secure the United States q verdict Mr.. Har-
rlngtOn II this jury was cOrruptIy packed
why did you not make your objection to II TO
the Court ut the time when lie truth Or faIsily
could Do tiled and what now motive has
since arisen that leads you tO make it now. I
when lt u were true Il could not avail your
cIenNt why DO yOn attempt to blacken the !
character OF the jury, and myself, by charge ,
which you dare not bring before the Court
why DO you now asperSe the character of the
panel, twelve OF whom you accepted with out
cnallenge, anu were sworn in your case?-
ID ore especially am surprised at your use of
Mr. Aassey's name as jOiningyOu in tho com
plant OF your letter, (Which he has not signed)
because at the court, both Mr.. Massey and Mr.
Day, the principal defendant in your suit ex-
pressed 70 . me in words their entire satIsfac-
tlon with the jury.
Your second charge, that ], As Marshal, tr
some one delegated BY me had purpOsely me-
elected and refused to summon any Jurors from
the County OF Kent wherein all the defendants
reside, and are well known a. leading citizens is
| a. shall hereinafter show partly false, and /
partly true, bat whether false or true, it strikes
me with amazement that you should complain |
IT, II you object to impartial citizens from |
| other portions Of the State "a iurOvs In your |
case and complain Of me because did not |
summon the neighbOTs and friends Of your clients
It Is becluse you think YOU would have received
some especial advantage at the hands Of the lat
Ter, or In other words, your complaint is that
did not pack the jury for your client. Such
charge call for no defence from me and it is
dimcult to presume that youlmade it with your
clients knowledge or approval
1t is alwa my rule, and endsavor TO draw
not partial, but impartial juries Of both politi-
cal parties who have no interest in any cause in
the Court.
Again am not aware Of any impropriety in
summOning the jury exclusively fromtwo coun-
ties, or even from one, or If you please, from
ev'n single hundred; the law and the rule Of
the court does not specify that they shall be
taken from any part Of my baili " ick and in the
larger disticts am informed it is the practice
ofthe U. =. Marshal to summon the juries from
the vicinity OF the Court House.
As rule take juFiss from all parts Of the Dis
trtet and in this instance supposed had done So
II is not true that p1rpOsely neglssted to summon
Jurors we're summoned from Milford %aTlatbs 'G Of
which town lies in Kent county. and supposed the
turned them to the Clerk. When found my mis-
take directed him to amend the retan in that re-
But it is true as you charge them refused to
Summon certain jurors from the county Of Kent
d wherein all the defendants resided. but until the
complaint Of my refusal contained in YOUR letter
had not supposed that the request that refused.
e With you. THIS request to summon certSin juror
rom DoVeI or rs vicinity in ent county (being the
70 s7vS u; any *. S
~ OF its receipts. expressing my disapprObatOn
that any one should approach me in such . way. oI
on such subject, and also spoke Of it to you In
N your Office since the court and before the date o
le your letter The request contained in letter
to me from ThOs. d. q. Smith, of Dover. Of which
IA he following Is true copy
al -;rT-I1 DOvER. DsI Sept, %. lSIs
Of Friend John: Win you do me the favor of sum
SeS.a s. snSsT MSsrson sSSTSS %Is NJ sS6S
le They are geOd Rspubllcaas as Dan, WoOdnlI can
s. vOueh for drant this favor aud will try aud re
70 turn the same.
nt Hoping to hear from you sOOn, remain,
Ol rios d. @. SMITH.
H. The above had every appearance 10 naS Of an en-
deaF0r TO ssS1fe the improper summOninR 0
SO frOads Of your clients on the jury. and Wrota
d, once to Mr.: Smith refusing to grant his OsquOst
~ >, your complaint ofmy 50 doing. seems t. can 70
explanation net So mach from me As from yourself
~ Asso yS9s " tsITd sharss that made returns Il
Kent eOunty when In truth thOy were from Sussex
have above stated both the fSct Sad lis explain
,e tiOn 1t Is true % stated In your fourth chsFg
- that amended the retaFn 30 as to conform to t6
fact without leave Of the Court. but It Is uttsrl
les dsstrOyiaR the SVidG1eo Of : false return.
s The fact OF tho original return was 6rst called
ana SftorWaFd by M. Ne sSy. and II WSS Of SoaTt
:" knew to the Clerk Of the Court. Mr.. Smith. 1t
hS Idle thea 20 say attempted 70 destroy the eVidenc
fit. and failed to ask leave Of the Court to max
to the amondmontr really because COnsidersdit the
IL As 70 the remaining charges that portion of tn
az jury, IN TINS and former instances. selsete
N@@ by my oeRuIlosssuWmOne0D by them WTits Ill
ed uD By them, have to say, 20 q limited exten
urt such Is the fact, and that in this have only TO
lowed the practice Of my three predecessors Mess
he Morrow, Aiken and Seal, and as far e. can lear
the immemorial practice oS the ONCE. IfyOu thin
! it unlawful am only surprised that you did NJ
eel make yOur objection 20 the panel to the Court an
zen get from II alaRal adjudication of the matter
OF Surely ii is strange that in one and the san
ion breath you accuse me of packing the Jury and
not drawing II myself Such charges seem 10 al
aver themselves. do not yield 10 any one in u
L appreciation OF the delicate and important DOW
entrusted TO me in the selection Of Jurors, hut
, ! yindieatiOn d my claim to have ever exercised
( in q aeOnscienGiOus and caRefnl manner /, with O.
tire confidence. appeal TO every panel hitherto 7
turned by me. and to the fact that they are far q
int periOr in all qualifications which 20 to make une
eeptOnable jurors to those selected by the syste
.-S in vogue In the State Court.
0yaI In conclusion. permit me to state shall col
OF munieAte copies Of this correspondence 10 the
md t0rney 4eneral Of the United States ana the HC
uit Il. q. Bradford. the U. 8, District Judge,
the Very respectfully yours.
Of JOHN NJ. DUNN
u. 5. Marshal. Dist. Of DelaWaas
mr. P.S.-Ansr preparing the above letter refrain
-, from sending il because expected you would
eIy your charges before the Attorney General Ias
70 only proper tribunal since the Adjournment Of
sey Court fer trying their ruth.l and thought Wol
60 withhold Il uAtil your charges we're made i I'D
had al ~ ~ ius. ~