Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-11-15

A SHAMEFUL STATE OF AFFA1Rs-MARsHAL
DUNN ALLOWS AN INTERESTED PARTY .
TO sRLEcrIuR0Rs AN INTERVIEW WITH I
$. NJ. HARRii, GToN, ESQ.
For long time rumor has connected d
United States Marshal Dunn with many
detelictlOns of Official duty, but himself /
and his ver-zealous friends, have ALWAYS |
denied that he was anything hut an
honest man aud conscientious official.
These denials have always been accepted
by the public as dose OF castor oil Is
accepted by weak stomach simply to
be thrown OF again and soon forgotten.
At the last term Of the United Sta-e3
Circuit Court, Marshal Dunn did not
select a single Juror from Kent county,
although he published the names Of
several Jurors from Sussex "a being from
Kent. We commented briefly on this At
the timo, and were told that Marshal
| Dunn did not draw the jury, but ut Col
lector Prettyman's request, n man living
near Milford was allowed to do 90.
/ This was done, II is said. for the purpose
of packing the jury In order 70
defeat ex-COllector Day and his suretles, !
who were defendants in q case where ths /
| United states were plaintiffs.
Mr.. Harrington, being one Of Nir. Days
4 COUNSEL inquired into the matter and I
was Wednesday visited at bis law-oillr- :
In the Exchange Building, by an EvEAY
EVENING reporter, for the purpose of
learning the result Of his inquirict,
when the following conversation Cnsued
Reporter-I understand that, as coun-
sci in the case ofthe United states against
Day and others, you have been eXsmin-
ing into She manner In which the jurors
at the recent term OF the United States
Circuit Court were summoned, and that
you have addressed note to United
States Marshal Dunn stating certain
points wherein you thought that the
jurors had not been properly sum nonod.
Have you any objection to stating tue
mode or results OF your examination, or
any facts concerning the matter
MIR. Hattington--I have made such ex-
animation. and also wrote such % letter
to Mar.hal Dunn. The letter reached
him Oct. Slst, and on that day he stated
TO me that he had received IL and would
give me a written exclamation OF the
facts therein stated. l have not, as vet,
received aay reply To ny 'e't'r. As
desire that in future the iuics in the
Ualted Stated Courts may be properly
summoned, have no ohitc lon e. givin +,
You all the facts that have cone to my
knowledge.
Reporter-I wou'd be happy To hear
/ vol, that the public may b. Informed Of
the facts IN the case.
Mr.. EarrinNon-The rules for sum
d, moning an jurors In the raid Courts re-
4 uuire that the Marshal Shall summon, in
. writing, n certain number Of cizsus ci
:, the District, and shall rrtIru 70 panel ul
y said Jurors, containing thcir utlngs, al
~ ditions aud plaees Of abode In the Cir.
"a cult Court the rule further requires that
! the persons summoned hare 30 md'ter al
:, issuG dsDsndin9 for trial NJ he t.fm, and
m for the purpose Of Informing tho Marshal
IA of the names of persona having causes
n. al issue, a list of all such causes is certi
fed To the Marshal as MS order to sum
mou jurors.
ie On the third day of October, 1873, tho
,r Clerk OF tie Circuit Court duly Ger; Acc
a TO the Marshal the causes for trial at tn
m ensuing term, beginning October ~
m 1873 u therefore became the duty u
ID the Marehal TO summon thirty Jurors
L. having no matter at issue, and - return
d. to the Court panel obtaining the names
m additions and places Of abode of sal
n persons. The rule c0ntemplateG, thoug
d it docs not expressly require, q far dis
liz tribniion of jurors throughout the di'
ne trlct, so that all portions may be repre-
scented common justice would seem {
indicate such an appor comment.
re One Of the essential Ideas Of lur
mt trial Is that the ju ors shall come iroi
III. the neishboihuod where the parties rcsil
ng and where their characters are know
ng thus constituting the country % whic
ng the parties appeal.
&C. Bv the list Of cases Tor triI al sal
It'll terui certified to the Marshal, 70 appea
u that John ;. pruttymnn bal u cause
to issue and depending for trial. ! a
ar credih'y Informed and can produce q
Dee proof, that although the Marshal did n
Tie summon Mr. PreItyman as a juror,
violated the reason Of the rulc n a q
.. more important particular, by placing
80 the hands of Mr.. Prettyman summonse
signed by the Marshal In blank aud a
thorizlng Mr.. Prettymau to I'll In Il
- blank with the names Of persons NJ
icy Prettyman might select and SUNNI,
~, them as Jurors. 1 will do Alr. Prctt
u" man the Justice to add that he denies th
e,, be execut,d this authority, but alleg
~ that, unwilling TO be party 20 such
w wrong, he handed these summonses TO N
rss William +. Reville. of Milford, to be
no him filled up aud served as aioless
to-, Certain JUROR, Rmon-st them MI Reyl
~ himself, were 80 summoned.
Again, either the Marshai or the p
d" sons delegated by Lin to summon Iuro
purposely neglected TO summon any jur'
from Kent county, with view, AS / q
informed and believe, of preventing "a
Ill of the ncighbors or Vcquaintances of
defendant In the ease of the Uni;
.,od States NJ Charles II. -. Day, Isaac Jun
W, John WOodsll, Nathaniel b. Smithe
IN, John ". Cullen aud Wilson l.. Cuuui
~ (all prominent citizens Of said Count
~ from being summoned on said jury ,
a, other w0ids, with n purpose Of pack
Of the Jury against the tights Of the DEF
dants.
For the purpose Of covering mp I
unjust discrimination and Of mislead
the Court and the public, (lor hose
NIX formation the press publish the pan
the Mar=hnl falsely returned 10 the Cu
idav that he had summoned Thomas :. pa
Inc William +. Revlle, Richard VI. Johns
tion Isaac II. d. knowles andL. y Jcukn, II
not Kent county az their place Of alb.
Ahen he well knew that all Of raid q
ma tlemen then resided in Sussex county,
NOT of them being wcll-kuown editor {
de. paper published al Lewes.
,rce After making such uultWful and I
rnvn return, and after the representative.
nan the press had taken copies Ol the pa
for publicatiOn-a..ort the falsitY Of
return nad been discovered o4 tctfGl
Massey ana myself "a e3unsei for
above named defendants, AMI by ms
I'M before the Marshal, and without the j,
COM of the couit-the Msrshal procured
alteration of the return, sO as 10 mai
,pna. conform To The truth, by striking Olt
10, words Kent county ana tncn snow
nn's the above named jurors TO be re,id
,ond Of sussex county aud thereby altemp
ding to destroy the evidence Of a false rel
each Immediately before the term | apr
apd 10 the Marshal for list of Jurors,
the incurred why the list had not been
had liehed AS was usual. lie had no lis
ants. furnish me, and the representative
m In the press, he said, had not called to
mus the names, nor were the names publ
e In. In any paper prior TO the term. Ant
,ened the fret day OF the term all Of our
purl. mington papers, taking the names
their tue unaltered return OF the Mar
blood were msled into publishing wull-ki
citizens of Sussex county, as residl
leirh. and summoned from Kent county
will be seen from their issue Of Oct
1878
These facts led TO investigation
the result have already stated.
BANK also credlbly informed (snd the nan
several witnesses have been given {
rcla~s to prove the asserti0n) that In otht
d,iiy stances the Marshal, instead OF sele
,tbnr. Jurors himself, has lntrusted blank
'orma- monses 10 PERSONS WIZ ~ H,, H. Nv
nee Of his deputies OF sWoIh ~ sugu' "u'