Wilmington daily gazette., 1873-11-15
correspondence, &C.

Law OFFICE OF SAMUEI. N. HARRINdroN,
WILMINGTON, DEL, Oct. 81, 1873.
John ~. Dunn, Esq, l.. y. MaFShal for the
District Of DeEGl0are
DEAR Sm:-At the recent session OF the United
States Cirsuit Court for this District circunstau
ces came to the knowledge OF George " Massey
ESQ. and mYself counsel for the defendants in the
civil action Of the United States against Charles
H. b. Day, Isaac jump. John WoOdall, Nathaniel
b, Smithers, John W Cullen and Wilson I, Can
non which led to believe that the following are
true charges against you:
/. That either you, as Marshal, or some DeFaOn
delegated by you, had packed jury against the
rights Of the defendants.
2. That either you, as Marshal, or some person
deIegStod BY you, had puTPosely neglected and
refused to summon any jurors from the County Of
Kent, wherein all the defendants reside, and are
we'll known as leading citizens.
8. Thak you, as Marshal, had r.tarned to the
Court that you had summoned Thomas l. Davis,
William +. ReVille, Richard NJ. johnson, Isaac
ii. D. Knowles and L. A. jenkins from Kent
County, and that Kent County was their place Of
abode, when you we'll knew that all Of SAID gen.
tlsmen then resided IN S1sssN COunty
4. That after making such unla ful aud false
returns. aud after its tn s,iy had been discovered
ahd without any leave oi ths Court, you procured
the alteration of SAID return to make 1t conform
TO the real facts BY striking out the words Kent
C9unty Tor the purpose OF Destroying the evidence
OF false return.
D. That you, a. Marshal, did ia violation OF Law
and OF the command Of the UsnIrs instead of Sc
Letting the Jurors in sAd panel. committed the se
lection OF said lnroTs to other persons aud for that
purpose sent TO such persons blank summOnaes
Hgued BY you to be flied and served At their dis
cTstion.
6. That you were not aware who had been go
lscted and summoned as jurors until such persons
made return OF their selection tO you.
Z. That you have on several occasions prior &c
the said term OF Court entrusted blank summonSei
signed BY you to different persons with authority
to select such men as they might please fill in thsi
names and summon them as jurors.
The right given TO you under the rules Of Cour
select jurors has not been lawfully exercised il
these particulars. ut is a fearful power to b
vested In any one man, even when exercised in
most conscientious and careful manner" Tee
that in the respects above mentioned it had beeI
greatly abused and that both in my capacity o
citizen and counsel it is my duty to call attention
to such abuses. Yours very truly,
SAMUEL n. HARRINGTON.
OFFICE U. S. MARSHAL, DIsT. OF DELAWARE,
November sth, 1873.
Samuel H. Harrington, Esq.
Dear Sir II have to acknowledge the Teesip
of your letter of the 30th OF OctobaF, containing
certain charges which you and George V. Messy
Esq., a. counsel for the defendants in the suit Q
the United States against Chas. II. d. Day an
others, late pending IN the United States Clrcui
Court for IhIs District, made against me In tn
Eel0o i'm Of the jury at the late October term Q
tina Court.
A. to your first charge that l. as Marshal, Q
come person. dsputizsd by me, has packed Jar
against the rghts OF the defendants, permit me
sIl ress my surprise that either you or Mr.. Maase
should make . charge at once 90 false aud .
groundlass. Before making II l must pTesum
you inspected the panel Of Jurors returned BY m
Of which you complain. The following are thsi
names:
Abaer p. Bailey. Lewis SpringsF, John
Scott, George w. Bright, Charles X. J0nss, AMI
eIly n KeithleT, AlVAn Allen, John " ChFisty
samuel Silver, Reuben p. JanVieF, Jasin Davi
JoatpA UlaAVsT, RSnben SatterthWallh. AltEe
GawthROp, John .Boughman, samuel Hannay
New Castle County and John p. Collins, Ehja
Hsarn. Thomas IA. Riggin, Daniel HoATn, Ado
phus =. Eglng, sheppard !. Martin, Caleb
Lso, John w. Day, William ID. Fisher. Thomas
L. A. jenkins, oR Suhaax County.
Most, 10 not all Of than, must BE- known sithG
personally or by reputation 20 you and Mr.. 1a
ssy. No one OF them, to my kRoWlodge had an
interast In the cause OF the plaintif, the UnllG
States. beyond their ellizsnship, and thsir vel
known eharaeteES Ia their respective naiGhbo
hoOda, as gentlemen 0i the higheat standing &
integrity honesty, capacity, and impaFtiAlily 81
as men Who under thsiF oatha ~ jurors, Woo
act iusily and loAElesaly, need Vindloailon fro
me against your WantOn ISLANDERS.
Name any ono OF them whom anybod
would have approached Improperly 10 aao
their verdict Name one Of them who ha
any knowledge before he attended the Oou
that your easo was pending. Name any o.
who was not en- absolutely Impartial inE0E.,
Why then do you dare say packed them