Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-11-20
SAMUEL NJ. HARRINGTON
OFFICE u. S. MARSHAL,
DISTRICT OF DELAWARE,
~ 1 =

November ), 1915.
SAMUEL. Nj. HARRINGTON, ESQ,
DEAR SIR II have to acknowledge the re
celpt OF your letter of the 30th OF Oct, contain
ing certain charges which you and George V.
Massey ESD, as counsel for the defendants in
the suit ofthe United States against Chas II. b.
Day and others, late pending in the United
States Circuit Court for this Districts, make
against me in the selection of the jury at the
late October term.
As To your first charge that |, as Marshall, OF
some person deputized by me- has packed a iu-
ny against the right of the defendants; permit
me 10 express my surprise that either You or
Mr. Massey should make a charge at once so
false and 81 eroundless. Before making 1t,
must presume, You inspected the panel of Jurors
returned 10y me, of which you complain.
The following are their names:
Abner Il. Bailey, Lewis Is. Springer, John NJ.
~, t. t'r" W. Bright, Charles r. Jones, Aunes-
ley y. krlthler, Avian Allen, John V. Christy,
Samuel Oliver, Reuben p. Janvier, Jasen Davis,
Joseph Cleayer, Reuben Sattertwaft Alfred
Gawthrope, John Boughman, Samuel Hanna,
otlNew Castle county; and John p. Collins,
Elijah Hearn. Thomas ii. Riggin, Daniel Hearn;
Adolphus =. Ewing, Sheppard p. Martin, Caleb
>. Lee, John W. Day, William d. Fisher,
Thomas ]. Davis, William F. Revile, Isaac Ii.
d. knowles, l.. A. Jenkins, OF Sussex County,
| Del.
Most,iif not all OF them, must he known
either personally or by reputation, 10 you and
| MIR. Massey. No ole OF them, to nv knowl-
| edge, had any interest in the cause of the
plaintiff the United States, beyond their citizen
snip, and their wel-known characters in their
| respective nelghborhoods as gentlemen OF the
highest standing for integrity, honesty, capaci-
~ and lmpartalty, and as men who under
their oaths as jurors would act Justly and fear
iessiy,need no rindication from ne against your
wanlon ISLANDERS.
| Name any one Of them whom anyhody uo,ll
nave approached improperly to affect their yer.
ulct; name OF them who had any knowle ledge be-
fore he attended the Court that your case was
, pending; name any one who was not an abso
lutely impartial juror.
Why then do you dare say packed them to
secure the nlted Safes verdict? Mr. Harrng
ton nthis jury was corrIpty packed why did
, you not make your objections to it to The court
al the term when its truth or falsty could be-
tried, and what new motive has since arisen
lhal leads you TO make it now, when il it were
t tue itcould not avail your clients? Why d,
t you attempt to blacken the characters OF The
Q jury and myself by charge which you dar,
n not bring before court? Why do you now as
i rerse the character Of aplnel, twelve Of whom
r you accepted without challenge, and were swori
! | in your case?
More especially, am surprised at your use o
Mr.. Massey's name as joining you in the com
plant ofyonr letter, (Which he has not signed
because at the court both Mr.. Massey and Mi
e Day, the principal defendant in your suit. OK
d pressed to me in words their entire satisfaction
d with the Jury.
ri 1our second charge, that |, as Marshal, O
Of some one delegated by me, had purposely neg
IF lected and refused to summon any Jurors fror
IN The county Of Kent, whern all the defendan,
. reside and are well known as leading citizens
10 Is, as VIII hereinafter show, partly false ant
i | party true but whether false or true il strike
me with amazement that you should compla
OF IT, Ii you object to impartial citizens froI
e. other portions OF the State as Jurors in your cas-
10 and complain Of me because did not summon
De the neigbors and fiends of vour clients, it
D. because you think you would have receive
nj some especial advantage at The hands of til,
De latter, or in other words your complaint is that
+, did not pack the jury for your client. Such
re charge calls for no defence from me, and it
n dmcult TO presume that you made it with you
~ clients knowledge or approval.
Al IL is always my rule and endcavor TO dra
b not partial, but impartial Jurors of both polit
the Court.
as Again, am not aware of any impropriety
D. summoning the jury exclusively from two cour
o. ties, or even from one, or If you please froI
es even single hundred. The law and rule of IL
r. Court does not specify that they shall be take
he from any part bailiwick, and in the larger di
trets, am informed, it is the practice Of the
L
nj cinlty Of the Court House.
ra Asa rule take .iuries from all parts Of tn
~ district, and in this instance | supposed | la
y, done so.
ie 1t is not true that purposely neglected
e' suinmcn any Jurors from Kent county, a pn
III ton of the Jury were summoned from Milfor
~ fouf-hfths OF which town lies in Kent count
at and suppose the jurors thus summoned WEI
he from Kent, and so returned them To the clprl
OF when found my mistake | directed Inn
he amend the return IN that respect bur il l. iul
as you charge that refused to summon cc,tli
lie jurors from the county ofKcut wherein all ii.
of defendants resided, hut until the complaint ,
"a my refusal contained In yOnr letter | ha Nc
m supposed that the req uest that refused ethe
- emanated from or was in any way connec e
- with you. This request TO summon certain il
g rors from Dover, or its vicinity in Kent couu.
II (being the only one which or you have an
IL knowledge | made mention to Mr. Masse
just after the time OF its receipt, exprcssir
I'd my disapprobation that any one should al
re proach me such way, or on such subject; an
id | also spoke oft TO you in your Office since III
court, and before the date of your letter. TIL
n request was contained in letter TO me from NJ
IN Thomas d. G. Smith of Dover of which IL
r. following is true copy:
y, DovtR Del, Sept. 30, 1875.
!: FRIEND JoHN:-Wil ysu do me the favor
10 summoniDg the gents Of the next court, Oct
es Der term, Joshua u. Wharton, Geo. w. Bake
We Andrew Smithers aud Samuel McCionigle. =
Sc They are good Republicans, as Dan Woods
s, can vouch for. Grant this favor and l will Il
THos, D. G. SMITH.