Wilmington daily gazette., 1873-11-14
NEUTRALITY-SUSPICIOUS.. -
From Every Evening.
PACKING y. g. duRaRR,.s-s ~

eitises u the DlAt1ict a sAaaI rstarn panel OF a.
said jurors, containing their names, additions and ii
places of a6oRe In the Circuit Court the rule 81
kuTihs y Eeqnges that the persons summoned hare a
no tGer al tssue depending for trial at the term, 81
and for the purpose OF informing the Marshal of I
the names OF persons having at issue, list
Of all such is certified to the Marshal his
order to summon jurors. a
On the third day Of October, 1873, the CLERK Of
tue Circuit Court duly, certified 10 the, Marshal
ths causes for trial q thb ensuing tenn beginning
lOctoNer II, 1879 Y therefore hecane the duty Of \;
the Narehal y suf mon thirty Jurors mEing no |;
mater al issue, aud to ksturn tothe CouTta panel .
containing tho namcs, additiOAs and places Of
abode OF said persons. The rule eOhtsmplates,
though it docs not expressly require. fair dis
tribution Of jurors throughout the districts, so
that all pofuChs may ho rePIesentcd-T common
justice would seCm TO indicate such apportion-
lment.
One OF the essential ideag Of jury trial is that
the jurors shall eOme fremf the liciahboFhood
where the parties reside and where their charac-
tcn are pe~n tAua constituting the "country"
70 which The pArtie appeak =,
BY this list Of cases for trial at said term certi
fed to the Marshal, 1t appears that John s. fTet
lyman had aOause at issue and depending for trial
, am credlbly informed and can produce the proof
that although the Marshal did not summon Mr.
: Prettyman = juror, he violated the reason Of
} the rule In n far more important particular, by |
placing IN the hands Of Mr.. Prettyman sum- |
mOnses signed by the Marshal in blank and au- |
thorinng Mr. PrettYman TO ill in the blnnk with |
the names OF persons Mr.. Prettyman might select
. and summon them as jurQEs, will Do lGT. Pret-
y lyman the justice to add that he denies that he
executed this authority, bat alleges that, unwilling
" to be a party to such a wrong, he handed these
D. summoEIsos to Mr. William y ReVlle, Of Milford
y 10 be by him filled up and served aforesaid
Certain jurOFs, amoug them Nr. RsRilie hi@self,
were so summoned l...st -
Again, either the Marshal or the persons dsla-
gated by him tcsummOn jurors, pnTposely ue-
er elected TO summon any jurors from Kent county,
A with q view, as am informed and believe, Of
afwsNa
H. Of the defendant in the OF the United States
OF VS.. Charles II. B. Day, Isaac Jump, John Wood
by all, Nathaniel b. Smithers, John W. Cullen and
Wilson L. Cnnnp8s aA preHiRent CitiEspS Of said
county, iron being summ6hOd On lssA jury, in
20 other words, with purpose OF packing the jury
p- agaiust tlle nehts of The .delendahts. s
IA For the purpose of covering up this unjust dis
- elimination and of misleading the Court and the
ne public, (for whose information the press publish
es- the paneD the Marshal falsely returned 70 the
m Court that he had summoned Thomas 8. Davis,
William n. Ravills, Richard n. Johnson, lsaac
H. ID. Knowles and l.. A. Jenkins from kent
Va knew that all of said gentlemen then resided IN
III Sussex county, ono of them being weh known
editor of paper published at LeWes.
Us After making such unlawful and false return
~ kanA alter auRnpEeasntatiy9s 81 TIM press had
taken col6e8 Dr gAd Eauol fOg publication -7Atlel
= the ialsity OF the return had been discovered by
= George " Massey and myself a. counsel for thu
of above named defendants, and by us laId before
hss the Marshal, and without the lease Of eOuTt-th'
Marshal procured the aitgfatton q the FetNrD, 81
eu as TO make it conform to the truth, by striking
ne' Oat tke words "Kent county" aud then showing
on the above named jurOTs 70 be residents 81 SaBe
ben eOHEty and thereby attempting 20 destroy "a
" evidence OF false TethSn
;, ri Immediat b before the term applied 10 th
81 Marshal for list ofJuTors and inquired Why IN
- list had not been published as was usual tie ha
'eh no liat TO furnish me, aud the representatives
and the press he said had net called to get the names
On nor were tho names published In any paper prlo
TO the term. Aud ON the first day Of the term
l.l OF our Wilmington papers taking the names trOT
, the unaltered return OF the Marshal, wore misle
'esn into publishing wellknown, citizens OF SUISSE
he county, as residing in and Summoned from KeI
la;n county, . TiR BS gen from sAf'r llApe OF o'
These facts led to Investigation with the resu
,la have already stated aIA also eredlbly Inform
ed (and the names Of several witnesses have bee
claw Instances The MSrSha Instead of selecting juro
on himself has entrusted blank summonses to pc
TO sons who were in no sense his deputies or sWo
as such, and has given 10 such persons anthoEl
~, - to select such men as they might please to ma
Sis their names, and to return them as jurors du
- summoned.
The right given 10 the Marshal under the rules
Court select jurors carries with fearful pew
seientiOusly and carefully exercised But when 3
emo full examination. believe il TO have been. in
Ieeting tho jury for the October Term OF the Cire
orlal Court il becomes eOrrupter of Justice: cam
Si1 sueh abuses NOR can remain silent when they
''i0N attempted Aba Irsetieed Upon eitAer ~ cha
or the community At large. Asaeitiien anu as ala
ar xsS sSs6 mel q Reforms & In
enue sponslple pnnie; u9lSs % an ana ~ %
'Oer " tbt 80 sty bieb contTls the Peeyal
v af- %snt. il my duty 70 insist . the extent Of
influence. that its officers snoald be faithful hon
N and lust; War upCn Republican OthoiAs who
~. guilty Of frauds Is the specFi duty OF every
arian The mode Of selecting juries in the u s. Cos
the rO0uires examination and amendment. IL Is
that the law on this subject Is unsatisfactory an.
various as the practice m the several Stat
oul at the court hP ample power TO make rules that
lpoTt put every panel q lrEoIs aDTSs me
Of the 3Hd Ss I'M "a NJ IlheF he pu
a IN dSncS tSs: justice 4 me Ohly aim q 0HT Fed
No 'OrsSn that ysag Brsdlord win take
d sures, 50 soon as the facts are Msde knoNa %
"a correct the evils / have mentioned and 20 a
such rules as will guarantee q us impartial Iul
L.sl ISSsliy SnnamOnOdS I ahPlld have brought the
DesA ;sct to as n6e2 bdf Ae As 6eea shssnt om h
pkyn and no " S, Court has been held since the Ci
q ~ 81 Ioess ana Careless has the node Of samo
Sua become, that u is tfeQuens and
ngin iay Sg peEsoss n; ssShSat SaS
-. Nm a. kolding his blank sum moas0 g be put
de inRy. This Is such psRVeEsl0a OF Justice
pc ana h seemS 10 ma the only remedy @t9 take aWay
-. SSd pnf on tkS fznel any sitsn uAns % nan.
PIVs i@W and he uila s1qud % % ehangsa thai
do at eoar1 shonld bnt hag thEoe jgHy eemmsaie
Oms 0 ea Ses bsst stssas tSs 3 sshs0 q
y 5O efiiena-a eertain pFeportlsa fiom each g
,i0dlng --and lrOm these nemea TIE yleEE eI ne
carried ah0aid. N epen court ena w
~ thia hst Of porsOns drawn, and tselr places q
10 turn IA Shonld Be published pgor 70 the
pfOpul- IN AeonveEsalion wa Atae.as% Seae,al ~,