Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-12-05
L OC Al Ne VS..
HIGHLY IHPORrANT DECISION
The Late Grand Jury Illegal.
The Safe Burglary indictments Null
and Void.

In the Court in General Term &c day, in the
case OF the United States sgt. Hun, cOny c-eG
in the Criminal Court. JUICE Hamph-eys,
recently, and sentenced 70 three years in the
penitentiaTy. Judge Wy lie delivered the oyil ou
Of the couyt. IN ibis case pleas in ab atement
similar 10 those q Cd In the case OF Uuderwood,
Hall and Wsrrick, ana whitley, Hstdngten
fled.
Judge wylie stated that the findings showed
that plea in abatement had been nleI
and oyerruled; tbst the defendant hai
pleaded Tn bar, went 20 trial, IVES convicted
sTd sentenced, and au appeal tlken, aud
the f0HCWtHg 0ay the juuge, OF his pgu
motion, granted 4 new triaI OB the point a.
10 the power OF the Judge, fhe Irt n Eli "a ~
ant the appeal had been allowed the court
below lost Jurisdiction OF the case aud hal no
right TO put Jae PARTY g the trouble. yeXatilu
aud expense Of a second trial hen he NAV have
good defence in law. tie then reviewed tue
FONTS OF defendant made IN tbs pIeas. and
said the court below erred IN sast ziuinz tue de-
nuyEer 20 tie plea. As 10 the act OF ls-I hs
said the lAN did no. lint the number
the jaTy box, aud he c0a'd not fee
tbat there was any neglect "a ID their appJ'ut-
ment- lie di@ Lot cons. ieT t. q ls~s rDlzi e.
s'OneTs ruOdid have been selected from the
cities and county. The question ~ % whether
ire act OF = repealed tue act OF - - Is a.
confer absolute authority 70 select what ulm-
Der ef jurors and 10y What means they deemed
proper iOI the box, was neEt con i tered, aud
he claimed that the art o. = did rot effect the
actot 90 except 10 apo NJ -commiss s0uers %
do what the other OF GERS dtd. These cOmu.s-
soners do not follow the law i1 making tue
Lists; "a they were fOTBteTly made; the b0unda-
rles bad been disregsTde,l. Ii Was claimed tha-
the organic act wiped out the boundaries. a.
itls Wa- not so as the .}1th section cautiau-d
them. There was one provision in tIo act OF
q which was not observed. They d;d nos con
me the names 70 those OF -rlj'e tGx-paV-
efs, but this word white had been wiped o4t.
he point that GassaEay Wat-rs r. A
Newton and 81. F. REESE vera not tax ysrs
was aiiuded 10, and be said that the at oi g.
clearly inn 1sed the duty OF selecting tax p4y.
eTs for the lists. IL the names OF such had been
placed IN the box, then none bur tax-psVe-s
would have been drawn. The pIeadiug- show
further that p names were drawn. apI some
were excused, a-d 70 supply tIs places o.
those excused / names were drawn from
the jury box. The law provides that m
place OF those excused persOus are d be
summoned from the hy-stanaers ana does
LOT provide for going q tue bJy The law. TOO,
FtGC'tes that the > ECsc drANn irg ul l.e box
sbali cons utute the grand jury; but 4. does rot
say that . grand iaTOTs shall be present. bat
there shall be - sworn members Of that beiv
ant N THIS case II apPeaVs there were bat a.
sworn members.
Judge Oljn Concurred IN the views OF .TuIya
Wyhe. AMI added that tie laE was very eE-
pltcit as % Il e number o. the grant iIrv being
=, and fUrtte CT that the plea would be 10 late
after the party had pleaded 10 tue merits OF the
c'se; thar any intcrmality must be taken al
guilty.
Judge Macarthur dissented from the opi7ron
OF the court, holding that the jury here was
legal.
The following order was entered in the case
Ibat the order sustaining tue demurrer L.
the ulea in the court below be aud the same IS
hereby oyeTrued, ana that the proceeding ia
tce court belo" after the PRAYER for appeal be
SET aside and he'd for n0Ught, and that the in
C'Ctmeut be qup she'd.