Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-21


| THE DIFFICULTIES OF gNPASELLING 4
| JUDY.
Yesterday, after our report OF the case Of
| Whitley ct al, charged with conspiracy in con
| nection with the alleged safe burglary in the
District Attorneys Office, closed, in the Criml-
nal Court, Judge Humphreys, Gen. Henkle,
| for Col Whitley, concluded his argument OF
the ess in abatement, challenging the array
| OF the grand jury.
| Mr.. Dayidse said he had dled the pleas in
order TO reserve the points.
Assistant Attorney General H,I suggested
thai decision be made pro forad and the de
murrer heard in the General fern.
| The Court said it would be proper 20 give is
sue az 10 the facts of the pleas. That course
bad been pursued in the Underwood aud In the
Hun cases. He would sustain the demurrer
but II IN the course OF the trial he should find
reason to reverse this opinion he would DO 50
As 'he hour of adjournment was az hand he
would not enter the ruling tonight, but wOIld
leave the counsel to think over the matter. rhis
was acquiesced in, and after taking Whifley's
recogutzanc in $40 600 for his appearance from
day TO dav, the court adjourned until eleven
O'Clock this morning.
second Days Proceedings
The courtroom was this morning, a. on yes
terday, guarded by officers and policemen, but
from some cause, probably the impression thai
the trial would not be interesting until later IN,
the day, the attendance at the opening OF the
court I'll o'clOck) was not very large The
counsel were seated as on yesterday.
THE COURT CONVENED.
at II O'Clock the court was convened and the
Jurors called.
The court requested the counsel CMr. Hen
kle) to read the pleas, which that gentlemab
pToct eded TO 10.
PLEA NUMBER ONE sQURLCHgpv
The first plea, that the accused whitley
should not be further prosecuted, the court saiu
would be treated as nought for its dUplicty, for
II does not present question on which an ISSUE
OF demurrer can be treated.
The counsel noted an exception.
TIE ADDITIONAL PLEAS.
The second plea was read and the court sus-
tanned tne demurrer. An exception was noted
The third plea, that the parties who selected
the list tor tie jury box did not select them ac
cOTding 10 law, wss read.
The court said that this plea was double, pre-
sentirg question OF law and question Of fact
and he would sustain the demurrer thereto De
cause OF Its duplicity, adding that his judgment
was not hnal, aud il was IN the power or tn,
court TO correct it IL he found it erroneous a;
venbeT SOth.)
To the fourth pea, as to the drawing no,
being made ID the manner prescribed aud oy
the presence Of the proper officers, the c0uTi
OyeTruled the demurrer, and directed an issue
Mr. DaVIdge, for Messrs. Harrington and vii
Ea1Ds, Eotea an eNCI ton.
The demurrer to 4 e fifth plea, as TO the gran1
Jury rot having the required number, was sus
The sixth plea, as to competency OF tire,
grand juTgrs, wEs read, and the court direc5eL
an issue 20 be made.
hir. Riddle said that, as he was informei, Ii.
icuElu pea bet OuL the L0eY exist. ID
never understood that the persons named {.
prepare the list did not meet and deposit toe
names. The duties of the parties named di
not, be understood, 90 beyond the prepar atipst
OF the lists and placing the names iu the b.,
before the lst OF tebruery Of each year. o
This plea, II they went to the Jury, the vsrdic
WouId tie against tie government. On the pie
as 10 the competency OF some OF the grand Jury
the government would have to admit that one
al least, was DOt a taxpayer. de would ask,
the issue is made before jury, will not the iu
- a al N tod 1TIfh Ia.
pass upon their own competency? The c0udi
tl0n OF things which authorizes the summ0n-in.
OF tslesmen do not exist, and the ditiiculty -
ISIS that IN the pleas or the defendant there ..
no box He claimed that the court only con
Try the issues.
ASSISTANT ATTORNEY GENBRAL HILL 80
DRESSES The CoUaT.
Mir. hill tor the government, followed, stStiu4
that he had understood that the pleas raise Of.
same questions as had been raised In other tse-
He had given the question nsiderst.on du-in
the night and consulted member OF the Cal
net, and they had concluded that it w0uii l.,
safe for the government 10 go 10 trial, feu lin
perfectly safe IN risking the facts alleged. II
government was anxious tO go on with the C a.
and he had seen no reason for not going on sit,
IT,
The COur: directed the plea in relation to th-
drawing OF the jury not having been done il
the presence of the proper officers to be read.
MIR. Riddle said the government claimed tha
their attendance was not necessary.
The Court said he did not consider thei
presence necessary.
The plea was again read at the suggestion o.
the Court 20 the point that the clerk did no
break the seal and proceed to draw a Jury, an0
the Court said that the fact was that the Jurors
were drawn from the box, and directed that th
words be stricken out
MIR. Davicge said that he was willing to amend
the plea.
General Henkle declined to make any chang,
OF the plea.
The court suggested that witness be callec
to prove the drawing OF the jury frsm the box
ana directed that tue issue be made 10 so mucL
OF the plea as relates to the drawing from tn,
box, aud the demurrer would be sustained as t.
the balance Of the plea.
The defendant excepted to this ruling.
AMENDING THR PLEAS.
Mr. Davidge, after consulting Gen. Hsnklv
ana Mr.. COCK, suggested an amendment 50 a:
TO make the pies plain by inserting, "sni the
clerh diq not In the preseuce OF said officers pro
The court Gus aimed the demurrer to the plea
because OF ambiguity, and secondly, because
the law does not Too uiTe that the mere director
instructions 10 be literally carried out.
i he defendants excepted.
The plea az to three jurors not being tax-u.y-
ers was read, and the demurrer thereto sIs-
tanned, and an exception Was noted.
Assistant Attorney General HUI moved tAa,
the deieLdsnts be called Oh to plead over.
Mr. Dayidge asked a DELAY autH ne colid
prepare blll OF exceptions, which he iJi iu =
lew minutes.
The court said the minutes wuuld show ,,,A.
the plea II ''n0t guilty. was en5sre,t, saI /
MAS done Is TO Whitley, Harrington, ana E;l-
nams.
THE JURY CALLED.
The foll)wing jurors were called to the box
Christopher 5. O'Hare, Thomas L. johnson
Jesse +. NJ an, John Brown, Robert A. Griffin
X hard I. johnson, Adam Kesecker, Jos K
ILomrs on, John Nsgle, Edward Edwards
Richard Smith, and Thomas j. HoItEcIaW.
hT. Dayidge asked that the court indicate
how far they could go in the selection OF a jurv
that ms be entirely free from prejudice.
The court said that he would follow judge
CtancL and Chief Justices Marshall ana TAney.
The de- iendant has the right to four perenptory
challenges.
The court read the opinions OF Chief Justice
Marshall and others, and stated that the best
torn, in his opinion, that used in the trial OF
Burr; Have you formed an opinion about the
guilt Of" The juors were sworn ON their
rOire DIRE, as follows, as to II. Q. Whitley, Rich
ard darlington, and Arthur b. Williams:
Christopher 3. O'Hare In reply to the ques-
ton as 10 whether be had formed or expressed
an opipion about the guilt Of the parties replied
that be had not.
MIR. Davidge asked If each OF the three de-
fendants had the right of four peremptory chal-
lenges and asked for the ruling OF the Court
hlr. Riddle.-They had better ralse q point
first.
General Henkle.-We would like to know how
far We can 60.
The Court--You can exercise your iud1ment
tb st il part Of the business of counsel