The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-05-19
The Grant Parish Prisoners.
Second Trfal-First Day-

very animated, but by no means bright,
appearance this morning. The space out
side the bar was filed with the newly en-
franchised of both sexes, and the gaudy
get-up Of some and the utterly reckless get
up of others recalled wildly to mind a
plantation holiday of the olden time. Most
of these bedecked individuals were wit
nesses in the case, both for the defense and
prosecution.
The number of witnesses for whom sum-
mons were issued on both sides is 249, and
of this number it is calculated that three
fourths are in attendance on the trial
At about 1O:45
The Prisoners
were brought in, and were in short time
joined by their co unset.
Beckwith about this time commenced to
wander in and out and around the court
room, looking wise but saying nothing ex-
cept now and then holding a whispered
conference with DeKlyne, who looked
happy.
Many of the prominent lawyers of the
city were present, though our other classes
of citizens did not come out well.
At 1l:3O Justice Bradley and Judge Woods
assembled the bench.
The Deputy Marshal then commenced call
ing the jurors. At the conclusion attach
ments were ordered issued for ALT. Moulton
and Isaac Bell.
at bar was then called. United States Dis
trict Attorney Beckwith announced the pros
ecutiOn ready.
Nv nhnlf of hn
asked a call of his witnesses.
When it was concluded. he arose aud
said
Now, may it please yonr Honor,we intend
to challenge the array of jurors, ard | ask
that, before we do this, witnesses for the
defense and prosecution, without exception,
be excluded from the courtroom. We do
not want witnesses for the pros, cution to
hear the evidence Of the other witnesses.
We intend to examine witnesses on our
challenge, and that is the reason we desire
their exclusion now.
Justice Bradley-What is your challenge
Mr.. Whitaker-Well, your honor, it is
this
Justice Bradley-The challenge has to be
made in writing.
Mr.. Whitaker-I am aware of that, and
am about to read from it, it is as follows:
Mr.. Whitaker here read the challenge.
Justice Bradley-Your challenge is not
legal, because it does not set forth the law
which has been violated 1t must contain
all the points, SO that the Court may thor
Oughly understand it.
Mr.. Whitaker-If your Honor will allow
us few moments we will amend our chal-
lenge SO as to conform with your ideas and
suggestions.
Time was granted.
After tho expiration of probably fifteen
minutes, Mr.. Whitaker presented the
Amended Challenge as Follows:
UNITED FIAT CIRCUIT COURT THE FIFTH CIR
CUT AND DIsTnICT OF LoUIsIAN>-ND H.
listed states c. c. NAH EFT AIS
Now come the defendants, Cruikshank. Ha mot
Hickman. J. B. P. Lemone, d. Lemoine Gibbons,
Irwin and Penn, by their attorneys. VIM r. Whita-
or, John Ellis r. II. Ma and d. 8. Bryon, and
challenge the array of jurors drawn and select
cd for petit jurors OF this honorable court for the cur
rent term, upon the following grounds 1. That the
said jurors have not be selected in acco dance with
the laws Of the United States in that regard in this
That they have not been selected in manner as near
practicable and possible, and near may be 10
that scribed b, the laws OF the State Of Louisiana
for the selection Of jurors to serve as pet
jurors in the county Of the State, and Of the
parish Of Orleaus, the law of the State requiring
that such jurors be selected by two Commss oners,
appointed by the Governor and without asss ance
of the ERIK and Sheriff. Whereas the jurors Of the
present array selected by two design tied fire
holders and the clerk OF this court and the United
States Marshal The laws OF the State, requiring that
the jurors should have the qualifications requisite to
become reg stored voters. whereas the jurors of the
present array selected only from qualified elect
who had been already registered. eprlviug the
defense Of The benefit OF the selections II jurors
qualified to regi ter but not registered, the Stale Jaw
requiring that the petit jurors shall tiected and
drawn ten days before the beginning Of the term.
Whereas the present was drawn after the begin
ming Of term and within six days OF the day Of
trial.
That the said jurors have rot been selected in the
mode ana OF sucn persons as are prescribed by the
rules of this honorable Court, in that halt atopteI
m fha Q4r6p f DerQm her 1sTl
present is required by said rules to be selected
without distinction Of ace coor at the time OF said
selection and drawing the clerk did not each name
was drawn from the box, enter such name upon
list Of record and deposit the ballot thus drawn in
separate box ct re drawing other names.
That divers and sundry Of tn jurors Sc ected and
draw w.t. Jacob Wolf Ernest Oh. Waller and 4.
g. Curry and others volunteered tn If
jurors with special view to sit upon this and
were accepted and piaaei upon the list. hat the
whole array was hot selected by the lerso desig-
mated by the said rules bur contins many II me
offered to the sad pei by Others, aud by hen dc
cepted. Where these defendants pray mat the
array be discharged. qias ned and set aside
Justice Bradley, after asking quite q
number of questions in reference to the
challenge, for the purpose, as he stated Of
satisfying himself as to what was meant,
and after having received apparently salts
factory answers from Mr.. Whitaker, said !:
"We think the passage Of the recent law
does not require the Court to change its |
rules. think the lati ude given to the
Court does not require it to jump around
and change its rules Immediately. think
the Court is excusable for not having |
changed its rule. 1t requires time to do
this, and consultation of the judges. And
this takes time. l think that on the legal
points there is no objection to the jury.
That the panel was not drawn in accordance
with the rule of Court, is a question of fact" !
Mr.. Beckwith dill not think that the chal- |
lenge OH this point was explicit enough in
its specifications. He did not know of any
specifications.
Justice Bradley magnanmously ex
pressed himself as entertaining the same
ideas of the subject, but sagacously re-
marked sunless the clause that the pres
ent array is required by said rules to be
selected without distinction of race or COLOR
IL intended as one.''
Mr.. Beckwith had the intention of tell !
ing his Houor what was meant under the
law, and the rule by the expression with