Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-09-24
THE FORGED FIREMEN's CERrIFi-
GATES.
An Important Legal Point.
Was the Late Grand Jury an Illegal
Body?
Interesting Proceedings tnIthe Crimi-
nal Court To day.

nal Court To day.
In the Criminal Court, Judge Humphreys,
this morning, the argument on the plea in
abatement filed by Messrs. Cook and Bond yes
terdsy, in the case Of Underwood and Hail.
charged with forgery of fremen's pay certif-
Gates, was resumed. 1t will be recollected that
TINS plea raises the question as to whether the
grand jury, which found the indictment in this
case and the safe burglary case, was properly
drawn or qualified.
Mr.. Cook having concluded his argument yes
terdsy,
JUDGE FISHER FOR THE GOVERNMENT,
commenced his argument in reply. he claimed
that the motion was really motion to qussh.
As to the point that the lists of jurors should
have been made "from time to time, }" he said
the act OF Congress provided that the court may
from time TO time, &C, and therefore it was not
mandatory. The fact that the court made no
further order than that OF 1sT shows that in the
opinion OF the cOurttt was unnecessary to make
other general lists. Anterior to the act OF 1852
the marshal selected the jurors, and he had tn
entire control. Judge Fisher claimed that the
act of ISL repealed the law of 1852. This law
OF Isl does not say anything as to the proper
tons 10 be observed, but SIMPLY declares that
the commissioners shall make lists g. He
argued that these commissioners simply to *
the place OF the marshal.
Judge Humphreys at this point asked IL the
parties were IN court and received the ans Eer
that MT. Han and hIs counsel were absent. He
then asked If Mr. Cook desired a severance,
and the latter replied in the affirmative.
Judge Fisher commended that the commits
sioners might make lists for juries under the
act OF 1871.
Mr.. COOK REPLIED,
saying that admitting that the law Of II re-
p9aled the act or 90, then the juIies must be
Drawn according TO law as it existed at that
GATE CO., and the Juries as they now exist have
not been legally drawn and consequently thev
are not legal. He claimed that "time To tims'
used in the act implied that there must be more
than one order, and argued that but one order
having been made, and the commissioners haT-
ing placed the names in the box in ~, they be-
came fUHctas CfieiO. He then argued that the
names were improperly placed in the box, the
box was improperly sealed, and the drawing
was improper, in that the clerk drew them. He
proposed TO offer some evinence on this point.
EVIDENCE OF THE CLERK OF THE COURT,
The Court-Call the clerk.
Mr.. Middleton, the clerk, was called and
sworn, and stated latter examining the record
of the drawing of June last that he drew the
names from the box; that neither Messrs. Bowen
nor Wormley were present, and he oo1ld not
say whether Mr.. Phillips was present or not.
Mr.. Cook continued arguing that the law re-
quired that the Commissioners should be pre-
sent; that it was not contem plated that they
should only prepare the lists and leave the
drawing TO the clerk exclusively. He called at
named by the order OF the court was present
QUESTION OF TAKES.
Mr.. Cook at this point submitted the affidavit
Of John +. Cook, collector, that he had care
fully examined the tax books and does not d nd
the names of T, A. Newton and Martin +.
Reese (wbo are on the grand jury on the list Of
tax payers.
ACQUISITION OF AGE.
Mr.. W. A. Boss was called to testify as to the
age of Gassaway Waters, Zone of the jurors
said TO BE- over sge,) and said that he first
knew him about IS years ago, when he (WD
was about AZ or - years OF age; that Waters
told him he came to Georgetown SO years ago
a horse; that his sister, Mrs. Beckett, said she
was born in April after the war of ~; that there
were seventeen children in the family and six
between Gassaway and herself, and that he was
a & III Qna
While waiting for Mr.. Cook Judge Fisher
called the octogenarian, Gassaway Waters, TO
the stand. He testified that he had always
managed to take care OF himself. He was a
married man now; was 20 years old when he
was married, and had been married IS years
He learned his age from the family Bible, and
kept il in his head; sometimes when asked his
age had told people that he was not 100 and
sometimes that he was not IS.
Gross examined by Mr.. Bond:-He had to take
things as they were told him.
2. Do you recollect the war with the British?
A. How long ago was that; 1 recOlIect
bearing people talk about the wsr
talk about how his master said the red coats
were coming.
This closed the evidence.
OTHER POINTS.
Mr.. Cook said that there were some points he
had rot argued-that the law requires that the
grand jury should consist Of %, when there
were but 10 on the list.
Nh Bond said there was a further point that
the minutes of the court DO not show that four
mem beTs of the grand jury were sworn.
The COuTt.-WhO are they?
Mr.. Bond.-B. Grant, James ergus0n, Foster
Henslsw and Joseph W. Harry were dra yn.
The first was returned honest, and as far as
they Ind the last three were not sworn.
Mr.. Middleton, the clerk, examined the
record OF June 10th, 1.-THE day on which they
were returned) and was sworn, and testif ID tn at
he personally knew those named and they were
sworn as grand jurors.
The Court directed that the minutes be
amended.
MIR. Bond.-Win you allow US to note an ex:ep-
ton.
THE COURT SURPRISED.
The Court-"Gentlemen there ara some
things in this case that am surprised at" (To
the clerk.) "Mr. Middleton after the entry
amending the minutes state that the court sin
abundance Of caution and out OF courtesy allows
an exception"
At this point q recess for five minutes was
taken.
THE COURT DECIDES" FOR THE GOVERNMENT"
On Resembling, the District Attorney
stated that be had joined issue as TO the plea in
abatement as to the grand jury and as to the
Petit Jurors he filed demurrer which he read
The Court will sustain the demurrer
What have you to say as to the grand Jury?
Judge Fisher.-We Joined issue on that
The COurt-I will find for the government
MIR. CoOk.-We desire to appeal.
The Court.-I cannot entertain such motion
now; suppose that your client is found not
guilty, would you then appeal.
MIR. Cook.-We would like the questions to be
settled.
The court then took up other business.
The case will probably be taken up on excep-
tons.