National Republican. (Washington City (D.C.)) 1872-1888, 1874-09-25
CERTIFICATES.
--rTLNUATION OF THE TRIAL FOR
FORGERY.

Warriek, was resumed in the Criminal Court, be-
fore Judge Humphreys yesterday morning.
A severance was allowed, and it was agreed
that each Of the parties should be tried separ-
sicily.
Major Hail appeared by Mr., Hine and did not
join in the plea against the competency of the
jury.
Judge Fisher, in reply to Mr.. Cooks argument
yesterday, said the whole question turned on the
construction Of the words "from time tOSime." Mr..
Cook had cOntended that these words required an
action on the part of the court that had not been
performed at all This reminded him Of
HORACE ON HORSES TAIL.
You might pluck one hair, it would still be a
horses tail. You might pluck ten, still it would
be the tail of q horse. Take hundred, yet the
horse would not be taiIless, and it would be i'm
possible for Mr.. Cook to determine at what
point the horse ceased to have a tail. So in this
case, 1t could never be determined how often the
court should exercise this power. Whether every
month, every term, every year or every ten years.
Judge Fisher commended that the only meaning
which common sense could give to those words,
Itfrom time TO time, was that when one or all
these gentlemen should die, resign or be inca
FACILITATED, then from ''time to timo' the court
should select another or others in their stead.
judge Fisher then took up the propositions rel
alive to the requirement of the law Of 1862 that
Jurors should be taxpayers. He commended that
the eighth section explained that, and that
thereby citizen Of the United States residents of
abe District Of Columbia, between twenty-one
and si1ty-fve years Of age, not infamous, was
competent juror
As to the question Of the proper proportion,
Washington, Georgetown and the county, that
was repealed by the act Of ISL. He had not
amined as to the facts, but there would be no use
of arguing questions of law if Mr.. Cooks facts
were as grOundless as his complaint that CASA
way Waters was over seventy-one years Of age
when he was Just sixty-One years. However
he would argue the law as though AIR. Cooks
statement Of facts was all accurate. He con-
tended that under the law existing before 1862.
the marshal had the right to select all the jurors
In 1852 method Of selecting jurors by lists made
by certain officials the register, the clerk Of the
Levy Court, and lots were drawn therefrOm. The
law Of ISL repealed this method, and substituted
certain officers to select the jurors, just as the
Maryland law had done. The provisions requir-
ing certain method to be observed in this selec-
ton was directory, and not mandatory, and it was
within the discretion Of these gentlemen to select
in such manner as they deemed proper the men,
bers Of the Jury. Otherwise, we have had in this
District no legal courts since OctOber9, 1871 The
penitentiary would have to be emptied, and the
criminals in the Jail set free All would have TO
be discharged on writs Of hGBeaS corpus.
The Court. Upon that point person who did
not make a plea could take no advantage of
that.
The District Attorney. At all events, we have
in that case no Juries in this court, either grand
or petit.
Judge Fisher continued his argument at some
length.
Mr.. Cook replied, contending that from time to
time meant periodical. 1t must be done more
than once. The frequency must be determined
by circumstances in this case. The circumstances
ind hot fir7,pf IN
ally.
Mr.. Cook on this point re-read portion Of his
remarks made yesterday, and urged again the
several points heretofore urged by him with much
force. He would, he said, have the clerk of the
court sworn hereafter, to show that he alone drew
the names Of the jurors.
The Court. You cannot do that after the argu-
ment. The facts ought to have been put in before
the opening Of the argument.
MI Cook. This plea is sworn to- your Honor
The Court. That does not make any difference.
The District Attorney. Certainly, the facts
ought to have been brought in first; that's what
/ wanted you to do.
Mr.. Riddle. No; argue first and then make
your facts come in to suit.
The Court. Twill allow some latitude and allow
the clerk to be sworn now.
Mr.. L. J. Middleton, the deputy clerk, was
sworn, and testified that he drew the jurors
names from the box, and that neither MI Bowen,
Nj. Wormley nor Mr.. Philips were present.
Mr.. Cook. Now, your Honor, what becomes of
the District Attorneys argument? 1t was not
an anOinted hand that went into the jury box.
1t was not the clerk Of the court. 1t was Mr..
MiddletOn's, the clerks clerk, not an anointed
hand
The District Attorney. If the hand had been
CREASED it would have slipped out Of the box.
Laughter
Mr. Cook II it had been anOinted by the oil
of the law the papers would have chung to them
and have come out properly.
Mr.. Cook, concluding, commended that his con-
struction was a necessary one in order to prevent
the selection of the jurors from being made by
one man, without the cooperation or superinEend-
enee Of any one whatever.
Some witnesses were here introduced as to
facts.
W. A. Bass was introduced. Mr.. Cook said he
proposed to prove by Mr.. Bass the age OF Casa
way Waters.
Mr.. Boss testified that he has known Mr. Waters
for thirty-hve years; judge that at that time he
was a man about forty-three years of age; he
knew that he came to Georgetown ffty-nine years
ago; then boy large enough to take care Of a
house. He told witness afterwards that he sup
posed his age to be sXty-th or sixty-fOur years
Judge Fisher. When was that?
Witness. Day before yesterday. His sister said
that she was born the year after he was; that her
mother had sixteen children, and that there was
six between her and GassaWay, and that CASA
way was between seventy and seVenty-fiVe years
Of age.
Gassaway Waters testified that he had always
endeavored to conduct himself properly.
An Attorney. What has that to do with your
age?
MI Waters. have always made up my mind
to keep what know to myself, and then can't
be disturbed. My mistress told me was twenty
ak when was married, and kept up in mem
DRY till now. am married man. I was twenty
six when l was married, and have been married
thirty five years.
Mr.. Cook stated as additional reasons in sup
port Of the motion that the law requires the
grand jury to consist Of twenty-three persons,
but that in fact there were only nineteen persons
who were members of the grand jury by which
this indictment is found, and that five of the per-
sons originally summoned as members of the
grand jury were excused, and that James Fergu-
son, Oscar HenshaW and James W. Harry were
called in their place but not sworn.
Mr.. Middleton, clerk Of the court, then testified
that he knew these three persons, and that they
were sworn by him as members of the grand Jury
d due form.
The Court directed the minutes to be amended
as of that date, to show that they had been sworn
Mr.. Cook excepted TO the amendment
murrer to Mr.. Cooks plea
The Court. WcII, Will sustain the demurrer
now in the other case.
The District Attorney. In that case the usual
issue has been given by the clerk.
The Court. Then 1 decide that case for the
Government.
Mr.. Cook desire, your Honor, to note an ap-
peal in this case.
The Court. Suppose you men are not found
guilty, would you want to call it up then?
Mr.. Cook. We would like to have this question
settled, and hope your Honor will assist me.
After an intermissiOn, during which the trial of
s. b. Murdoch for sending threatening letters |
took place, the cases were resumed, and
HILNAN A. HALL CALLED FOR TRIAL.
District Attorney Fisher appearedIior the Gov
eminent, opened the case, and was replied TO by
J.. g. Hine for the defence.
The witnesses were then called as follows.
Charles D. Candy testified that J. W. Bailey
passed TO him the certificate for $40 in payment |
Of goods. Witness put his name in the blank
which came in the words 'pay to the order Of
forty dollars" but the Endorsement of his name |
on the back was forgery. Witness passed in |
the order of Mr.. Baker.
George E. Baker testified that he could not re- |
collect what he did with the order when It was |
handed to him by Mr.. Candy. He supposed he |
put it in drawer. The police or fremen were |
often accustomed to come and get their certif-