Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-03
THE LEGALITY OF TBE GRAND
JURY.
The Treasury Robbery, Perry Bar
law nnd NnNder Release Nase..

JURY.
The Treasury Robbery, Perry Bar.
larry and snyder Release Cases.
In the Criminal Court, Judge Macarthur
yesterday. after our report closed, the argu.
nCnt was continued on the pleas challenging
the anay Of the grand jury filed in the cases
Of Evans, Leighton, Fisher and Green. In
d1ctsd In the bogus Edes" case; Gilman,
Halleck and Brown in the Treasury rob-
berry case; and &. G.. Fisher for abstractInS
court papers The government was repre-
scented by District Attorney Wells, Hon.
Jeremiah VI. wilson s1d ii. II Wells, Jr.,
and the accused by MesSTs. w. A. Cook, X.
q. MeTTick. n. G.. Riddle. F. p. Stanton, Il.
X. Elliott snd s. 8 Henkle.
Mr.. MeTrick, after the recess, said that
Tie question was, whether the persons named
in the pleas were disqualified from serving
IS grand jurors. The statute expressly pro-
VtdeS that the grand jury shall be composed
Gf tWenty-thlee persons. The plea alleges
nat four of Them were diSqHa lifted. and the
second shows that four or five OF them did
serve ard continue to serve a. grand jurors.
he argued tha the principle of law was verv
plain. and had often been established. that
where ore iuryman was disqualified the
whole jury il Initiated thereby, citing many
authorities tn SUbStsntiste his argument.
The court admitted the truth OF the argu-
Eent, and said he presumed the counsel for
the government would not attempt 10 con-
Mr.. Wells said he certainly did not pro
pose TO do so.
Mr.. Norrick said he had shown that there
were men on the grand jury who were dis
qualified for the reasons set forth in the
IleaS. The counsel for the government had
stated that the duties relating to the inpan-
eliJ Cf grand juTies were only directory. IL
was very difficult 70 determine what duties
are directory, and what are mandatory. As
= general rule whatever the law 1iTecfS to be
cone II corGaO4s6S 10 be done. If the COM
mancS OF the law have not been compiled
with. and We have not a legal or competent
ITard jury. then a conviction under these
indictments would he equivalent TO setting
tie defendants free. Their lives would be
DUt IL peril once and having been Illegally
convicted they would walk out of prison
fIee, end free for all time a. far as this Of
fence was concerned. He urged that the in
elements be set aside. The government
could wait, and would lose nothing by wait
y 2, and the prisoners could he held by bonds.
Re was willing to try the case upOn its mer-
us; but de.iIed 10 DO so upon legally found
II dictfDent.
ftntlOn OF the court To the plea which sets up
mat the law was not complied with where ii
says That Eat least ten DAYS before the open-
1rg Of the court" &C. He said the evident
intent was TO give the public an opportunity
81 knowing what action had been taken al
LGS ten days before the opening of the court.
he represented Mr.. Charles Fisher, and
wished Ia Withdraw the plea which he had
led on behalf of his client. and substitute
The language of the pleas offered i'm the other
case. so as TO have them uniform in Tau
guage-
The Court presumed there would he no Oh
lection.
District Attorney Wells said he did object
to the withdrs wal
Mr.. stanton said il was his right. and he
would insist upon his rights in the premises.
Adjourned.
TODAY.
On the opening Of the court this morning
There was very large attendance. and Gov
ernOr Wells, the District Attorney. COM
menced his argument for the government.
He claimed that in the matter Of drawing
ana summonlDg the jurors the clerk and
marshal had acted cOrSeienfiOusly, and thai
GOnld tBp " nd bo
argued that it was the duty OF counsel to
have raised any objections to the grand iurv
before these indictments were found and
That whatever defects there We're. if any
exist. they are fully cured by the statute.
DECISION SUSTAINING THE LEGALITY OF
THE GRAND JURY.
Judge Macarthur delivered his opinion
sustaining the demurrerS, taking the ground
that these Vatters of form, which were sim
ply dlreciofy and which did rot go 10 the
reai qualincattnDs OF the grand jurors should
not be sustained as matter OF good, sound
law. lie renumerated the qualifications as
prescribed by the statute, which were citi
zenship, age and coed character. These were
The essential requisites OF a grand Juror, and
me others were mere matters OF direction.
and did not go 10 the real essence OF the re-
fuirements- He referred TO the decision by
Ire supreme court of Pennsylvania where
the court sustained the challenge on the
ground that there was one seal wanting ON
the box from which the names were drawn
and said that this was an extreme case
and was sorry To say that he could not
The present case the present objection was
brought by way of plea in abate-
ment, public policy and the interests Of
the community demanded that the object tn
he attained was that the party should have
a falr trial by his peers rather than the man
ner in which the mere matters of detail are
carried ont. Should this plea be granted, the
whole work OF the present grand Jury. con-
sisting OF over one hundred indictments.
would be rendered futile. and there was great
PROBABILITY that all future grand juries could
aside % Srsr1 fYFRIs bod
Teen nut few II any grand jurles empanneled
IN this District 10 which some slight techni-
g gal ooJeciions could not have been made
The commissioners who selected the names
were not experts in the statistics of the Dis
frlct, ard were not supposed 10 be familiar
with the records Of the court and they were
liable tOs small errors. He therefore sustained
fle demurrer
ANOTHER POINT.
MI Cook said that there were pleas as to
me iIcompetency Of Messrs. Wise and Keys
tfand JuIoTS. being over g years of age, and
here were witnesses present.
Inc court suggested that the furOrs were
present and could testify.
M Cook said that they could not be goof
witnesses a. 10 their own age. They would
lave to swear a. 10 their belief.
AT TINS point recess was taken.
At one O'Clock, on reassembling, Mr.. Elliot
asked pOstponement until tomorrow on
the hearing OF the pleas IS TO some OF the
present. The postpOnement was granted.
TIE TREASURY ROBBERY.
AE- Me- lOf BdllecK, 0leu Spcciai pleas
10 the indictments against him, (Halleck.)
ore charging the larceny OF si7 800 from the
Ibited states, and the other with embezZling
ne moi ey. The pleas raise tine question
mat both the offences are one.
sui FOB ENTHUSIASTICALLY Mr.. HAYES
~ . Oil IN The Equity Court for Lola V.
walsh ast Joseph Walsh for a divorce she
sIates tn&t she married defendant in Alex
andrla ON tne I'D OF May, 1870, her mai.len
name being Brumidi; that they have lived
Iogether since In New York, BROOKLYN and
washington, and she cuarges him. on infor-
NATION and 1elief, WIKI adultery in New
YORK and this CITY, particularly with Nellie
SHERMAN a. Lizzie Peferson's
Mr. BAYARD TAYLOR will deliver an al
dress To night at the Congregat Jonal church
befcre the SebiEsrbuDd. in honor of the Ii6th
birthday OF Schiller. The address will he
Irelnded with music by Prof j. w. Bischof
Tickets for sale at Ellis music store.
CHAISs-vest. chafalin and opera - made
hy BOrrows & Co. These chains take the
place OF solid gold for appearance and wear.
They sell for from three To twenty dollars.
Ll-A