National Republican., 1875-11-02
CRIMINAL COURT.

Treasury Robbery and B:gus EdsI Casss-The
Prisoners in G0urt-Isgalify Of the Grand
Jury.
Yesterday morning the Novtnhes tenn Of the
Criminal Court was openeJ by JlCge Mac
Arthur, and the petit jur.rsdIavr.
An ord~r WIS given to bring into court the pris-
oners IN both he Treasury Iobbery At the Snyder
release cases. In *he ne Inwhile Judge MscAr-
thur stated tie order II business could be ar
ranged 90 as to facilitate matters as much as
possible.
Considerable tins was spent in discussion re.
garding the order II argument upon sugg Ssf'-la "a
made by the cursel for the conspire ,rs tn at all
me cases q heard under one argument
Mr. Wells stated thILt the case of Mr. Evans
~as the only one rerfected and ready for trial.
1t was theE agreed that the case OF Evans be
taken up dizinctively, but that the arguments In
that case apply to all under like Indictments and
the prisopefs, Ottman, HaIlsck and Brown, the
alleged Treasury robbers; Green, Evans and
Leighton, indicted in the Snyder-reiease case, and
Fisher indicted for abstracting court papers, were
then Brought into court. Messrs. Merrick, Riddle,
Elliott, Stanton, Henkle and Cook appeared for
Hop. iH Jere%iab MI M. WiisoS for A he GCyernment.
Mr. Wilson opened by stating that In the pleas
| of abatement which had been fled the same rea-
sons were given in each case why these parties
l. That the names OF the grand jury were drawn
less than ten days previous to the commencement
2 That the names of nine Of the Jurors had
been before drawn from the box within Two years.
g. That the marshal did not serve the Jurors
with notice Of their selection five days before the
commencement Of the term.
4. That the talesmen were illegally selected,
because the names of the persons whose vacancies
they were chosen to fill were not drawn from the
bex ten days before the term.
s. That John Young, one Of the persons origin !,
ally drawn, having been returned mot found,
| the vacancy was filled by summontng talesmsn,
instead of drawing another name from the box.
missiopers to make the list OF names to be placsd
in the box was void, because it recited the exist
ADOPTION Of the Revised Statutes That portion
acted on by the court was not, however. repealed
Z. That two of the grand jurors (W. u. wise
and Samuel Key) were over slxty-hve years old.
All the objections, except the last one relate
exclusively 10 supposed in selecting,
drawing andimpsnneling the jury, the last one to
personal qualifications Of two jurors.
Mr.. Wilson said that treating, as he must, that
all of Fishers and several Of the pleas-the Sth,
9Th and 10th Of Leighton-0ut OF the case, the
other nine pleas are not sufficient and bad in law.
]. Because Irregularities in selecting, drawing
and impanneling the grand jury, which do not go
TO the qualifications of the jurors, and do not de-
prive the accused ofanY substantial right cannot
be raised by plea in abatement. United States
W IGR 9R ssasPd 5 S Sassi rsed un
ted States vs.. Tslmon, Blateh-, p q, n; II,
Hawkins Pl. Crown, So7, section Ilo Ill, Baeon's
?. Because each Of the several provisions of
the statute, whose provision, It is claimed, have
been disregarded In whole or in part, are merely
directory, and q noncompliance with them where
n bad faith, corrupt practices, or fraudulent In
tent is alleged, and where the accused is deprived
of no substantial right, does not vitiate the pam
mel or render the Indictment void. First, Blsh.
Grim. Pr, sec. SIS, (2nd Ed.;) Patton's Decs on
St. note p. 226; Sedgwick on st. law, PIP. 35s TO
SI5; johnson VS.. Stie, So Miss, PIP. S3S 3o4; State
We. Lane, Wis., p. 292; Collie VS.: Ives. II Conn,
p. 242; People VS.. Allen, Wendell, p. 4So; REQ
pie vs.. Doe, Mich, PIP. 452, 453.
8. Because all the irregularities complained OF
within the 1025th section Of the Revised Stat
utes which provided that mo Indictment found
by grand Jury in any court OF the United states
shall be deemed insufficient, nor the trial. Juog-
ment or other proceedings thereon be affected by
reason of any defect tmperfection in matter Oh
form only which shall not tend to the preJudlce
of the defendant" and by that statute are fully
cured.
After the conclusion of Mr.. Wilson's argument,
the court took a recess, and upon meeting Mr..
Riddle argued that the plea against the Jurisdic
tion of the grand jury would challenge special
demurrer. If the law making grand jury was
simply directory, they might be dispensed with.
The law, It is true, prescribes the manner oil
drawing and making up grand Jury, but is a
useless formula. The law also prescribes the
requisite qualifications for grand juror, and IN
less he be possessed Of such qualifications he Il
incompetent to serve, no matter whether MS
name be drawn or he be summoned otherwise
He desired the case to be placed and decided upor
its merits.
Colonel Cook followed Mr.. Riddle, but his argu
ment was not concluded.