Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-05
THE LEGALITY Of THE GRANn
Lu-RY
The Treasury Robbery. Perry Fnpr.
Iary and Say der Release Ca -

TIE criminal SOurt, Judge MP A
yesterday, after our report ciosei TIE hear.
ing was continued on the PIES challenging
The array of the grand jury died IN the cases
OF Evans, Leighton, Fi.ner and Green. in
dicttd in the 4" Bogus faesn ease: Ottman.
Hsneck and Brown, In the Treasury rob
oery case, and =. ". Fisher for aostracting
court 4pers. The government was repre-
sented. by District Attorney Wells, Hon
JereI niah M. Wilson and II. H. Wells, jr.,
anr. the accused by Messrs. w. A. Cook, r.
x. Elliott and s. 8. Herkle.
The trial was on the pleas as to Mr. W. ID.
Wise, one OF the grand jurors, being over age.
and Mr.. Wise was ON the stand when TIE
STARS report closed, and testified that at
the time he was placed on the grand jury
he stated that he was not over sixty-five
years old, believing he was under oath at
the time. Was present at the time the grand
jury received Instructions; have been in
many kinds OF business-laborer. hod- car
rier, contractor, and in other businesses;
doirg nothing now; last June had a contract
Tor furnishing cedar posts for the govern
ment; was once employed by Gales < Sea
ton.
Q. In what year was tibet? Was IL before
or after the battle of Bladenburg? a. l
think IL must have been before. Laughter
This closed the evidence, and Mr.. Riddle
argued that the testimony showed that Mr..
Wise was over G5, and he was therefore an
Mr.. Wilson, for the government, followed.
He said that after this jury had been al work
since June 20, its legality was questioned.
If the jury should be found Illegal, or, in
other words, no jury at all, the results could
not he otherwise than terrible. The defense
must prove clearly and conclusively that
this juror was over siXty-five years of age.
Their prepOndeTance of testimony amounted
TO nothing, but the evidence must be clear
and conclusive. The government does not
have TO reconcile the statements of witness
The defense has as yet offered no affirmative
evidence.
The court was convened at 10 o'clock this
morning. and District Attorney Wells COM
menced his argument for the government
Mr.. Wells said that there was a question in
his mind whether he should occupy any
time, but the magnitude of the question in
VOWED impelled him 10 argue IL. He caIlel
upon the decision in this case, and said that
IL the present grand jury was not legal
body there is no hoPe of legal bOiy. The
law prescribes that jurors must be twenty
one years OF age, and a man might be mis-
taxed as 10 his age and afterwards the dis
cOvery be made that he was not OF that age
would IL be policy then 10 order the muir
dereTs and other criminals to lie in jail until
the defect can be cured. After impresSing
me lu1y with the magnitude of the ques Lion,
MI We'ts urged that if they were satisfied
II at Mr.. Wise was over IS years of age they
should say so let the consequences be
what they may. The burden OF proof
was on the defendants, and he asked
II they had so shown his age. Mr. Wise
had, when empanelled as grant juror,
stated that he was not over is, and that on
his belief, under the solemnities of an oath
and had testified that he would not be 65
until June next. Had his statements been
contradicted? He cared not whether Mr.
Wise saw the world submerged or heard the
Angels sing when the birth of the Savior oc-
CURED. Mr.. Wise had testified that he
believed he was not 65, and they had not
proved the contrary. They had failed, utter
ly, To prove the issues. They now say that
Mr.. W1se's recollection is feeble. Why did
they call him then as witness? They
were all drifting on to the time when 40
special pleas will save a sinner. (Mr Cook
Nothing but special plea will then avail
In conclusion he said they had failed 10
prove what they had attempted.
MR.. MERRICK, FOR THE DEFENDANTS,
closed the case He had been benefited by
the argument OF the District Attorney, but
he differed from him. He had portrayed tue
terrible consequences which would follow an
affirmative verdict, but with this the jury
had nothing 10 dO-they were to find the fact.
Mr.. Wells had urged that If this grand Jury
was not legal, they could not have a legal
grand jury. He did not like to hear such
sentiments, even on the hastings, much less
in the solemn precincts of a courthouse They
should obey the law and carry il out strictly.
If the higher officers of the government do
moi know how TO get grand jury, there was
a remedy-put people in who DO know how.
If the commissioners appointed had not per
formed their duty, others should be appoint
ed. Aud If this jury find by their verdict
that Mr.. Wise was over age, then il foI lows
that his name was placed wrongfuIly in the
box, and the court should remove the com
mlssioners. with an upright judiciary and
intelligent legally drawn Jurors tie citizens
rights are protected, and he is better Off even
III Tue Legislative department is IDLE and the
hands OF the executive are tied. Tue
District Attorney rrges the Importance
OF finding that the juror is competent one,
because the Jail is full and men will suffer II
the verdict is otherwise. Why you can
scarcely turn corner without meeting some
fellow under recOgniZance. He denied that
II they found for the defendants that man
will escape. unless the District Attorney
allows IL. He asked why the government
bad attempted to scare this jury. AS TO his
friend Evans he would state that he (E) was
moi In favor of DltfinQ in Eiafnrv MI
being convinced of his innocence, although
he had managed here in Washington to get
in devilish bad company. Mr.. Riddle urged
that the question as TO the legality of the
grand jury ought to be raised for the benefit
OF the public, and Mr.. Evans then coincided,
siIhougn anxious Tor speedy yindication OF
ton they had decided TO raise this question
as duty TO their country, their families
and the public. Mr.. Merrick read and com
mented on the law, noting that lawful men
who have never been convicted are required
and yet: according to the argument OF his
friend Wells, If one of these birds from
Albany gets on the jury and the question is
submitted TO jury as the pending QuestiO
is, they must find that the man has not been
quences which will follow. Mr.. Merrick
then took up the evidence of Mr.. Wise, and
said that he testified last February year
that his age was &c to his best recollection.
The record of the Oldest INHABITANTS As,o.
ciatiOn-''W. ID. Wise, born June 8th, 1907
was next referred to. The only evidence
tDdt Ne WIS over I'd Is what ne SAID ABOUT the
quarrel with the parsOn when his mother
said he was but Is years old, and she very
naturally Joined with her husband in stand
ing up that he was a minor. Mr.. Wise says
he shaved at 13 years OF age. had whiskers at
H. Why he (Mr. NJ y had his whiskers white
a little over 40. You see how natural il is
pot to tell the truth about our ages. But IL
he was called on TO record his name on the
rolls OF the Oldest Inhabitants he would have
TO write "R. I. Merrick, born In Charles
County, Nd, 1926" IL was preposterous to
say that Wise was minor In 1875, when he
was married by Rev. Mr.. Mccormick, a
regularly ordained minister. Then Wise recOl-
lects the Red Coats, who were here I'm Au-
gust 1914, and he tells you that he was born
In 1911 or II. Could he remember when he
was but two or three years old. He did not
think Ii was possible with the boy. Girls
were more precociOus; he had observed that
girls walked sooner than boys. and also
began 10 prattle sooner and would keep il ND
longer He (Wise) recollected particularly
OF sailing under British cOlOrs by wearing q
red petticOat, and il would have been i'm
possible to have recoilected this if he had
only been two or three years of age In con-
cinsian he urged that the jury confine them
selves TO the evidence and find accordingly.
JUDGE MACARTHUR
read the issues, and said IL they find that
Wise was over 65 years of age on the I'D of
June last, they world answer yes" In the