The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-04-18
The Political Cases.

The United States Circuit Court was convened
at Charleston at III o clock Tuesday morning,
Sth inst Judges Bond aud Bryan presiding,
and during the day 8 session Judge Curtis, OF
New York, occupied, by Invitation, a seat upon
the bench The court room was crowded with
a large and mixcd audience, the greater portion
being jurymen. witnesses and parties accused.
As soon as the last notes of the crier's voice
died away the Clerk of the Court proceeded TO
call over the names Of the jurors summoned to
attend.
General James Conner, one of the leading
counsel for the defense in several election cases.
then rose and said elf this is the proper time
in the practice of the court we take exception
to the entire panel Of the grand and petit ju-
rors We have made the objection in o single
case only, viz: that of the United States Vs.
John j. Dargan, but it will be found to be equal
ly applicable to oil the cases which will come
before the court ut the present term. We there
fore beg leave to submit our obj jections in writ
ing as follows
Mr.. Julian MITCHELL Of counsel for the de-
fense, here read the paper, which after q pre-
amblc, sets forth the following objections
"And hercupon the said John J. Darsan chal-
.s%ggs sa sne aTras ., sne sa.u oos
and petit jurors to serve at the present term Of
the United States Circuit Court were not drawn
in accordance with law in this:
II. That the said grand and petit jurors were
order of Circuit Court, dated 23d December,
1878. In this that all Of the commissioners de-
signated by the court did not attend to perform
the duty devolved upon them by the court, but
that A. Blythe, one of the commissioners desig-
mated, did not attend participate in the selec-
tion and that tho duty devolved upon him was
performed by A. M. Booker and j. L. Hagood.
"2. That the said grand and petit jurors were
not selected and drawn in accordance with the
rules of the Circuit Court for this District In
this that the order of the court should have
provided for the selection of 500 Names and
that the box cannot under the rules be filed up
from time to time by partial selections, but must
be exhausted and then re-flled.
"3. That the said grand and petit jurors have
not been legally served That several of the
Jurors, grand and petit, who arc returned by
the marshal as personally served or served by
copy left, were in fact served through tho post
Office.
"4 That one of the commissioners designated
by the said order Of the 23d December, 1873, to
wit Absalom Blythe, was not person residing
in the Eastern District of South Carolina.
"5. That the citizens selected by the said
commissioners were not selected from the sevc
raj counties comprising the district Of the State
in which the trial is proposed to be had, and in
which the said John J. Dargan resides, and in
which the alleged offcnscs were said to have
been committed, viz. the Eastern District of
South Carolina, but n portion Of the citizens so
selected were from counties within the Western
District of said State.
"And this he, the said John ]. Dargan, is
ready to verify; wherefore he prays judgment
that the said panels may be 9uashed.'
A. G. MAGRATu,
JAS. CONNER,
MITCHELL & SMITH.
Sworn to by ]. ]. Dargan in the usual form,
before Il. A. Marshall, Notary Public.
While, at the suggestion of the court certain
amendments were being prepared to this paper,
District Attorney Northrop said:
In the interim, may it please the court, it may
be proper that should move the court in a
matter in which deem it my official duty to
act, namely, the swearing of the grand and pet
it jurors. Section 82l Of the revised statutes of
the United States reads: "At every term Of
any court Of the United States, the District At
torney, or other person acting on behalf Of the
United States in said court, may move, and the
court, in their discretion, may require the clerk
to tender to every person summoned to serve as
grand or petit juror or venireman talesman
in said court, the following oath or affirmation,
namely: 'Yon de solemnly swear (or afirm)
that you will support the constitution Of the
United States of America that you have not
without duress and constraint, taken up arms or
joined any insurrection or rebellion against the
United States; that you have not adhered to any
insurrection or rebellion, giving it aid and COM
fort that you have not, directly or indirectly,
given any assistance in money or any other
thing, to any person or persons whom you know
or had good ground to believe, to have joined
or to be about to join, said insurrection or re-
beion, or to have resisted, or to be about to re-
sist, with force of arms, the execution of the
laws Of the United States and that you have
not counselled or advised any person to join
any insurrection or rebellion against, or to re-
sist with force Of arms, the laws of the United
States. Any person declining to take said oath
shall be discharged by the court from serving
on the grand or petit jury venire to which he
may have been summoned.'"
This section, as the court sees, makes the
administering Of the oath discretionary with
the court. Section 822, which is man datory in
its provisions, reads as follows:
"No person shall be grand or petit juror in
any court ofthe United States, upon any inquiry,
hearing or trial Of any suit proceeding or pros
ecution based upon or arising under the provi.
sions of title Civil Rights" and of title
"Crmes," for enforcing the provisions of the
fourteenth amendment to the constitution, who
is, in the judgment of the court, in completely
with any combination or conspiracy in said
titles set forth ; and every grand and petit juror
shall, before entering upon any such inquiry,
hearing or trial take and subscribe an oath, in
open court, that he has never, directly or indi-
roctly, counselled, advised or Voluntarily aided
any such combination or conspiracy"
Judge Bond-Well, Mr.. District Attorney,
let us get through one thing at time. Have
you any reply to make to the objections filed by
ha othar aida