The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-05
CHALLENGING THE PETIT JURY.
Judge WhitAker's Decision After NE
viewing the Facts.

L
Judge Whitakerls Decision After me-
viewing the Facts.
Lii the case OF Robert Armlstead. charged Will
uttering forged check. the following challenge
Of the jury was fled:
And the said Robert Armistead, III his owr
proper person now VI x present at the bar 81
The court. and being. ready for trial. when Pan
Gueringer. one OF the Jurors whose name M.
pears upon the LIST Of jurors impaneled to serve
tsh OF Orleans during the Marcn term 1870. was
presented to serve as q Juror In this cause, and
before ne was sworn the ,aald Robert Armi-
begs leave to challenge the whole array ii
Jurors impaneled to serve before the Superior
Criminal Court for the parish Of Orleans dur
ct the time, to wit. the thirteenth day Of Feb
ruary. 1879. the. names. composing the said list
q ,n,o ira 20 ,b imRssnelea o. af2resaia
commissioners, together with the sheriff of the
Criminal Court, as provided BY law: The said
bog Pr wheel did not contain the names Of not
impartially from the citizens of the parish OF
Orleans. having the qualifications requisite to
register o. voters, ~ ts required By lay. but
or Wheel did contain the names of a large
number of persons who were not good and
e2,mgpetent men me- selected mpartially from the
qualifications requisite to register as voters :
that, as appears from the minutes OF this hon
orable court. the names Of 100 persons were
30, summoned 10 serve ID this honor.
able court r., during this present. March
this honorable court OF Monday. March g. 1879.
the sheriff having proceeded In obedience 10
the instruction OF the court. to call the list Of
400 names OIL persons summoned to attend
attend as JUROR. before the court or Monday.
the third day Of March. 1879 from the list OF per-
sons sga SO ,h summoned and appearing az Jurors
term. 1879. Of the court forty eight persons in
plumber. being duly examined BY the court and
found qualified were by the court selected TO
this court. And from the lst Or the 400 persons
az Jurors and ealled by tho sheriff.
court to BE- stricken from the list for the follow
Ing reasons viz:
Returned b, the sheriff mot found" 12e,
4, sick II. exempt, tlremen ID. over age II,
served as jurors within two years %, resident 81
Sixth District !. exempt from militia service.
under the authority Of the United States d
member Of the General Assembly ~ the Hfafa
!. excused BY the court for other legal oauses 50.
should be maintained. he says that neither at
the time the names were placed III the box or
wheel from which said list Of names was drawn,
therefrom, was there any Board OF Jury Com.
rs contemplated by law, George VI.
Mott, ECO. having ceased to be- qualified voter
a, .aU p, r VI ana mat con-
y, tbnai n usY. rS H'toea ~ said Jury box
,,tain AZ ,yhaia anIIant,y nsM viLlAIed abso-
nianna mo "noio ooiAeoe'oh Oh names therein
Apd tb,a he ia ra.5v - var,,.
Wharafora he ,,raus ~ ba soI hiyy
array be sustained. and that the said panel OF
jurors DO auashed and discharged.
District Attorney Finney. for the state. and
sTr. Nuremberg. on behalf or Armistead .r1,,aa
ha coao nj lon.,h nstar ,n,,,ah a,kueo
80 .'1se =. lenk,h. aiter Wnlen Judge whitaker
'endered the following decision:
On the challenge TO the array defendan NJ ur,as
,s grounds for challenge to the array: ~ @O'
1. That the Jury box or wheel did not contain |
he names OF not less than 1000 good men, ete
int that at the time OF the drawing II di1 nnn
ain large number of names OF persona who
we're not good and conf etert men etc, VIM
.. Defendant further claims that ~ tno ,oo |
ames drawn TO serve for Tho nreasnt ta, a av
James were ordered by the court from the hat AT |
or various causes enumerated, etc. 80 -i'''
3. Lastly defendant AYERS tint ihe hoord -
ury commissioners who drew the namea af from .,
Which the panel for the current farm woa oh |
aimed we're not legally qualified, 80
As to the first point it appears there we're mora
han one thousand names In the Jury wheel or
OK. when the drawing took place for the iurv
or this term. The court cannot consider that
ne Jury commissioners failed Ia their duty nm
or the law, because 1t ap pears that some names
Tere by them place In the wheel that did not
epresent good and com petent men. While the
wv gives to the jury commissioners authoritv
satisfy themselves as to the onalifleatfnna ~
re p "a fe 10 ne wheel 81 an Investigation By
~. - 10 W Iue dlbCTBll0l or Inc COM