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 IL o'clock Tuesday morning,
Sth inst, Judges Bond and Bryan presiding,
and during the day $ session Judge Curtis, OF
New York, occupied, by invitation, seat upon
the bench. The court room was crowded with
a large aud mixed audience the greater portion
being jurymen, witnesses and parties accuseu' |
As soon as the last notes Of the cricrs voice
died away the Clerk Of the Court proceeded to
call over the names Of the jurors summoned 70
attend.
General James Conner, one Of the leading |
counsel for the defense in several election cases,
then rose and said "If 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 single
case only, viz that of the United States us.
John J Dargan, but it will be found to be equal
ly applicable to all the cases which will come
before the court at the present term. We there
fore beg leave to submit our objections in writ
ing follows
Mr. Julian Mitchell, Of counsel for the dc.
fense, here read the paper, which after pre-
amblc, sets forth the following objections
"And hercupon the said John J. Darsan chal-
lcnges the array of tho said panels, both grand
aud po.is JurVrs VvV"us~ 49, --;.L .i--t.i s-~~d
and petit jurors to serve at the present term of
the United States Circuit Court were not drawn
in accordance with law in this:
81. That the said grand and petit jurors were
not selected and drawn in accordance with the
order of Circuit Court, dated 23d December,
1878. In this that all of the commissioners de-
signatcd by the court did not attend to perform
the duty devolvcd upon them by the court, but
that a. Blythe, one of the commissioners desig-
mated, did not attend or participate in the selec
ton, and that tho duty dcvolveI upon him was
performed by A. n. Boozer and J. f. lIagood.
"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
fhuf nr,lnr nf fln rf hnulI hoyn
provided for the selection Of 500 names, and
that the box cannot under the rules DC filed up
from time to time by partial selections, but must
be exhausted and then re-fed.
"3. That the said grand and petit jurors have
not been legally served. That several of the
jurors, grand and petit who are returned by
the marshal rs personally served served by
copy left, were III fact served through the post
office.
81. That one of the commissioners designated
by the said order Of the 23l December, 1878, to
wit Absalom Blythe, was not person residing
in the Eastern District of South Carolina.
80. 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 oifcGscs said to have
been committed viz. : the Eastern District of
South Carolina, but portion Of the citizens SO
selected were from counties within the Western
District of said State.
.And this he, the said John J. Dargan, is
ready to verify; wherefore he prays judgment
that the said panels may be quaShcd.'
\. q. MAGRATu,
JAS. CONNER,
MITCHELL s. SMITH.
Sworn to by J. j. Dargan i'll the usual form,
before T.. \. Marshall, Notary Public.
While, at the suggestion of the court certain
amendments were being prepared 10 this paper,
District Attorney Northrop said:
In the interim, may it please the court, it may
be proper that | should move the court in
matter in which l deem it my official duty to
act, namely, the swearing of the grand and pet
it Jurors. Section S2l 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 a.
a grand or petit juror or venircman or talesman
in said court, the following oath or affirmation,
namely: You dc solcmnly swear Tor aiiirm)
that YOU will support the constitution Of the
United States of America that you haze not,
without duress and constraint, taken up arms or
joined any insurrcction 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 i'll money or any other
or had good ground to believe, to have joined,
or to be about to join, said inSurrectiOn
bcllon or to have resisted or TO be about to
sist, with force of arms, the execution Of the
laws Of the United States and that you have
not counscllcd 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 or vcnirc to which he
may have been summoned
This section, as the court sees, makes the
administering OF the oath discretionary with
the court. Section 3D., which is man nlatory in
its provisions, reads as follows:
"No person shall be grand or petit juror in
any court ofthc United States, upon any inquiry,
hearing or trial of any suit, proceeding pros
ccution based upon or arising under the provi.
sions Of title Civil Rights and of title
.'Crimes," 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 ind-
rocty, counsclcd, advised or voluntarily aided
any such combination or conspiracy"
Judge Bond-Wel, Mr.. District Attorney,
let us get through one thing at time. Have
you any reply to make to the objections filed by
the other side?
District Attorney Northrop said "Nearly |
every point made here wts decided by the Chief !
Justice in the Ellenton cases. | have rot had q |
cory of this paper or been advised in any way |
OF the movement | had the natural anticlpa-