National Republican. (Washington City (D.C.)) 1872-1888, 1880-01-22
THE HIRTH MURDER.
A New Move in Favor OF Pinn Checked by
tho Courf

n NOW moNe IN VI rum Nhechcu Dy
the Court.
The first step in the fight In the defense OF
the parties arrested on the charge of the muir.
der Of George p. Hirth was taken in the
Criminal court before Chiof.Justiee Cartier
yesterday. Messrs. Thomas Miller, n. S.
Davis and John A. Hayward appeared for
Sandy Plnn, aud District.Attorncy Corkhill
and Assistant Dlstrct.Attorucy Perry for the
Government II mas been whispered about the
precincts of the Courthouse for some time past
that the counsel for tho parties accused Of tho
murder of Hirth intended to challenge the
array of Grand Jurors and check their sitting
III consideration upon tho case in order to
delay the finding of an indictment. This state
mont assumed the appearance of truth when
the counsel for one of tho defendants yester.
day filed the following petition:
" The petitioner, Sandy Pinu, respectfully
showeth that he is at present confined IN the
United States Jail of the District of Columbia,
having been committed thereto on the 18th
day oil January, 1850, by ID. G. Patterson,
coroner of said District, charged with the
murder of George Z. Hirth, In said District,
on the 9TH day Of January, 1880: that by
virtue of said commitment he is now await
ing the action of the Grand Jury, ut present
in session that he is Informed and believes
thatsad Grand Jury will have the case before
them Immediately that he has reason to be-
lieve that great number Of said Grand Jurors
are disqualified, by reason of expressions of
opinion, from acting in his case 'Ho, there
fore, prays that said Grand Jurors be exam
incd upon their roif dire as to their compc.
teucy, and that he be allowed TO challenge all
who may be legally disqualified
Colonel Corkhill-What is this charge
What do you expect to do2 Discharge this
whole Grand JuryY
Mr.. Miller-No; we want to examine them
in their cor dire.
Colonel Corkhill-Well, ir you can Gud any
law, authority or precedent for it, why, GO
ahead.
Mr.. Miller cited tho case Of Burr to show
precedent for pursuing this course.
Colonel Corkhill said that it was special
case, jury selected for special purpose, but
even in that case the authority did not support
them.
Mr.. Davis maintained that they had the
right to sec the Grand Jury and question them.
Theirs was serious case and could not be put
down by levity from outside the bar, or cry
ing Of parties for speedy trial and punishment.
This poor man (Hirthl had been killed and
was dead and buried.
Chief-J ustice-Yes and that is where those
who killed him ought to be-
Mr.. Davis-That may be; but innocent per-
sons should not be held responsible for this
crime. IL members of the Grand Jury have
read the newspapers and come to the conclu-
sion that these men ought to be hung, then
they were incompetent TO SIT ms inquisitors IN
this matter
Chiei.Justice-Ho do you know that ?
Mr.. Dayis-We wish to examine them and
see iflt is so.
Chief Justice-Ah, you are fishing about for
the knowledge.
Mr.. Davis-I have had my line baitod for
some time, but cannot get bite.
Chief Justice-The whole thing has a scaly
look to me.
Mr.. Davis-Well, this Is too serious sub.
iect for mirth. We want the privilege to eX-
anime these iurymen aud see whether or no
some of them have not said that these men
are guilty and ought to be hung We want to
confront them and inquire as to what extent
they have expressed opinions and the nature
of them.
Chief Justice-You don't charge anybody.
Name some one mau. Your charge is general.
Be more specific.
Mr.. Davis-We cannot until we find out
which they are.
Chief Justice-Then l deny this motion, as
do not consider that any juror is complained
against. This is not new jury; they were
organized and sitting when this crime was
committed.