Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1882-01-04


table at the other end of the bar from
the sheriff, and while the jury were be
ling drawn from the remainder Of the
. regular panel, the sheriff made out
new list Of talesmen from the then by
ISLANDERS, and 1t contained the names
of entirely different men from those be
selected before dinner. The men he
first choose were no longer in the court
room. Fresh ones had taken their places;
whereas, IL there had been an arrange
ment for certain men to be put on by
the sheriff they would have been in the
court room from the beginning to the
end of the drawing Of the jury TO fill
the purpose for which they were
brought.
SO far from my knowing who would
be called by the sheriff, or what were
the opinions, concerning the case, OF
those he did call, never was more en-
barrassed than by the sheriff successive
selections. Ofone-half Of those so call
ed, had no knowledge, whatever, and
had TO rely upon such persons as hap
pened to be within the bar at the time,
for the necessary information upon
which could challenge intelligently.
OF every one of the talesmcn ! asked
the question, II he had formed and
expressed any opinion ~ to the guilt or
Innocence of the prisoner. Five Of them
had formed and expressed such Opin-
ions, and were excused; two were. ex-
cused because Of i'll health, and Of the
remaining nine, challenged four and
accepted five. When the jury was
completed | still had four challenges
LETT. 30 much for my part in the draw
ing Of the jury.
| With no one of these twelve much
villifed men did ever converse about
the case before he was drawn, or until
the verdict was rendered OF the opin-
ion OF no one Of them concerning the
case did haze any knowledge or inti-
nation whatever. The regular panel
and the talesnen were drawn by the
law, under the law, and according TO
the law, by its officers aud agents, aud
by no act, agency, or Intervention, dt-
rectly or indirectly Of mine.
| Ii anything mora were needed to close
the mouths Of their revi.ers 1t might
well be ief; to the character and stand
ing of the Jurors themselves. l cannot
undertake. within these limits, 10 speak
OF them all. Of the talesman, John
Nichols, the first Que sworn, ] did not
know when he was drawn, and had TO
make special inq airy about him before
accepted him az juror. Samuel q.
Logan is q member of the bar of over
twenty years standing, although he
early relinquished the practice of
the law. As he was taking his seat af-
ter being sworn said: "rhis is the
first time ever saw lawyer on a
jury" He replied: 81 might have
pleaded my privilege and ought to have
done so" George ID. Watson is q
worthy and substantial farmer of Bran
dywine Hundred. Alfred Derrickson,
| was told at the time he was drawn,
was also farmer Of fBrandywine Hun.
dred. l have since learned that Al
though owning land there he is a man
of wealth, living on his means in the
city of Wilmington. While his coun-
teuance was, in some degree, familiar to
me, did not know who he was when
he was drawn. | still had four challen-
yes left, but said to myself, ~ believe
This man Is without bias IN this case;
he looks as though be has stake in the
public good, like a substantial man and
one firm in his own convictions. He
would not hesitate to find verdict OF
guilty, but he looks like fair man,
OF good sense and judgment, and In the
hands of such am willing TO leave the
life of prisoner. All Of these geutle-
men, as well a. Charles II. Howard, the
peached standing.
OF the entire jury, can say that they
were much above the average. They
are all men Of excellent standing in
their respective caiiings and neighbor-
hoods. But 1t will not seem invidious
to the others If merely refer to the
name of William 2. Bancroft, man of
iniexible purpose In matters Of right
the near relative OF John Bright; the
head of the Hicksite Friends meeting
of the city of Wilmington; manufac-
turer of large business and wealth, and
still larger charities, whose stainless
and exalted character Is simply beyond
the reach of his mean and unworthy !
accusers, and whose mere presence upon ,
the jury Is a conclusive assurance that ,
the evidence was by them, maturely |
considered, and their verdict honestly |
rendered.
For reasons which will give pres
emily, must decline to discuss the evil
deLce In this case. beg, however, to |
call the attention of the public to the
fact that, except those who were pres
ent within hearing of the witnesses
during the trial, and who heard the
witnesses, no one has right to any
opinion upon it at all. No other persons
know what the evidence In the case
was. The evidence in the case has new
er been published in full. The charac-
ter OF the case forbade it. Even those
newspapers which have made this most
indecent attack upon the jury and coun-
sci, haye had too much decency to print
all the evidence. And the part sup
pressed and not published, Is just that
which made it impossible for the jury to
convict the prisoner. And the most i'm
portant part Of the evidence thus sup.
pressed, came oht for the first time on
this trial, and was not brought out on
the former trial because unknown to me
ut the time.
In matters Of law, politics or religion,
people seldom suspend judgment, how
ever disqualified by want Of proper
kuOWleuRo tuoy udy DC, loE loTmluB
any opinion worth listening to. 1t is
very natural they should form opinion
in this case and not suspend their Judg.
ment upon it, because their at ention
has not been called to the fact that the
vsry vital aud controlling portion Of 1t
has net been published. They have not
known that and yet they have not only
denied to the accused the presumption
of innocence, which belongs to an &C.
cused, bat have impeached the honor
and integrity of both jury and counsel.
beg further to cali attention TO the
fact that we live under trial by jury,
and not under trial by newspaper, or
trial by popular clamor, or trial by mob;
though this last tribunal, my unscrupu-
lous assailants have not hesitated to in
woke. This most precious institution
Of the common law commits the prop.
erty, the liberty and the life of any per- ,
son subject TO 1t TO the arbitrament Of
twelve sworn men. The evidence Is