Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-01


ment was not drawn from jury box containing
| the names OF not less than 800 persons selected
alternately by the clerk OF the court and by a well
known member OF the political party in this Dis
trct, opposing that to which the clerk belongs. a
citizen OF good standing, &C. ano appointed a
persons composing the said panel, as the records
OF this court show, were selected in part by draw
Ing their names from jury box containing jury
nft, Selected by nve commissioners, appointed by
order of the Supreme Court In General Term, and
were in part selected by the marshal of the Dis
trict
MR. AERKICK OBJECTS TO ANY MORE DILAToRY PRO-
CEEDINGs.
Mr.. Merrick said that when the case was last be-
fore the court it was stated that there were no
other motions. and the counsel announced them
selves as ready. He thought it would scarcely be
wise exercise OF the discretion OF the court to
permit the plea OF "nOt guilty" to be withdrawn.
He recited the fact that the proceedings had been
arrested at every step by dilaJory motions.
Mr: Ingersoll said that it was not until this morn
ute referred to. He did not intend to argue the
question, but only to file it. After that he would
again enter the plea OF ''not guilty."
THE COURT REFUSES TO ALLOW THE PLEA OF NOT
GUILTY TO BE WITHDRAWN.
Judge Wylie remarked that he was OF opinion
that the plea was not good, even II it had been
offered in proper time. This District had its own
statutory provisions regarding the selection OF
grand juries Here there were no political Sides
as the people had no political rights. They were
all on one side.
"During this trial, !" interrupted Mr. Ingersoll 81
should think pretty near all were on one side"
"The court said that the grand jurors in uues-
ton were drawn In compliance with the pro-
OF not guilty to be withdrawn.
Mr. Ingersoll then, in order to get his plea on
record, as having been offered, submitted it LII the
form OF motion, which was overruled.
"Are there any other motions?" asked the court
After a minute of silence Mr.. Ingersoll said:
$50 far as tie defendants are concerned let the
"Call the Jury" said the court, and the active
part OF the trial began
Selecting a Jury.
The Jury was then called and sworn upon their
roi- dire. Mr.. Kirk, member OF the panel at
once asked to be excused; he said that he thought
he would be challenged any how.
"YOu had better take that chance then" said
the court.
MI. VIM. Dickson was first called, and in answer
to interrogatories by the court said he had heard
OF the case, read considerable aboutit but thought
he could weigh The evidence impartially.
newspapers" said Judge Wylie, "cannot dis
qualify whole community by trying case in ad-
vance"
Mr.. Merr1ck asked Mr.. Dickson If he knew any
The court at once checked the inquiry, and said
the court would make the interrogatories, the
counsel not being allowed to 1nterrogate except
Dy delegation from the court
CHALLENGED BY THE GOVERNMENT
MI. Wm.T. Wood having answered the questions
OF the court satisfactorily, Mr. Merrick asked the
court to ask whether he had not discussed the
case under question, and Mr.. Wood said he had
not.
Wood was the son OF an exceedingly clever gentle
man who was In the service OF the defence as de-
tective.
81 am not aware OF the fact" said Mr.. Wood
81 so understand il, said Mr. Merrick,
"Nobody else" said MIR. Williams, Understands
'The court suggested that Mr. Wood appeared
qualified; he should be challenged II the govern
ment did not consider him qualihed."
rick.
JURORS ACCEPTED.
John B. Dawson was found qualified.
John w. Hayes said: 81 have only read the
papers: the headngs-that isall
'Then you are evidently qualified" (" said Judge
Wylie.
"The headlines are the worst part OF the news
papers" said Mr.. Wilson.
.The text hardly ever supports the headings" !"
Mr.. Matthew McNelIy was pronounced qualified
When Mr.. Geo. Z. Kirk was called he s,,d he
would like to be excused; he had had some little
taste In the NATTER and 1t was a delicate matter
for him to serve he had been interested in some Of
these star routes, and he had been "wiped out
he thought ne could act tmpartally, however, and
the court passed him.
win J: McLain, VIM. K. Brown, FredK c. Shaw
and Edwin r Doniphan. OF the regular panel, were
also examined on their coir dire and pronounced
competent by the court
DISCUSSION
then sprang up as to how many peremptory chal-
lenges the defence had, the defence claiming that
each defendant was entitled to four challenges.
Mr.. Merrick, discussing the general act OF 1872,
regarding the selections OF turies, giving to de-
that superseded the law made for the District
under the law OF 1872 He claimed that both sides
MT TOtten held that the act of 1867 regarding
turies In the District OF Columbia had been fol-
lowed In the District courts, and was in force
lenges had been partially re-enacted In 1874 when
the Revised Statutes were approved.
Messrk Williams and Hine both maintained that
each OF the defendants had four challenges.
Mr. Merrick. In reply, remarked that upon the
decision OF this point, probably depended the ver-
exclamations OF surprise ut this remark. Mr. Mer
rick said he would explain. It hereafter. Mr.
Merrick held that according to the construction OF
defendants were held as but one in equity, though
seven In person.
JUDGE wYLIE HELD
that in collision Of statutes the rule was that the
general statute should give way to the special
statue Under the special statute applying to the
District, the defendants, considered as one, were
entitled to four challenges.
Mr.. Merrick argued the question at considerable
length.
When he finished Mr.. Mcsweeny spoke, urging
question OF time, especially as Mr. Merrick had
said that the verdict might depend on it
MR. N'swEgNRY's REMARKS -.
Judge Wylte having interrupted Mr. McSweeney
to ask as to the challenges OF the government, Mr.
McSweeney replied :-"sunaeient for the day isfhe
evil thereof They have eminent counsel en-
ployed on the other side TO look after their chal
iengea am shinnying on my own side. We
stand by the multiplication table: times are -
N tins Dtstx1ce as wen as IN other placeRp Nr.