The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-04-17
THE JURY DISCHARGED
AND THE CASE OF MR.. MUNFORD AND
HIS DEPUTIES TO BE TRIED ON
JULY THE SEVENTEENTH,
All on Account OF the sickness md
Nervous PrOstratiOn OF Mr..
william Sims, u Juror.

The United States Circuit Court was
called 10 order at 10 O'Clock yesterday
morning-Judges Bond and Hughes pre-
siding. Upon roll-call OF the jury eleven
answered; there was no response when the
name OF William Sims was called. On ac-
count OF his sickness the trial OF the case OF
our worthy fellow-citizens, r. B. Muniord
Commissioner Of the Revenue, and his
deputies. John w. Wilkes, Edward Gray,
II. ii. wilkins, and Charles W.. Goddin.
who are charged with a conspiracy to OBJ
struct Coalition voters last fall, was sus-
pended from Friday to yesterday.
The clerk (Alr. NJ. +. Pleasants): Your
Honors. there is one Juror absent
Judge Hughes: What has Mr.. O'Neal to
say about this matter?
Mr.. O'Neal, who is the deputy marshal
in charge OF the Office at Alexandria, but
who has been acting marshal in this trial in
consequence Of the absence OF Marshal
Hughes, replied.
told the Juror this morning that il he
was able to come to do so, and he said that
he was not able to come, and | didn't feel
as though he ought to come. | did not
like TO take the responsibility OF bringing
sick man up TO the court, and left the
bailiff in charge Of him.
Judge Hughes: l suppose other men,
bers Of the jury know OF the condition OF
the sick Juror, and would like to hear
from them, il they have any communica-
ton to make as to whether he will be able
to be here tomorrow. so that we may go OH
with the case tomorrow morning.
Mr.. u. i. Atkinson "a juror: lie has
had no fever for two days, but complains
OF great debility and weakness; but he has
no fever.
Judge Hughes Is there any certainty OF
his being able to come here tomorrow?
Mr.. Atkinson think il Is very doubt
ful. He says he is subject to this sickness,
| which usually lasts from one to two weeks.
| think, Judge, that he. is suffering from
nervous debility.
Judge Hughes That is worse than
almost anything else that could happen, as
this trial may last for ten days.
District-Attorney Waddill: / under
stood from some oue-from the Marshal, L
think-that he expected TO be out this
morning but for the weather. / do not
know what the facts are, and suppose you
gentlemen 1.-THE iuryl know better.
Mr.. Atkinson The doctor thought he
would be out this morning-at least, that
is what was reported to me, though l
didn't hear the doctor say so himself.
Judge Hughes We are inclined to think
| if would not be well to put the sick juror
TO such a very hard test rs entering upon
case that may last ten days. One of
his friends SAYS he is suffering from ner-
yous debility, We thlnk-Judge Bond
and myself unite in beleving-that the
ease ought to be adjourned to n special term
not to be held before the 1St Of July. My
own time will be fully occupied until after
the close OF the Alexandria term, which
commences the first week in July, and
judge Bond will be even more occupied
than myself, and there is no time we can
fix for the trial OF these election cases,
which ought to be assigned TO 4 special
term. earlier than about the middle Of July.
judge Bond: think we run too great a
risk in going on with Juror in the cOndi-
| ton OF health Mr.. Sims appears TO be in.
| The case NAV last two weeks, and before
it closes Mlr. Sims may fail entirely in
health. In the mean time all the expense
Of the trial will have occurred, and we will
have to do then what | think we ought TO
do now-continue the case.
Judge Hughes We therefore adjourn
the case over to a special term to be con-
yened here on the 18th Of July, and there
will have TO he another Uenire ordered for
that term.
Method of SummOning Jurios.
The following opinion was then deliv-
cred by Judge Hughes as TO the method OF
summoning Jurors in the United States
courts:
As il will become necessary TO order a
renire Of Jurors for the term TO be held in
July, to which this election case and others
on the docket will be continued, we are
called upon to revise the decision rendered
the other day in this case on the motion to
ouash the renire Of the present term.
When that decision was rendered Judge
Bond suggested that the same points might.
in the event Of a conviction, be again
raised on motion in arrest Of judgment,
and that we could then pass upon them
after better opportunity for reflection.
such opportunity is now lost; but we have
had time TO make up mature opinion on
the points raised last Thursday, and VIII
now announce it in order 10 indicate those
views OF the law on which the next Uenire
OF jurors will be summoned.
First. TWAS complained that three boxes
are used i'm this district for the deposit OF
the names Of persons alternately selected
by the jury commissioners counsel main
tanning that only one box is authorized by
law.
The jury law OF 1870. as to districts in
which there is a clerk for each place OF
holding the United States courts, requires
that there shall be as many boxes as there
are clerks.
In our own district there happens to be
but one clerk for the Circuit Court, al
though the court is held in three places
II also happens that there are three clerks
OF the District Court-one for each OF the
three places at which that court is held
and it would be necessary TO strict com
phance with the law, as to all trials had in
the District Court, that there should be
three boxes for the Jurors OF that court
1t has been the practice, however, to bring
nearly all crs.ssinal indictments and in
formations in the Circuit Court. And
therefore, while it would be per-
iectly legal to have as many as fouI
boxes, one for each place OF hold
ing the District Court, and fourth box
for the jurors intended TO serve in the Cir.
cult Court, yet it has come about that
three boxes only have been used; all Of
them supplied with names by the clerk OF
the Circuit Court in conjunction with Mr.
Cabell, the general jury commissioner.
do not recolect how this plan OF keeping
three boxes, All suppHeu Dy Mt. fleasants,
in conjunction with Mr.. Cabell, origi
mated. | doubt whether it was sug
gested by myself. | certainly have nc
recollection Of having originated the
plan. BE that as it may, however,
think the plan approaches as nearly to &
compliance with the directions OF the jur,
law OF 1870 as is practicable in this dis,
trict. There is cetainly no shadow Of au
tbority to be found in that law for the
proposition that there shall be only ont
box for the names of jurors used in thi,
district. We think, therefore, after ma