Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1885-04-07
Important Decision.

Correspondence Of the Alexandria GAZETTE
WARRENToN, April Z, 1SS5.-Our County
Court, which adjourned Friday last, rem
dered decision in relation to special venires
which involved a question of SO much inn
portance as that it should be known to the
public generally.
Henry Marshall, colored, was indicted for
house. breaking. The case was called for
trial early in the term, but the Common
wealth not being ready, was set for Wed.
nesday last. When then called, it was
ascertained that the writ Of venire facias
had not issued. Both parties announced
themselves ready, but what was to be done :?
There was no jury. The prisoner refused
to waive any point as to regularity. Had
it been a misdemeanor there would have
been no trouble picked" jury would
have been in order. But it was n felony, q
crime for the trial of which the venire is
obtained the same "a in felonies punished
with death, except that IN the latter cases
twenty four instead of six teen are called in
the writ. (See Rev. CIR. &. CHI. II, secs. 3, 4,
and s. There was no question as TO the
power Of the judge to summon jury for
felony in term time. Section 5.h Is clear.
But if the writ issued it would have to con-
form to section Sd, same chapter, and that
would necessitate the officer summoniIg
sixteen persons 10 be taken from list to
be furnished him by the judge" Sc, to
order out the writ, TO supply the sheriff
with list and conine him to that would
make trial that day, at least impossible.
What was to be done? Witnesses from
distance, both sides ready and no reason at
all for delay Except no jury) The obsta
Gle was easily overcome and our worthy
judge at once grappled with the point. He
directed the officer to summon sixteen men.
He did ST.. The sixteen filed into the court
house, took the seats assigned to veniremen.
The prisoner was placed in the dock. And
still no writ had issued. The clerk then at
that stage prepared the writ. The names
of the sixteen were attached to it. The
Judge signed it and with said writ in hand
the sheriff marched up and down the jury.
box summoning them to serve as veDlre.
men.
That being over, the prisoner objected to
the array upon the ground that in legal
contemplation the issuing Of the venire ia
cas must be precedent to any notification
to serve by the sheriff, aud the fact that he
had selected the venire without the writ
and list furnished by the court was legal
TedSOu ioI CHdllSuSiuS INC array, auu Couii
not be cured by any subsequent issue of the
writ; that if it was legal in that case it
would be equally so in murder case, and
thus the power of the sheriff or judge or both
to pack juries by first finding out the views
of men before entering their names on the
list would be unlimited, or the exercise of
it would at least be rendered easier; that,
in a word, such proceeding was vioative of
so much of the statute as tended to prevent
jury packing.
In answer to this it was urged that while
the statute did require the officer to sum-
mon from list made out by the Judge it
did not restrict the judge as to when such
writ and list should be placed in the officers
hands, and in the absence of such express
provision his honor held that the writ of
venire facas commanding the officer ''to
summon sixteen persons" from 'list fur
nished hy the judge" need not necessarily
be executed until those to be 80 sum moncd
were in the jury box, as in this CASE
The prisoner excepted, but the verdict
being only four months in the county Jail,
finally concluded not to risk the expense OF
an appeal to the circuit judge in so doubt
full all issue. EARLE.